The Independent

What went wrong for BA – and what rights do affected passengers have?

- SIMON CALDER TRAVEL CORRESPOND­ENT

British Airways is still trying to find out exactly why the IT system on which its entire network depends failed. While some parts of the airline’s operation can be handled manually, so much depends on computers communicat­ing with each other and the outside world that flying was brought to a halt and is only slowly resuming.

One reason for the vulnerabil­ity is that BA, in common with many big organisati­ons, has a corporate IT system with cutting-edge technology alongside “legacy” elements and processes that are almost prehistori­c in computing terms.

Could British Airways have done more to keep passengers informed?

BA has been heavily criticised for failing to provide informatio­n to passengers as the operation shut down. The airline usually has an efficient system for disseminat­ing informatio­n to disrupted passengers, through SMS messages, but this was one of the many services affected by the failure. It is offering only limited advice to passengers.

What are the rights of passengers whose flights were cancelled because of the failure?

The most basic entitlemen­t, which applies regardless of the cause of the disruption, is the airline’s obligation to provide care for passengers affected by cancellati­ons. They are entitled to meals and accommodat­ion as appropriat­e until they can reach their final destinatio­n. British Airways is supposed to provide this care, but in practice during severe disruption many passengers fend for themselves and then claim back later. BA has said it will pay up to £200 for a hotel room (with couples expected to share), £50 for transport between the airport and the hotel, and £25 per day for meals and refreshmen­ts.

The airline is also obliged to find the fastest way to get passengers to their destinatio­n, using other airlines if appropriat­e. There are empty seats on many planes leaving Heathrow and Gatwick: the problem for BA is processing the switch to another carrier.

Again, it is likely that some passengers will make their own arrangemen­ts, and seek to claim back the costs from BA.

What about actual compensati­on?

Under EU passengers’ rights rules, passengers whose flights are cancelled are entitled to cash compensati­on depending on the length of the trip: under 1,500km, €250 (£218); 1,500-3,500km, €400; above 3,500km, €600. The only defence an airline can bring is that the cause was “extraordin­ary circumstan­ces which could not be avoided”. While this weekend’s events are certainly extraordin­ary, the legal requiremen­t is for British Airways to show that it took every reasonable care to avoid the issue, and that it is not inherent in the running of an airline. Lawyers and claims firms will be eager to pin blame on BA, because the potential compensati­on bill runs into tens of millions of pounds.

If BA pays out, affected passengers will be able to claim direct from the airline; they do not need an intermedia­ry, who will take about 30 per cent of the value of a settlement.

Because of the sheer number of passengers affected, payments are likely to take months rather than weeks.

What if the financial costs to the passenger exceed the stipulated EU amount?

Receiving the European compensati­on payments does not rule out more substantia­l claims. For example, due to the shutdown some families will have had to abandon planned Mediterran­ean holidays, losing the pre-paid cost of accommodat­ion running into thousands of pounds. They may claim from the airline under the Montreal Convention, which gives passengers certain rights to recover financial losses directly caused by an airline’s failure to get them to their destinatio­n on time.

How bad is this for BA and its passengers?

While strikes, weather and previous IT failures have had some effects, nothing as extreme as this has happened since the Icelandic volcano shut down all flying in northern Europe in 2010. The difference then was that all airlines were affected. This weekend only British Airways has shut down. (Oddly, that actually makes operations for other airlines at Heathrow and Gatwick run more smoothly, as there is less

congestion.) The timing, at the start of half-term for many schools, was especially unfortunat­e, with some families having invested thousands of pounds in holidays which they have now missed.

However, BA has the majority of slots at Heathrow, the world’s most desirable internatio­nal airport. It therefore has a huge structural advantage over other airlines, and is likely to continue to prosper despite this failure.

 ?? (Getty) ?? BA has been heavily criticised for failing to provide informatio­n to passengers as the operation shut down
(Getty) BA has been heavily criticised for failing to provide informatio­n to passengers as the operation shut down

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