How to get the best refund for flights cancelled during the BA strikes

Got a question? Our expert, Simon Calder, can help

A jet fuel company and Heathrow Airport were among donors (PA)

Q I am one of the thousands caught up in the British Airways’ pilots’ strikes, and my flight from Naples to Gatwick has been cancelled. I have accepted a BA flight two days later (and have since learnt I should have been offered an easyJet flight on the same day).

Obviously we’ll need accommodation. On Twitter, BA sent me a direct message saying: “We’re unable to arrange the hotels unfortunately.” I was told to pay for it and claim it back.

Interestingly they have not given me any information regarding limits on reimbursement. Are you aware of any limits?

To be honest we would book our normal standard of hotel (not taking the mickey, but a decent hotel for our holiday). They also have not mentioned meals, nor have they responded to my enquiry about claiming lost earnings from the two days.

Jennifer H

A British Airways is obliged under the European air passengers’ rights rules to book hotels for passengers it cancels, as well as organise and pay for transport to and from the airport. However all the evidence I have seen is that, for disruption caused by the pilots’ strike on 9 and 10 September, BA is declining to comply with that requirement. Instead it is telling travellers to book their own hotels, as you found.

For the first four days after the strike was announced, BA told passengers the upper limit was £200 per couple. I pointed out to the airline that this was both unrealistic in some circumstances (eg in New York City) and unsustainable (the airline must pay the cost of a reasonable hotel regardless of the rate).

After my representations, British Airways removed the figure. But that does not mean you can go wild. If your holiday, for example, is spent at the excellent Hotel Eden in Sorrento, and you were staying in a superior double at €350 (£317) a night, I think you would need to trade down to an economy double at €250 (£226) at the very least. To be sure of avoiding any quibble, I would probably opt for the excellent Hotel Mercure in Naples itself, at €158 (£143).

BA must refund the reasonable cost of three meals a day for the extra two days, though this cannot include any alcohol.

This should all be academic, however. I am looking right now at five flights from Naples to London on 9 September with available seats: four on easyJet and one on Ryanair. British Airways says: “We are committed to offering as many customers as possible the option to rebook on other airlines.” But all the evidence I have seen is that they are not doing so for easyJet and Ryanair.

The fact that BA has chosen not to rebook you on them could, I believe, be reasonable grounds for you claiming lost earnings.

Hurricane Dorian is coming to Florida – am I in danger? (National Hurricane Center)

Q My sister and her partner are currently in Florida on a first-time visit. They are extremely worried about Hurricane Dorian. What would be your advice for them?

Kelly P

A Hurricane Dorian is bearing down on the Bahamas and the US. The severe storm is expected to hit Florida early on Monday morning – Labour Day, and one of the busiest weekends of the year. It is expected to strengthen to a Category 3 hurricane, meaning sustained winds of between 110 and 129mph. It will also bring rainfall of up to 12 inches in some areas. The Florida governor, Ron DeSantis, has declared a state of emergency.

Your sister and her partner are among tens of thousands of British travellers in the state. The action they should take depends where they are. Certainly if they are on the Atlantic coast, for example Miami, Fort Lauderdale or Palm Beach, they should keep away from the ocean shore. The National Hurricane Centre warns that the swells accompanying the hurricane “are likely to cause life-threatening surf and rip-current conditions”.

They should, of course, follow “the instructions issued by the local authorities, including any evacuation orders” as the Foreign Office says. Elsewhere in the state, though, the appropriate response will depend on the local weather. Anywhere on the Panhandle (the strip of territory stretching along the north coast of the Gulf of Mexico) should be largely unaffected.

The Florida Keys, too, are unlikely to experience more than some squally weather – a welcome change from previous hurricanes which have threatened these low-lying islands. The main location for British visitors, though, is Orlando in central Florida. It is about 60 miles inland from the Atlantic coast, and may well experience some severe weather.

While Virgin Atlantic is offering passengers booked to fly to Orlando in the next few days some flexibility to change plans, that will not apply to your sister and her partner since they are already there. Over the course of Friday and Saturday, as the predicted course and effect of Dorian is refined, airlines are likely to offer more options – including the chance to fly home early if seats are available.

