British Airways strike: regulator holds airline to account over failings
The Civil Aviation Authority (CAA) has demanded an explanation from British Airways about its apparent non-compliance with European air passengers’ rights rules ahead of a pilots’ strike.
BA’s flight crew are walking out on 9 and 10 September in a pay dispute. Another stoppage by members of the British Airline Pilots’ Association (Balpa) is planned for 27 September.
Since the strikes were announced last Friday, British Airways has been advising passengers with reservations for 9 and 10 September: “If you have a flight booked with us on those dates, it is likely that you will not be able to travel due to Balpa’s strike action.”
In fact, the opposite is true: it is likely that most passengers will be able to travel.
While British Airways itself is expected to operate only a fraction of its planned schedule, most other passengers can be accommodated on the original dates of travel on other airlines – as the law requires.
Airlines such as easyJet and Virgin Atlantic are set to make millions from the obligation for BA to buy seats on their services.
The Independent has reminded British Airways that it is failing to provide correct information by the airline about their options.
Now the CAA says it is seeking an explanation from BA ”to confirm how it complied with its re-routing obligations to consumers”.
A spokeperson for the CAA said: “Passengers who have seen their flights cancelled should be offered the choice of reimbursement for cancelled flights, alternate travel arrangements under comparable conditions at the earliest opportunity which includes flights on other airlines.
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“We also expect airlines to proactively provide passengers with information about their rights when flights are cancelled.”
There is evidence that BA call centre staff are refusing to buy seats on easyJet, even though for most short-haul passengers the budget airline is the obvious solution.
Travellers report that they are being told that there is no commercial agreement with easyJet. But even if it involves using a company credit card, suitable flights must be sourced for cancelled passengers.
BA continues to promote refunds or rebooking on its own flights on different dates, though these options are poor choices for most passengers.
But when a passenger follows the links that are offered, they are told: “We will rebook you onto another British Airways flight at no extra charge.”
For passengers who accept the rebooking option, and need accommodation as a result, British Airways is obliged to find and pay for a hotel. But passengers have been told to find their own accommodation and warned that the airline will cap the cost.
Again, policy goes against the regulations on cancelled flights.
Joanne Cooper tweeted: “BA just said if I accept their return flight on 17 Sept to replace the one they cancelled on 10 Sept, I have to pay for my for the extra week in Kefalonia and put in claim on return. The policy is £200 per day per couple but ‘this could change any day’!”
The airline, not the passenger, is obliged to book and pay for the accommodation. BA is also unable to stipulate a maximum rate for travellers who find their own hotels. While passengers are expected to choose the cheapest reasonable hotel, in some locations rates are well above £200 per night. At the Holiday Inn Financial District in New York City on 9 September, for example, the cheapest deal (including the “members’ discount”) is $291 (£238).
The Independent is seeking a response from British Airways on all these issues.
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