British Airways denied boarding - refusal to rebook and refusal to compensate

Madthinker

Hi all,

I feel like I've been through the wringer with BA.

The short story is this:

Firstly, I was denied boarding on by BA flight from Cape Town to London on 1st Jan.  BA refused to rebook me.  The original flight cost c£550, and the one I had to rebook out of my own pocket cost c£950.  

Secondly, I was denied boarding on my rebooked flight.  When I rebooked my flight over the phone (for 4th Jan), I made absolutely sure the agent confirmed that that I would definitely be on the the flight and that my card would be charged.  I could not check in beforehand, but the check-in portal did clearly state that my flight was for 4th Jan and that I should proceed to the airport to check-in.  It stated this until at least 3 hours before departure.  However, when I arrived at the airport, the check in assistant told me my flight was for 6th Jan.  Eventually, it transpired that they had not been able to place me on the flight for 4th and I had to book again for 6th Jan.

I initiated my complaint to BA on 11th Jan, asking for the following:
1 - Compensation for being denied boarding on 1st Jan.
2 - Refund of the rebooking cost incurred because they wrongly failed to offered me a rebooking.
3 - Compensation for being denied boarding on 4thJan.

There's been a bit of back and forth on my complaint.  BAs responses have been little short of gaslighting.
- For the first flight, they paid (1), but deny liable for the cost of the rebooked flight.  They do say they're liable for the original flight cost, but are refusing to pay it.
- For the second flight, they in effect are refusing to answer any questions. 
- They are also refusing to confirm that they're treating it as a complaint, and refusing to provide a final response letter.

I have the following questions I would like assistance with.
1 - Am I right in saying that I am entitled to be refunded the cost of the rebooked flight, rather than the initial flight?
2 - It passed 8 weeks since the date of my initial complaint yesterday.  Should I raise a complaint to CEDR without a final response letter?
3 - Any other advice would be appreciated.

I'll paste the longer story below in the form of my correspondence with BA so far.

Madthinker

Complaint text:

11th January 2025

Dear British Airways,

I am writing to complain about my treatment for my recent trip from Cape Town to London Gatwick which was booked for 1st Jan 2025 (BA2040).

Timeline of events:

• 12th August 2024, I booked my trip on the BA2040 1st Jan 2025 flight from Cape Town to London Gatwick.
• On 31st December 2024 after 19:40, I attempted to check in on line.  However, the BA check in page told me "we cannot complete online check-in for this flight".  I tried this on several occasions and on multiple different devices.
• On 1st January I turned up at the airport in good time.  I asked the staff at the start of the check in desks which queue I should join and followed her instruction.  I was ready to be checked in by British Airways at this point.
• At 18:22, I texted my wife to the effect that I was in the queue for check-in.
• During the queue, I spoke to another lady who confirmed that she had checked in and was only in the queue for the bag drop.  Therefore, there was no general problem with the check in system for this flight.  This made me suspicious as to why British Airways had refused to let me check in online. 
• At no point whilst in the queue did anyone ask me if I was on the BA2040 Gatwick flight or usher me to an expedited desk.
• When I was finally called to the check in desk, the agent told me I could not board because I was late, and the bags would not be taken onto the plane.  I explained that I had been there in good time, and that if need be, I could fly without my bags.  The agent then admitted there had been a late plane change, resulting in an overbooking and that there was no seat for me on the flight.
• I asked her to speak to a supervisor.  Whilst she was away from the desk, the check in lady at the desk adjacent to mine made a call for passengers on the same flight.  I leaned across to let her know that I was trying to get on that flight, but she said I should be dealt with the lady at my check-in desk.
• The lady at my check in desk returned told me there was nothing she could do, and she could not put me on the Heathrow flight either.  She said I should join the queue for the customer service desk, which I did.
• At the customer service desk, when I was finally seen to, the gentleman told me I was late.  When I explained that I had already ben given the real reason why I was being denied boarding he told me that someone had been round the queue to expedite passengers for the Gatwick flight at 18:30.  He asked me what time I joined the queue.  I explained him that I didn't record the time when I arrived because I had no need to, but that I was definitely in the queue at 18:30.  He told me that my arrival time was "18:45" and walked off.  He then saw to every other passenger in the queue.
• Whilst the queue cleared, I recalled the texts I had sent to my wife at 18:22.  When the staff member had nobody else to deal with, he spoke to me again.  I asked him if he was saying that if I had been in the queue at 18:30, I would have got on the flight.  He confirmed that this was what he was saying.  There was a new staff member with him, who stated he'd been around the queue a number of times around 18:30.  I then showed them the texts to my wife showing that I was in the queue at least as early as 18:22.  Neither the authenticity not significance of these texts were disputed.  The gentleman then changed the story - and claimed that a more general "call out" had been made to the queue, and they alleged that I had not responded.
• There was a gentleman next to me, who confirmed the same had happened to him - that he was in the queue at 18:30 and that nobody had asked him if he was on the Gatwick flight to expedite his boarding.
• At no point during this discussion did the staff reconcile their claims with the fact that I had already been told that the flight was overbooked, and there was no seat for me, even at a point in time before the lady at another check in desk was calling people for the same flight.
• The gentleman told me to wait while he did some admin and see if there was anything he could do.  I waited some time.  Then he was done and told me it was too late to make any further calls.
• By now the time was 22:30 and I had to book an Uber and to my emergency accommodation.
• Later on the night of 1st January, I called British Airways to complain and get myself on another flight.  I was due to start work the next day in London, and I needed to get home.
• The phone agent told me that the airport agent had recorded notes that I had arrived at the airport at 18:30.  I pointed out that this was incorrect - I had said that I was in the check-in queue by at least 18:30, but was careful to point out that this was not the same thing as arriving at 18:30.  I also pointed out that I had shown the airport agents the texts than undisputedly showed that I was in the queue earlier than this time. Therefore the airport agent had made statements that were both untrue and that he/she knew to be untrue.
• The phone agent offered to re-book me on a new flight, which I jumped at.  He then told me there would be a fee of £894.40.
• Astounded, I asked for an explanation - as to why I would have to pay anything, given that there was no dispute - British Airways had already confirmed that I was waiting to be checked in at the airport whilst the flight was still open, and that the reason I was being denied boarding was due to overbooking.
• The phone agent told me there was nothing he could do, because the airport had recorded me as a "no-show" - which was untrue and based on false information.
• With no other option to get home, I agreed to book for 4th January, and make the payment under duress.
• Specific exchanges on this call make it clear that I was told that I was being booked on the flight of 4th.
• Agent: "We'll have to charge the card to re-book you, which is a new fresh booking basically".
• Agent: "We can re-book you for this particular reservation"
• Agent: "And then we'll be able to re-book you"
• Agent: "the e-ticket will be re-issued"
• The agent took my credit card details and told me he had booked me on the BA2040 flight on 4th January.  He told me that my card would be charged in about 24 to 48 hours.  I asked him to double-confirm that I would definitely on the flight of 4th January, which he did:
• Me: "But it will definitely happen - I will definitely be on that flight?" 
• Agent: "Yes, oh yes", and then suggested I go to "manage my booking", and I could confirm that it said 4th Jan.
• Agent: "You have a confirmed flight.  Your card will be charged.."
• The agent then confirmed my email address and phone number for contact information.  These were taken correctly.
• On January 3rd at 19:47, I tried to check in for the flight.  However, the system again said "we cannot complete online check-in".   I tried again on multiple occasions - including at 19:50, and then 11:30 on Jan 4th, 14:55 on January 4th, but could not check in.  However, the website said "Your next flight is from Cape Town to London on Saturday 4th January".  I have a screenshot that shows it was telling me this as late as 14:55 on 4th January.  At no point was I told that there was any problem with the booking.
• I arrived at the airport over 3 hours in advance on 4th January.  I noticed the booking system was still saying 4th Jan, but that it had slightly changed the message - it told me that check in was not available because "you do not have a confirmed booking for this flight" (screenshot at 16:28).  I asked to go straight up to the service desk.
• The lady at the desk told me that my booking was for 6th January and was insistent that there must have been some miscommunication between myself and the phone agent.  I offered to play her the recording of the call.  At this point she started getting hysterical - telling me it was illegal to record her, and she would call the police.  I explained that I had not recorded her, was not going to record her, had never had any intention of recording her, and was merely offering to provide her with the evidence that showed I'd clearly booked for 4th. Although a secondary complaint, this showed that I was not being listened to.
• I then showed the lady the check-in page, which was showing a light date of 4th January.  The story then changed again - I was then told that the ticket for 4th had been cancelled, but the staff could not say by whom, or why.  I explained that I could have no confidence that if I returned on 6th Jan that I would be able to board - since the check-in page was still showing 4th Jan.  She seemed entirely uninterested and started to deal with other customers.
• I was put on a wait list for the flight for 4th and told to return at 18:40.  I did so.  Despite the fact that seats were found for others who had variously been bumped of other flights, no seat was found for me.
• By 19:59 I logged into the BA website again and the flight date had been changed to 6th Jan.
• Eventually I manage to speak to a different lady who checked the system notes.  She told me the phone agent had not booked me on a flight, but rather had only put me on a waiting list.   She said that no seat had been found for me for 4th Jan, and I had been re-booked for 6th.  She said the notes said someone had tried to call me - but had not send an email.  I confirmed the email address on record was correct, but that I had not received an email advising of any problems with the flight that I had been told had been booked.
• The lady said there was nothing she could do, but the payment intended to have been made when booking the flight for 4th had not gone through.  A new payment would need to be made - now increased to £911.36 in order to secure a flight on 6th Jan.  Once again, under duress and having no option to return home, I gave British Airways the details to take payment, and arranged alternative transport, accommodation and asked my employer if I could book another day's leave.
• On 6th January, I finally was able to board my flight.