I am expecting some flight disruption at the main Florida airports on Monday, which may be relevant if they are due to fly back that day. The airline should contact them in good time if their flight is affected.

Is it the end for liquids in sealed plastic bags? (iStock)

Q Is it correct that the new Heathrow scanners will do away with the need for small-size toiletries and the regulation plastic bags? If so, is there a list of airports that don’t have the newer scanners, ie that cannot let you fly back with liquids over 100ml in your hand luggage?

Name supplied

A Ask any airline passenger for the worst part of the journey, and they’ll probably say the airport security search. The rules about what is allowed in cabin baggage have evolved in reaction to perceived and actual threats: no weapons, whether firearms, knives or explosives, obviously. But there are also strict rules about liquids, aerosols and gels; because of the so-called liquid bomb plot in 2006, quantities above 100ml are banned.

Laptops are suspect because of fears explosives could be concealed in them. That is why, at UK airports, you are required to place your liquids and your laptop in a separate tray so they can be examined more closely. But in June 2019 Heathrow airport announced a £50m investment in high-tech kit that uses the same technology as medical scanners – computed tomography (CT) – to assess whether any substance presents a threat.

The airport said: “When fully deployed, the equipment could end the need for passengers to remove their liquids and laptops from cabin baggage when passing through security.” And this week the Department for Transport (DfT) said all major UK airports must have the technology. But not until 1 December 2022.

The definition of “major” airport is one handling one million or more passengers a year, of which there are currently 22. Besides the big four, Heathrow, Gatwick, Manchester and Stansted, the top 10 also includes Luton, Edinburgh, Birmingham, Glasgow, Bristol and Belfast International. Further down the list are Newcastle, Liverpool, Leeds Bradford and Aberdeen. The smallest is Doncaster-Sheffield.

Frankly I would be surprised if all 22 have the necessary kit and training in place within three years. Even if they do, the vast majority of airports abroad will not. So you could fly out from London City airport to Italy, with a light touch approach, but then be penalised by confiscation as you come back in. So my advice is: comply with the existing rules until more relaxed regulations become universal. And don’t hold your breath.

Does the airline have to refund our hotel stay? (Getty)

Q Can you tell me if I have any rights regarding a flight delay? Five of us were going to Thailand, flying from Heathrow on Eva Air. On the way to the airport our travel agent rang to say our flight had been delayed by 24 hours and did we want to turn back? As we were only 20 minutes from the airport and it had taken five hours to get there, we said “No”.

She then offered to book us in at a hotel, at our expense. The next day when we arrived at the airport we found out that everyone else who was on the flight had been given food and drink vouchers and put up in a hotel for free. I wrote to the airline but they wouldn’t refund us even though if we’d gone straight to the airport, we would have been given it.

A claim company took my case on and contacted the Civil Aviation Authority, but nothing has come of it.

Susan W

A I suggest you invite your travel agent to pay for the hotel and meals during your enforced wait. While she did the right thing to let you know about the long delay, she should then have advised you to continue to the airport and wait for Eva Air to provide the hotel and meals as the European air passengers’ rights rules specify. This stipulation has been on the statute books for 15 years so she should have known about it.

By booking a hotel independently, and not giving the airline a chance to fulfil its obligations, you forfeited your right to care under the regulations.

While I agree that there is a moral case for the airline refunding you, there is no legal obligation to do so.

Were you each to receive €600 (£540) in cash for the long delay, I imagine that would make you feel better about the hotel expense. It should be a straightforward matter to claim this from the airline, unless Eva Air can prove that “extraordinary circumstances” such as severe weather or a security incident were responsible.

I fear the waters have been muddied somewhat because you have already approached a claims firm. There are several of these organisations, which extract about one-third from the compensation, but in return for that they have to do some work. They owe you an explanation of what they are doing: I am puzzled that you say they have contacted the Civil Aviation Authority, because normally the transaction involves a straightforward discussion between the airline and the passenger’s representative, followed if necessary by a legal claim.

You can try to pick it up and make your own claim – possibly with the help of your travel agent. But I fear it may simply be the case that you have learned lessons for the future.

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