THE SHORT ANSWER
What can I do if British Airways refused my compensation claim?
Reply, and be ready to escalate. A first refusal is often a standard letter that names a reason without evidence. Some reasons are valid in law and many aren’t, so the first job is to check which one you got.
If the reason doesn’t hold, say so in one reply and ask BA to pay. If BA refuses again, you don’t need a lawyer. British Airways is a member of CEDR, the independent scheme that rules on airline complaints in the UK, and its decision binds the airline.
THE REASON THEY GAVE
Is British Airways’ reason for refusing valid?
The reasons that come up most, and how each one stands.
“Air traffic control restrictions”: sometimes valid
A real ATC restriction can count as an extraordinary circumstance. BA has to show it applied to your flight, on that day, and caused the delay. Ask for the specific restriction. A general note about a busy day in European airspace isn’t evidence.
“Bad weather”: sometimes valid
Only if the weather caused your flight’s disruption. Ask which airport and which hour. If the weather was at a different airport earlier in the day, BA has to show the link to your flight.
“A technical problem”: usually not valid
Faults found before or during a flight are part of running an airline, and the EU’s top court has said so (Wallentin-Hermann, C-549/07; van der Lans, C-257/14). The exceptions are narrow, such as a bird strike or a hidden manufacturing defect.
“Crew shortage” or “operational reasons”: not valid
Staffing and scheduling are BA’s to manage. They aren’t extraordinary circumstances, and a strike by BA’s own staff isn’t either (C-28/20). A strike by air traffic controllers or airport staff can be.
“The delay was under three hours”: check the clock
The delay counts at arrival, when the doors open (Germanwings, C-452/13), not when the wheels touch down. A 2h 50m delay on BA’s record plus a 15-minute wait for a stand is a claim.
“We’ve already refunded you” or “we sent Avios”: not a settlement
A ticket refund doesn’t replace compensation. Avios or an eVoucher only counts if you agreed to it in writing (Article 7(3)). Otherwise the cash is still owed.
YOUR REPLY
How do I challenge a British Airways refusal?
One reply, in the same claim thread, so the reference number carries over.
Quote their reason, then answer it
One line each. If BA said ATC, ask for the restriction that applied to your flight. If it said a technical fault, say that isn’t an extraordinary circumstance and cite Wallentin-Hermann.
Restate what you’re owed, per person
Under UK261: £220 up to 1,500 km, £350 up to 3,500 km, £520 beyond that. Under EC261, from an EU airport: €250, €400 or €600. Name everyone on the booking.
Say where it goes next
Write that if BA doesn’t pay within 14 days, you’ll refer the claim to CEDR. It’s a fact, not a threat, and replies often change once it’s on the page.
Keep the paper trail
Save BA’s refusal, your reply, your boarding passes and the arrival time you can prove. CEDR decides on documents, so that file is your case.
WORTH KNOWING
CEDR costs you nothing and binds BA
Once BA refuses in writing, or 8 weeks pass without a settlement, you can apply to CEDR online. It’s free for you, and if CEDR finds in your favour, BA has to pay. You don’t need a solicitor for it.
THE LAST STEP
Can I take British Airways to court?
Yes, as a last step. In England and Wales you have six years from the flight to bring the claim, so a BA refusal from two years ago is usually still live. Most claims that reach a strong reply or CEDR never get that far.
Rather have it handled for you? We file it and chase the airline for a flat $39 per claim, charged only if the airline pays — never a percentage.
Handle my claim →COMMON QUESTIONS
Questions people ask
BA refused because of “extraordinary circumstances”. Is that final?
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No. BA has to prove the circumstance applied to your flight and that it took all reasonable measures to avoid the delay. Ask for the evidence, and go to CEDR if it doesn’t arrive.
BA offered me Avios instead. Do I have to accept?
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No. Cash is the default under Article 7(3). Points or vouchers only count if you agree to them in writing.
My BA flight left from New York. Can I still claim?
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Yes. BA is a UK airline landing in the UK, so UK261 applies. Over 3,500 km, that’s £520 per person for an arrival 4 or more hours late.
How long do I have after a refusal?
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Six years from the flight in England and Wales. The refusal doesn’t start a new clock or shorten the old one.
Is CEDR really free?
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Yes, for you. BA pays for the scheme as a member, and the decision binds BA.
General information, not legal advice. Compensation depends on the facts of each disruption and the airline’s evidence. MyAirAdvocate files claims for a flat $39, charged only if the airline pays, and never takes a percentage of what you are owed.