My complaints:

• British Airways should not have given a generic message preventing online check-in to me, when others were allowed to check in.
• The notes on the system should not have been entered to say that I arrived at the airport at 18:30 on 1st January.  Not only is this untrue, but the airport agents knew it to be untrue.
• I should not have been recorded as a "no-show" for the flight on 1st January.  I was waiting for British Airways to serve me at the check in desk while the flight was still open.  The lady at the check in des confirmed it was because of a late plane change, meaning an overbooking and that there was no seat for me.
• Accordingly, I should not have been charged a fee to re-book the flight and should in fact have been offered compensation & accommodation. 
• British Airways should not have told me that I had a flight re-booked for 4th January if (as British Airways are now saying) they had only put me on a waiting list.
• British Airways should have emailed me as soon as they had decided that I was not going to be put on the flight of 4th January. 
• I should have been offered compensation & accommodation for being denied boarding on 4th January.

What British Airways can do to put this right:

• Provide compensation for denying me boarding on 1st Jan
• Refund the rebooking fee of £911.36 
• Provide compensation for denying me boarding on 4th Jan

I would add that I am aware that Norse airlines are now offering significantly cheaper flights for the same route.  To date, I have stayed with British Airways out of loyalty and the belief that British Airways does not treat its customers in this manner.  I hope I am proved correct.

I await to hear your response.

Yours faithfully,

Madthinker

Responses
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Dear [REDACTED]

An update from British Airways

We’re very sorry you were unable to board your recent flight from Cape Town. We’re concerned to hear about your recent experience with British Airways. We know this isn’t what you expect when you fly with us, and we understand why you needed to let us know about it. We'd also like to thank you for your patience while we got back to you.

Like all airlines, we sometimes sell more seats than are available. This is because we know some people won’t turn up for their flight, and we don’t want to fly with empty seats. We plan this carefully, but sometimes more people turn up than we expected, and we then have to ask some customers to travel on a different flight. We know how disappointing this is, and so first ask for volunteers. However, if we don’t get enough, we must choose other customers.

We know this experience didn’t meet our usual standards, and so I’d like to offer you £520.00, which I hope goes some way towards making up for what happened.

I’ll transfer £520.00 to your account using the details you provided. The payment may take up to 14 days to show in your bank account.

Thanks for taking the time to bring this matter to our attention. We’ll use your comments about what happened to help improve our service in the future.

Once again, please accept our apologies for your experience on this trip. We hope to welcome you and your companion back on board soon.

Best regards

--------------------------------------------------------------

Dear British Airways,

Please can you confirm whether this offer is in respect of my flight from Cape Town to London on 1st January (BA2040).

Regards,

---------------------------------------------------------------

Dear [REDACTED]

An update from British Airways

Thank you for writing back to us.

I'd like to inform you that we've processed the payment for £520.00 for your disrupted journey from Cape Town. I hope this helps.

Once again, thank you for contacting us.

