Compensation Clinic: British Airways EC 261/2004 Payment After CEDR Dispute Resolution Steps In

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This week’s Compensation Clinic-case from a reader whose British Airways flight back from Cyprus was delayed by a day. BA had first claimed weather but the claim was successful after using CEDR Dispute Resolution service.

BAMF

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Here’s the email from the reader:

Just wished to advise that I’ve today had a successful outcome regarding a EU compensation claim for a heavily delayed flight with BA from Paphos back in March during the snow. We were returning back to Gatwick from Paphos and found out at check in that the flight would not leave until the next day.

Our flight was over 20 hours delayed in arriving into Gatwick and we were given a hotel and food/transport. The weather was indeed a factor but the main reason was crew going out of hours as they needed rest once flying the plane into Cyprus.

Initially the claim was refused by BA and after I tried to insist, they simply cited bad weather and stated they refused to communicate further and that was the end of the matter. They did however to pay £33 for refreshments as we had a long wait at the hotel for a room as they were not prepared for our arrival.

BA then stated I could contact CEDR to take further as they would not discuss any further. Having not had to do such a thing before I was dubious. However the CEDR site was simple to launch a claim and they required all correspondence between myself and BA (all 2 emails!) Then CEDR would see if I had a claim and would liaise with BA in the event that they deemed I did indeed have a case. The services of CEDR are free if you win a claim or £25 per claim if unsuccessful.

After starting my claim with them in April, I have today been offered a resolution from BA of €400 per person (£699 approx for 2 people as was traveling with a family member) CEDR were professional, helpful and the claims process was simple.

BA CEDR

Please see the email above… BA did refuse the claim for our missed train transport to our final destination but I believe this is standard procedure.

I just wished to advise that it does indeed pay to be persistent in such claims and not necessarily listen to the airline, especially when you are confident that the weather was not just the contributing factor. It is also sad that BA seem to deem it acceptable practice just to refuse a claim at the outset, then when pressured, decide to pay up. I wonder how many people have given up and taken the airlines refusal and not perused further.

Many thanks for continued updates via loyalty lobby.

Conclusion

I am glad that the reader was able to get British Airways to pay the required compensation per EC 261/2004 after getting the CEDR involved in the process.

It really shouldn’t be this difficult but BA knows that majority of people who complain will just drop their case after they sent the denial email.

The reasons that airlines give for these delays such as weather or ATC are sometimes completely made up as well.

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