You could now be able to get up to £530 compensation if your airline cancels a flight due to a strike
The UK’s aviation regulator says it is unlikely a planned strike by the airline's own staff would be deemed as an 'extraordinary circumstance'
BRITS struck by British Airways’ delays or flight cancellations over the two-week cabin crew strike in July may be able to claim up to £530, consumer site MoneySavingExpert.com has found.
Earlier this month Unite announced that British Airways cabin crew will stage a two-week strike in a long-running dispute over pay and travel concessions.
Members of Unite in the so-called mixed fleet will walk out from Saturday July 1 to Sunday July 16.
But the Civil Aviation Authority (CAA), UK’s aviation regulator, said it is unlikely a planned strike by the airline's own staff would be deemed as an "extraordinary circumstance".
This means that travellers whose flights are disrupted could be eligible to claim compensation under EU flight delay law.
A CAA spokesperson told : "If airline staff strike, and due notice has been given enabling the airline to make alternative arrangements, it is unlikely this strike would constitute an extraordinary circumstance.
“Conversely, wild cat strikes, where no notice is given, would be more likely to fall under the definition of an extraordinary circumstance."
A spokesperson for British Airways told the Sun Online: “We understand the uncertainty that the threatened industrial action is causing, and we would like to reassure our customers that the vast majority of our services will be unaffected.”
BA said all flights to and from Gatwick, London City and Stansted will operate as normal, as will the recently-launched Mediterranean services to and from Birmingham, Bristol and Manchester.
The vast majority of flights to and from Heathrow will also operate as normal, according to BA.
British Airways has not commented on whether it intends to pay compensation on any delays resulting from the strike.
However the company insisted it will meet all of their obligations under EU 261 - an EU law establishing common rules on compensation to passengers in the event of denied boarding, flight cancellations or delays.
Under EU regulation if your flight was delayed by more than three hours or cancelled, and it was the airline's fault, you can claim between £110 and £530 in compensation.
To qualify, your flight must have left an EU airport, or arrived at one while travelling on a European airline.
Compensation: What are your rights?
What the law says you ARE entitled to if the disruption was within airline's control:
- Free food and accomodation - For overnight delays, airlines must provide accommodation and transfers between the airport and the hotel.
- Refunds - Airlines have to offer full refunds, paid within seven days, or re-bookings for a flight cancelled at short notice.Cancellation compensation amounts are £218 for short-haul, £384 for medium-haul and £523 for long-haul.
- Claim - To claim your compensation .
If you’re not able to claim online, you can write to: British Airways Customer Relations, EU Compensation Claims, PO Box 1126, Uxbridge, UB8 9XS
If your claim is rejected – and you think you have a case – you can raise a complaint through the for free. - Is this an "extraordinary circumstance"? - If a flight is cancelled or delayed for a reason which is out of the airline's control - like extreme weather - then the airline does not have to pay compensation to passenger.
MoneySavingExpert.com founder Martin Lewis said there seems to be a “never-ending debate” about what is an airline's fault and what isn't.
He said: "Usually it's accepted that industrial action isn't an airline's fault. But that's generally when it's other staff such as air traffic control - the situation is more complicated when it's the airline's own staff.
"Arguably if they have had a long time and due notice of the strike, then why should it be seen as an extraordinary circumstance? The airline should be able to put plans in place to prevent detriment to customers”
"The problem here is the only people who can actually decide if it is the airline's fault or not are the courts."
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