Best regards

-------------------------------------------------------

Dear British Airways,

You have not answered the question that I asked.

I asked "Please can you confirm whether this offer is in respect of my flight from Cape Town to London on 1st January (BA2040)."

The reason for the question is because, as you know from my detailed complaint, I was twice denied boarding from Cape Town to London - once one 1st January 2025 and subsequently on 4th January 2025.

Please answer the question: Is this offer of compensation in respect of being denied board on 1st January 2025 or in respect of being denied boarding on 4th January 2025?

I note also that on the portal you have set my case status to be "closed".  This complaint will not be closed until you address it properly.  Please re-open it on the portal.

Regards,

------------------------------------------------------

Dear [REDACTED]

An update from British Airways

Thank you for writing back to us.

For the specific concern you’ve raised, I'd like to inform you that the compensation is for denied boarding for the flight from Cape Town.

Thanks again for getting in touch. I hope you find this helpful.

Best regards

---------------------------------------------------------------

Dear British Airways,

As you will be aware, this does not answer my specific question.

I paid for two flights from Cape Town to London and was denied boarding on both.  Therefore, it is unclear which of the flights this compensation relates to.

I repeat the question which you have not answered: "Is this offer of compensation in respect of being denied board on 1st January 2025 or in respect of being denied boarding on 4th January 2025?"

Regards,

---------------------------------------------------------------------------

Dear [REDACTED]
 
An update from British Airways

Thank you for writing back to us.

I have checked our records and can see that the payment has been processed to the bank details which you provided while submitting the claim.

Thanks again for contacting us.

--------------------------------------------------------------------------

Dear British Airways,

I did not ask which account the money was processed to.  I asked which flight you are offering compensation for, including the date of the flight.

The reason I ask is because I paid for 2 flights, on different dates, and was denied boarding from both.

Please answer the question: Is this offer of compensation in respect of being denied board on 1st January 2025 or in respect of being denied boarding on 4th January 2025?

Regards,

--------------------------------------------------------------------------------

Dear  [REDACTED]

An update from British Airways

Thank you for contacting us.

For the specific concern you have raised, I've checked our records and can see that we've processed the payment for £520.00 for your disrupted journey for the flight BA2040 dated 01 January from Cape Town.

Thanks again for getting in touch about this. We look forward to welcoming you on board again soon.

Best regards

------------------------------------------------------------------------------

Dear British Airways,

Thank you for your reply, in which you confirmed that the £520 compensation offered was for the flight of 1st January 2024.  This is the statutory compensation for a flight delay of this time & distance.  However, this only addresses part of my complaint.

Firstly, as detailed in my complaint, not only did you deny me boarding for the flight, but you forced me to pay for a new flight.  You should not have done this, so you should refund the amount I had to pay for the second flight.

Secondly, despite your agent confirming that I had been rebooked on the flight of 4th January, when I arrived at the airport, I was again denied boarding.  You have not offered compensation for denying me boarding on 4th January.

Please could you address these elements of my complaint.

Regards,

-----------------------------------------------------------------------------

Dear [REDACTED]

An update from British Airways

Thank you for getting back to us regarding your claim. I can understand why you needed to bring this matter to our attention.

I'd like to inform you that while calculating EU compensation, we've to consider the distance of the disrupted journey and the length of the delay. The EU compensation is not a per flight concept. I've reviewed your claim and can confirm that we've offered you the correct amount of compensation as per the distance of your disrupted journey and the length of delay. Hence there is no additional compensation due to you.

We do understand how strongly you feel about this. When a customer has any kind of concern, we share the feedback through the organisation, and focus on what we can do to avoid the issue happening in the future.

Thanks again for following this up with us. We hope to welcome you back onboard soon.

Best regards

-----------------------------------------------------------------------------

Dear British Airways,

Ref: [REDACTED[

I'm afraid this response is not satisfactory for a number of reasons.

1 - Your failure to deal with this complaint:

I raised this complaint with you on 11th January, following the direction given for making a complaint on your website.  I made it clear in the text that this was a complaint.  Since then you have only referred to it as a 'case' or 'claim'.  You have provided a link to '"track my case status", which shows as closed.

Based on the above and you evasive responses, it is not clear that you have treated this as a complaint at all.

