Denied compensation for cancelled flight

I had a return flight from London city to palma de Mallorca in July with my wife and my 8 year old. There were no issues on the outward leg but the return flight that was due to depart at 11am was cancelled at 4:50am on the morning of the flight. The replacement flight I was offered was at 7:10pm which I changed after talking to them to a 5:40pm flight landing at Heathrow. I was not offered any other flights or the option to choose a flight with another airline. I decided I didn’t want to spend a day in the airport so booked an easyJet flight to Gatwick at my own expense which left at 11:30am. I submitted a claim for compensation to BA for the cancelled flight which they have denied saying that I made it to my final destination within 3 hours of the original planned arrival of the cancelled. Does anyone know if this is correct? I don’t see how they can claim this given I am left out of pocket for the easyJet flight and they had no part in arranging the alternate flight.

Comments

  • eskbanker
    eskbanker Posts: 29,908
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    When an airline cancels a flight, they have three separate obligations - compensation, reimbursement/rerouting, and care.

    Putting aside the last of these as relatively trivial (meal vouchers, etc), regardless of cause of cancellation, they have to put you on another flight or refund you.  It sounds like you negotiated with them to get a better alternative flight than they originally offered, but then went ahead and unilaterally booked a different one anyway?  I'm not convinced that you're entitled to claim back the cost of the alternative flight in such circumstances though, i.e. if they offered a flight on the same day.

    Regarding the separate matter of compensation, they're only required to pay this if the cancellation was within their control, so can reject a claim if it was due to extraordinary circumstances - why was the flight cancelled?  If it wasn't extraordinary circumstances, they don't have to pay compensation if passengers "are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival", so if their offered rerouting wouldn't have achieved this then the claim remains valid, even if you arranged your own alternative....
  • To close this out, after I responded to BA challenging their denial of compensation as they had nothing to do with the easyJet flight they have relented and agreed to pay compensation for all 3 passengers.
  • My flight home on 19 September from Germany cancelled and I have been told I cant get compensation for cancellation because it was due to poor weather at LHR. Is there a way (or any purpose) to finding out if other flights to LHR took off/ landed at approx same  so I can try to refute their argument?
  • eskbanker
    eskbanker Posts: 29,908
    First Anniversary Name Dropper Photogenic First Post
    Forumite
    My flight home on 19 September from Germany cancelled and I have been told I cant get compensation for cancellation because it was due to poor weather at LHR. Is there a way (or any purpose) to finding out if other flights to LHR took off/ landed at approx same  so I can try to refute their argument?
    https://www.flightera.net/en/ has a searchable archive of flights, so you could review comparable flights there.
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