British Airways strike: regulator holds airline to account over failings

BA has been telling passengers ‘it is likely that you will not be able to travel’ on dates when pilots are walking out, even though alternative flights are available

BA pilots have balloted to strike for three dates in September (British Airways)

The Civil Aviation Authority (CAA) has demanded an explanation from British Airways about its apparent non-compliance with rules around European air passenger rights, 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.

Now the CAA says it is seeking an explanation from BA “to confirm how it complied with its re-routing obligations to consumers”.

Richard Stephenson, director at the CAA, said: “Passengers who have seen their flights cancelled should be offered the choice of reimbursement for cancelled flights or alternate travel arrangements under comparable conditions at the earliest opportunity which includes flights on other airlines.

“We also expect airlines to proactively provide passengers with information about their rights when flights are cancelled.”

For many short-haul passengers, the best option will be replacement flights on easyJet. But some travellers report that they are being refused this option, as there is no commercial agreement with easyJet.

BA continues to promote refunds or rebooking on its own flights on different dates, though these options are poor choices for most passengers.

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.

That policy is unenforceable because of 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 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. Airlines are not permitted 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).

A spokesperson for British Airways said: “We appreciate the frustration and inconvenience that this strike action has caused our customers, and our teams are working tirelessly to help them.

“As soon as we were issued with dates, we contacted airlines across the world to support with rebooking agreements, and since Friday we have been providing customers with the option to travel on other carriers. ​

“Our contact centres are operating 24/7, and we have brought in additional resource, with over 500 colleagues working to support customers during this time. ​

“Our teams are providing customers whose flights have been cancelled with options to seek a full refund or rebook, including to a different date of travel, or flying with an alternative airline​.”