Heathrow Restrictions- Cancelled Flight

Jenjenlec

Hi all,

First time poster so please bare with me and I hope this makes sense.

My flight was cancelled 6hours before it was due to depart. Under the EU compensation I know I’m entitled to compensation. I used the resolver tool to make contact with British Airways. 

Their response is as follows (I’ve blanked out certain details): 

‘In reference to flight BAXXXXX on 15 July 2022, we're sorry it was necessary to cancel your flight from XXX on 15 July 2022. Your claim's been refused because BAXXXXX on 15 July 2022 was cancelled because Heathrow Airport Limited(HAL) mandated reduction in services due to HAL lack of resources.

You may have seen in the news that airports across the world have imposed restrictions on the number of flights that airlines can operate. Heathrow Airport Ltd (HAL) has set a passenger limit per day until September. As a result, they have told us to adjust our flying schedule to reduce the number of customers using the airport this summer. Under EU legislation, we aren’t liable to pay compensation for this kind of situation.

We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule.’

Can I still fight for compensation or does this come under the ‘it must be the airlines fault’ requirement and are they correct in the fact they aren’t liable to pay compensation? BA chose to cancel that flight I was booked onto, other flights to/from my departure/arrival airport were flying that day. If BA isn’t liable, is there somewhere else I can go to to claim compensation?

Please note BA did allow me to rebook onto another flight, but it was the following day. 

Any help would be gratefully received. Many thanks. 

JPears

If it is true that YOUR flight was forced to be cancelled by Heathrow airport, then you are not due compensation under the regulations.

I would ask for a copy of the direction/instruction from Heathrow airport to BA that they were going to cancel your flight.

If you take this further via CEDR or small claims, they will have to produce this evidence.

If BA have cancelled the flight of their own volition due to staff shortages etc, then that, potentially, IS due compensation.

The cynic in me suspects that BA will try to use this umberella excuse of Heathrow as the culprit on some of their self inflicted cancellations.

bagand96

It is correct that airlines do not have to pay compensation for cancellation when it's caused by exceptional circumstances outside of their control (weather, ATC, airport restrictions etc).  There's no further laws about being able to claim compensation from anyone else though.

JPears said:

If it is true that YOUR flight was forced to be cancelled by Heathrow airport, then you are not due compensation under the regulations.

I would ask for a copy of the direction/instruction from Heathrow airport to BA that they were going to cancel your flight.

If you take this further via CEDR or small claims, they will have to produce this evidence.

If BA have cancelled the flight of their own volition due to staff shortages etc, then that, potentially, IS due compensation.

The cynic in me suspects that BA will try to use this umberella excuse of Heathrow as the culprit on some of their self inflicted cancellations.

This is an interesting point. Are the restrictions from HAL as specific as telling airlines which individual flights they must cancel? Or is it more along the lines of "You must reduce your schedule by X amount of flights" or "You must reduce your passenger number by XXXX".  That could leave an interesting grey area because as the OP says the airline then has to choose which flight to cancel.  So if it their fault or not?

Another point, I thought the restrictions imposed by HAL were far more planned than just 6 hours notice?  Maybe BA are trying it on.  I'd be tempted to escalate just to see if BA can provide any evidence, whilst also accepting you may not be due any compensation.

BA may be liable for any expenses you incurred between your original flight and re-arranged flight the next day.

lludovic

In my case, BA offered a re-routing but only the next day even though I found a SAS flight only 30mn earlier.

I was due to fly from LHR to OSL at 0730 on a Monday and got a text Sunday night at 2245 telling me my flight was cancelled. I spent a long time on the phone trying to get to an agent whilst checking the rebooking options offered by BA. Given the earliest they offered me was on Tuesday, I rebooked myself on a different airline and cancelled my flight.

I claimed compensation and the price difference with BA, which they denied saying it was due to Heathrow.

It's rather disgraceful and poor, has anyone else experienced this? 
And is there a way to obtain compensation?

eskbanker

JPears said:

If it is true that YOUR flight was forced to be cancelled by Heathrow airport, then you are not due compensation under the regulations.

I would ask for a copy of the direction/instruction from Heathrow airport to BA that they were going to cancel your flight.

If you take this further via CEDR or small claims, they will have to produce this evidence.

Are you aware of this issue (of airline compensation liability being determined by whether an airport directed specific flight cancellations or a more generic throughput reduction) having been tested in court yet?

It's obviously early days, especially to go through a senior enough precedent-setting court, and the CAA's guidance at https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/making-a-claim/am-i-entitled-to-compensation/ is irritatingly ambivalent:

Heathrow Airport

On occasion Heathrow Airport may request an airline to cancel a flight or a proportion of their flights for a particular day on the grounds of safety or security. This may be, for example, as a result of forecast bad weather or due to resourcing constraints at the airport. The cancellation of some flights will reduce the total number of flights operating from the airport, but will not necessarily mean that all flights need to be cancelled.

Where the airport does not give airlines sufficient advance notice of the requirement to cancel flights this can lead to airlines being unable to give advance notice to their passengers. In such circumstances, the CAA may consider the flights to be cancelled due to extraordinary circumstances and not subject to compensation.

The list below sets out flights which the CAA would consider have been cancelled due to extraordinary circumstances. Please note this is not an exhaustive list and whether or not consumers would be entitled to compensation would depend on the circumstances of each individual flight cancellation. The list does not include flights cancelled on the day.

[list of specific flights follows, only up to 24 July at time of posting]

Jenjenlec said:
‘In reference to flight BAXXXXX on 15 July 2022, we're sorry it was necessary to cancel your flight from XXX on 15 July 2022. Your claim's been refused because BAXXXXX on 15 July 2022 was cancelled because Heathrow Airport Limited(HAL) mandated reduction in services due to HAL lack of resources.

Is your flight among those listed for that day at the above CAA link, which that body asserts were due to extraordinary circumstances?

JPears

This is an interesting point. Are the restrictions from HAL as specific as telling airlines which individual flights they must cancel? Or is it more along the lines of "You must reduce your schedule by X amount of flights" or "You must reduce your passenger number by XXXX".  That could leave an interesting grey area because as the OP says the airline then has to choose which flight to cancel.  So if it their fault or not?

Another point, I thought the restrictions imposed by HAL were far more planned than just 6 hours notice?  Maybe BA are trying it on.  I'd be tempted to escalate just to see if BA can provide any evidence, whilst also accepting you may not be due any compensation.

BA may be liable for any expenses you incurred between your original flight and re-arranged flight the next day.

I think LHR, have on occasions, specified which flight an airline is to cancel. The majority of BA's cancellations are "self inflicted" though.

Costs and expenses incurred by arranging alternative flights should be reimbursed no matter what the reason for cancellation.

To progress, you will probably need to go to small claims.