How do I claim for compensation to disrupted travel plans?

JXPearce

I recently had a flight booked from Corfu to LHR with British Airways, however the flight was cancelled 9 days before we were due to return home. 
There were no other alternative direct flights on that day and the next anticipated flight with BA was 3 days later. We needed to fly on this date, so there was no other option than to get to Athens and fly to LHR from there.
We took out holiday/travel insurance prior to travelling, but the travel insurance provider states that no compensation can be given if an airline cancels a flight. We have also been directly through BA requesting compensation for the change in our travel plans, however BA state they cannot give compensation because the flight cancelation was due to Covid-19.
At the time of the flight there were no travel restrictions in Corfu and the only reason the flight was likely cancelled was because there weren't enough passengers (indirectly linked to Covid-19).  
I dont know where I stand here - I have seemingly bought insurance that has not been able to help at all, and BA refusing to give any form of compensation.
Please let me know if you have any suggestions on how to proceed.

Westin

Did BA only offer you a solution of the next CFU LHR flight in three days time?

Were other options discussed with the airline when you were informed of the cancellation?  I am surprised that you/they did not discuss rerouting CFU/ATH/LHR or welfare during your extra stay in Corfu.  Can you elaborate on what solutions and options BA offered?

eskbanker

Are you looking for compensation or for reimbursement of costs incurred in having to make alternative travel arrangements, as they're two different things?

If BA are asserting that the cancellation was due to Covid then they're right that they have no obligation to pay compensation as such, but they are on the hook for the cost of getting you home.

macman

You have no entitlement to compensation under these circumstances. You have a right to a full refund from BA for the cost of your inbound ticket. 
What exact compensation are you seeking?
As pointed out by others, compo and a refund are two entirely different things.

silvercar

It isn't clear from your post.

Which airline flew you from Athens to LHR? who paid for the ticket? Did you accept the change? How did you get from Corfu to Athens? Have BA offered you anything for the flight that was cancelled.

Normally BA would be liable for getting you to LHR, which would mean either they pay for your hotel and food costs for 3 days until they can fly you home or they pay for the costs of the flights Corfu-Athens and Athens-LHR. Did either of those things happen? 

JXPearce

Thank you all for your posts - sorry I wasnt clear in my original posting! 

BA offered an alternative flight which was from Athens to London, I want to be reimbursed for the costs that we incurred to get to Athens from Corfu.
BA were unable to get me to London on the day of travel unless I got my family to Athens (via an Olympic Air flight). At current, the cost of this flight and all associated costs with the change of travel plans have come from my pocket and no reimbursement from the Airline.

eskbanker

How did you phrase your request to BA and what exactly did you ask for?  In your OP there were repeated references to 'compensation', which BA are within their rights to refuse, but reimbursement of direct costs incurred to complete the journey (i.e. the Corfu to Athens leg) is a different matter, so they should accept the latter as valid re-routing costs if the claim is appropriately constructed.  If they haven't, what reason do they give?

JXPearce

Thank you for putting me straight on my terminology - I wasnt really aware of the difference! 

This is the response from BA:

"I'm sorry to learn your flight from Corfu was cancelled, and that we didn't meet your expectations when you travelled with us from Athens and I understand why you needed to let us know what happened.

Your flight from Corfu on 25 May was cancelled due to the impact of COVID-19, and travel restrictions which are in place. As the COVID-19 outbreak is an extraordinary circumstance which is affecting all airlines globally, I'm afraid we're not liable to offer EU compensation under these circumstances.

I understand you incurred expenses as a result of your flight being cancelled because you needed to travel on 25 May, so changed to fly from Athens. Unfortunately, we aren't liable to reimburse you for your flight to Athens, your hotel cost, or your COVID-19 test. You may be able to make a claim for these expenses through your travel insurer. "

I have also reached out to my insurance providers and because the flight was cancelled due to covid, they will not cover the costs.

phillw

https://www.caa.co.uk/Our-work/Newsroom/COVID-19-guidance-for-passengers/Under EC261, 

consumers can receive compensation for cancellations made within 14 days of your booking date. However, this regulation does not apply where the cancellation is an 'extraordinary circumstance', outside of your airline's control.  

Where the Government is advising against travel to a destination or a local lockdown has been put in place, we consider that this would be viewed as an 'extraordinary circumstance' and compensation would not be payable. Cancellations related to coronavirus in other circumstances (e.g. where there is no advice against travel) would need to be considered on their merits and facts. However, decisions by authorities to close airspace, restrict airline operations or place restrictions on passengers are likely to be an extraordinary circumstance. Cancellations due to the economic and environmental consequences of operating flights with only a few passengers on-board may also be considered to be an extraordinary circumstance, for example where the imposition of quarantine requirements significantly impacts demand. 

Please note that If your flight is cancelled, you will always be due a refund and to be provided with assistance, even if you are not due further compensation.

I'd argue that covering additional expenses may fall into "providing you with assistance" however I have no idea whether that argument would work. They might just say that you turned down the free accommodation for three days while waiting for the next flight & that is where their obligation ends. However you can escalate the complaint....

https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Making-a-claim/What-to-do-if-your-claim-is-rejected/

It looks like BA use https://www.cedr.com/

If you booked on your credit card then you could try a Section 75 claim.

You should however prepare yourself for taking it on the chin.

eskbanker

As above, they're not obliged to pay compensation, so it's unsurprising that they rejected that, but they are required to offer travellers "re-routing, under comparable transport conditions, to their final destination at the earliest opportunity" under article 8.1(b) of the EC 261/2004 regulations, which have been transposed into UK legislation as part of Brexit.

How did you go about making your revised travel arrangements, i.e. when getting booked onto the flight from Athens, did you engage with BA about getting from Corfu to Athens or just arrange that completely independently?  I can see why BA may have issues with being expected to pay for Covid tests and hotel costs, but should pick up the tab for the domestic flight - however, if you've gone in with an inflated compensation claim and (by the sound of it) complaints about service too then this may have influenced their response, not that this allows them to evade their legal obligations.

I can see why your insurer may reject a claim if they (understandably) feel that the airline should reimburse you, but if the airline refuses to pay out then your insurer should step in.

Westin

Agree with above.  The rejection may be down to the initial wording and 'compensation' claim being made plus the timelines from notification of the CFU LHR flight.  I would contact them again, this time being clear on what your [reasonable] claim is for - travel between CFU ATH.