• Please confirm that you are treating this as a formal complaint in line with your complaints procedures.  Accordingly, please correct the status of the case to be open.  I note this is the second time I have had to ask that you keep this complaint open.
• Alternatively, if you consider that this has been treated as a complaint and closed, then please issue a final response letter.

2 - Regarding the flight/booking of 1st January 2025

Your response refers to the calculation of the statutory compensation amount for denied boarding.  However, already explained in my email, this does not address all of the complaint.

Since you denied me boarding you were required in addition to provide me with 2 options.  I quote from the CAA:

      "1. Choose an alternative flight

Your airline must offer you an alternative flight. It’s up to you whether to fly as soon as possible, or at a later date that suits you. Airlines often refer to this as being ‘rerouted’.

If you want to fly as soon as possible, your airline must also provide care and assistance while you wait for the flight.

This means they must provide:

• A reasonable amount of food and drink (often provided in the form of vouchers)
• A means for you to communicate (often by refunding the cost of your calls)
• Accommodation, if you are re-routed the next day (usually in a nearby hotel)
• Transport to and from the accommodation (or your home, if you are able to return there)

The airline must provide you with these items until it is able to fly you to your destination, no matter how long the delay lasts or what has caused it.

2. Receive a refund

If you don’t want to fly, you can get your money back instead. You’ll get a refund for all parts of the ticket you haven’t used."

You did not provide these options, even when I asked for them.  Had you done so, I would have chosen an alternative flight and claimed for care & assistance.  Instead, I had to go home and contact BA to pay for a new flight, which cost me £911.36.  

Therefore, one of the steps necessary for you to resolve this complaint is to refund the £911.36 that you incorrectly forced me to pay. All this has already been explained in my initial complaint email.

4- Regarding the flight/booking of 4th January 2025

As already explained in my complaint letter, you denied me boarding also on 4th January.  This flight was not an alternative flight arranged by yourselves - as mentioned above, I was required to re-book and pay for my return flight separately, but the new reservation was confirmed.  In your own agent's words: "You have a confirmed flight".

You say in your response that "The EU compensation is not a per flight concept".  However, the regulations define it precisely in these terms - they apply when passengers "have a confirmed reservation on the flight concerned".  Therefore, compensation is due.

I copy the text of our correspondence below.   It is clear that British Airways has not so far engaged with the substance of my complaint - most of the replies so far have been tantamount to gaslighting.  Please address my complaint properly - alternatively please issue a final response letter.

Regards,

-------------------------------------------------------------------------

Dear [REDACTED]

An update from British Airways

We are sorry you were not happy with our previous response.

We would like to inform you that, due to the disruption you experienced, we may be able to cover the taxi and food expenses that were incurred as a result. However, please note that we will not be able to reimburse you for the cost of an alternate flight.

As per our legal responsibilities, we are only obligated to cover the cost of your original flight and a few related expenses. While we understand this may be frustrating, we recommend reviewing the terms of your travel insurance. Depending on the policy, you might be able to claim the cost of your alternate flight through your insurance provider.

Thank you for getting in touch with us; we hope you find this information helpful.

marcia_

 I couldn't read that, far too long. Why were you denied boarding? Because you checked in late? 

Emmia

I haven't read all of it, but my interpretation is that the OP was due to fly on 1 January, but was denied boarding. BA have refunded the flight cost.

The OP bought a second flight, but was again denied boarding. This flight was transferred to another date and the OP flew home. BA is not refunding the cost of this flight, as ultimately the OP was flown home.

The OP seems to want the second flight also refunded, but this is a higher level of "compensation" than BA are willing to offer.

OP why (on both occasions) were you denied boarding?

Is it that you were late (BA deemed you late) both times? Something else?

HampshireH

Emmia said:

I haven't read all of it, but my interpretation is that the OP was due to fly on 1 January, but was denied boarding. BA have refunded the flight cost.

The OP bought a second flight, but was again denied boarding. This flight was transferred to another date and the OP flew home. BA is not refunding the cost of this flight, as ultimately the OP was flown home.

The OP seems to want the second flight also refunded, but this is a higher level of "compensation" than BA are willing to offer.

OP why (on both occasions) were you denied boarding?

Is it that you were late (BA deemed you late) both times? Something else?

OP was denied boarding on flight 1 because BA overbooked the flight and decided they would bump OP off it. OP was in the check in queue on time. No online option was available 

OP was denied boarding on flight 2 because despite having confirmation they had been booked on the flight the check in desk told them they had infact only been put on a waiting list and were bumped off again. OP arrived early to check in. No online option was available 

OP then booked a 3rd flight for 2 days later meaning they didn't fly until 6th Jan due to BA failing to either communicate clearly both on the phone and written communication or deciding to bump the OP without notification 

Emmia

HampshireH said:

Emmia said:

I haven't read all of it, but my interpretation is that the OP was due to fly on 1 January, but was denied boarding. BA have refunded the flight cost.

The OP bought a second flight, but was again denied boarding. This flight was transferred to another date and the OP flew home. BA is not refunding the cost of this flight, as ultimately the OP was flown home.

The OP seems to want the second flight also refunded, but this is a higher level of "compensation" than BA are willing to offer.

OP why (on both occasions) were you denied boarding?

Is it that you were late (BA deemed you late) both times? Something else?

OP was denied boarding on flight 1 because BA overbooked the flight and decided they would bump OP off it. OP was in the check in queue on time. No online option was available 

OP was denied boarding on flight 2 because despite having confirmation they had been booked on the flight the check in desk told them they had infact only been put on a waiting list and were bumped off again. OP arrived early to check in. No online option was available 

OP then booked a 3rd flight for 2 days later meaning they didn't fly until 6th Jan due to BA failing to either communicate clearly both on the phone and written communication or deciding to bump the OP without notification 

I still can't see the OP has grounds for the refund of the second flight... Which I think is what they're seeking??

silvercar

You may want to visit https://www.flyertalk.com/forum/british-airways-executive-club-446/

Many threads on there for denied boarding on BA flights and what to do.

In short it seems to me that you are entitled to denied boarding compensation for your flight on 1st Jan. on 4th of Jan you were given information that led you to believe you had a confirmed seat for the 4th, but this wasn’t actually ticketed. By the time it got to being processed there were no seats available and so you weren’t given a ticket. This lead to a ticket being booked for the 6th. 

I can’t work out of the £520 is a refund of your first ticket or a compensation for being denied boarding on the 1st. Either way your total compensation should be denied boarding plus any out of pocket expenses - generally accommodation and meals. You should only have had to pay for one flight, so should get a refund of the flight on 4th if that has been charged, plus the flight on the 6th refunded IF the £520 is denied boarding compensation. If the £520 is a refund of that flight on the 1st, then you would expect to pay for the flight on the 6th. Not sure if you are also entitled to something for a delay in arrival of over 4 hours.

sheramber

The OP is claiming  compensationif the ‘ second flight’
 

But 
The lady said there was nothing she could do, but the payment intended to have been made when booking the flight for 4th had not gone through.  A new payment would need to be made - now increased to £911.36 in order to secure a flight on 6th Jan

It is not clear if he is referring to second flight for 4 Jan  - which charge did not go through- or the 6Jan - the third mentioned flight which he took.

Summary

booked flight 1 Jan and paid £550

was denied boarding . Various different reasons given but appears to have been overbooked.

phone booking told definitely booked on flight 4 Jan. Could  not board as has been booked onto waiting list and no seats available. Payment for this flight did not go through

O P claiming compensation for denied boarding but was only on waiting list.

Booked on flight for 6 Jan at cost of £911.36 and flew home on that flight.  Claiming refund of this cost

BA  offered compensation of £520 

eskbanker

Assuming OP is able to demonstrate that they were present early enough to comply with minimum checkin times, etc, then denial of boarding triggers both fixed-rate compensation (£520pp for this) under article 7 and rebooking or refund under article 8:

https://www.legislation.gov.uk/eur/2004/261/article/4

Therefore, when refusing boarding of the first flight, BA's obligation wasn't simply to pay £520 compensation, but also to rebook OP onto another flight at their (BA's) expense, so if OP paid to do that then this higher ticket cost should be recoverable from BA.

Unless I'm misreading the lengthy posts (and, like others, it's entirely plausible that I missed details within all that), OP is indeed due two separate sets of £520 compensation and any money spent on tickets over and above the original purchase.

sheramber

That is what OP wants but BA are saying the compensation is not per flight but per journey. So only one amount due.

They have  ignored flight refund.