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British Airways rejected your claim: what to do next

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Quick answer

A rejection from British Airways is a position, not a decision. The burden of proving an extraordinary circumstance is on British Airways, so ask for the specific cause of your flight's disruption; if the answer is vague or wrong in law, escalate to CEDR and, if needed, the courts of the departure country within its limitation period.

Operating carrier

British Airways BA / BAW · United Kingdom

UK-licensed carrier — UK261 applies to its flights departing from the UK and to its flights into the UK. EU261 applies to its flights departing from the EU.

Applicable regimes: BA CityFlyer

Where to send your claim

Postal address
British Airways Customer Relations, EU Compensation Claims, PO Box 1126, Uxbridge, UB8 9XS, United Kingdom
Dispute-resolution scheme
CEDR

Escalation

After British Airways's final answer, or 8 weeks without one, escalate to CEDR. A small claim in the departure country remains available within its limitation period.

Base pages: London (LHR), London (LGW)

Can British Airways passengers claim compensation?

Yes. British Airways holds a UK licence, so Regulation 261 covers its flights departing from the EU/EEA, the UK or Switzerland and its flights into them: £220–£520 per passenger for an arrival delay of 3 hours or more, a cancellation announced under 14 days ahead, or denied boarding — unless the airline proves an extraordinary circumstance.

Does this apply to your flight?

British Airways flight affected?

A few short questions — no flight number needed yet. You get a preliminary result on the facts you give; the full check confirms it from the itinerary.

Already known from this page

  • British Airways

What happened to your flight?

How British Airways refuses, and what each refusal is worth

BA’s refusals arrive by e-mail from Customer Relations, usually within four to six weeks, and — unlike many airlines — they normally name a cause. That is useful: a named cause can be tested. The three you will see most:

  • “Air traffic control restrictions” or “adverse weather at Heathrow.” Both can be extraordinary, but only for a flight they actually affected. Ask BA for the restriction reference or the weather report and the time window, and whether other BA departures on the same route operated. A regulation that ended two hours before your slot does not explain your delay; neither does weather at the destination the day before.
  • “The delay was caused by the late arrival of the inbound aircraft.” A rotation problem is BA’s scheduling. It is only extraordinary if the original cause of the inbound delay was, and BA then has to show it could not have swapped aircraft or crew — at Heathrow, where BA bases most of its fleet, that is a high bar.
  • “Operational reasons” or “circumstances beyond our control” with no detail. Not a legal category. Reply that the burden of proof is on the carrier and ask for the specific cause; BA usually supplies one at that point.

BA also refuses on scope grounds when the flight was operated by a partner (American Airlines, Iberia, Qatar) under a BA flight number; that refusal is correct, and the claim goes to the operating airline under the rules that apply to its flight.

Escalating a British Airways refusal

BA is a member of CEDR, the approved ADR scheme, and has agreed to be bound by its decisions. CEDR accepts a case after BA’s final response, or after eight weeks without a substantive reply, and decides on the documents within about 90 days; it is free for passengers (CEDR’s scheme rules, March 2026: only a claims-management company that loses pays a £25 fee). Submit the booking, the boarding passes, BA’s refusal and your reply asking for the cause; CEDR asks BA for its evidence, which is where vague refusals collapse.

For BA departures from an EU airport, the enforcement body of the departure country — AESA in Spain, the DGAC in France, the LBA in Germany — is the alternative route, and CEDR can still be used because BA is a member.

Court

A county-court small claim (up to £10,000 in England and Wales) can be issued within six years of the flight; BA routinely settles once a claim is issued with the correct legal basis. State the arrival delay, the distance band, the article of the retained Regulation and the case law on the cause BA named. The rejection guide covers the four standard refusals and what beats each.

Read the rejection against the law

British Airways can lawfully refuse the £220, £350 or £520 compensation in only a few situations: the arrival delay was under 3 hours; the cancellation was announced 14 days or more ahead; a replacement flight met the legal time windows; the flight was outside the scope of UK261; or an extraordinary circumstance caused the disruption and reasonable measures could not have avoided it. Anything else — “operational reasons”, “we are not responsible”, a reference to British Airways’s own conditions — is not a defence.

Ask for the cause, in writing

Under Article 5(3) the burden of proof lies with British Airways. Reply to the rejection asking: what exactly caused this flight’s disruption; at what time and airport any restriction applied; whether other British Airways flights operated; and, for a knock-on delay, what caused the first delay in the rotation. An answer that cannot name a specific cause is an answer that fails the burden of proof.

Escalate to CEDR

After British Airways’s final answer, or 8 weeks without one, escalate to CEDR. An approved ADR scheme issues decisions that bind the airline; a national enforcement body investigates and can fine the airline, though it does not always award your money. Either is free to you and needs only the claim, the rejection and your reply.

The court route and the deadline

A small claim in the country of departure (or of British Airways’s seat) is the final step and often the one that produces payment. The limitation period depends on that country — from one to six years — so a rejection should never be left to run the clock. Horvera’s country pages list the period for each departure country.

What to send when you go back to British Airways

  • the booking reference, flight number and date;
  • the scheduled and actual arrival times, or the cancellation notice with its timestamp;
  • the distance band and the amount claimed per passenger (£220, £350 or £520);
  • the case law on the cause British Airways named (technical: Wallentin-Hermann, van der Lans; own strike: Krüsemann, Airhelp v SAS; crew: TAP C-156/22);
  • a deadline of 14 days before escalation.

The reasons airlines give, and what each one is worth

Airline says "extraordinary circumstances"

The airline is invoking Article 5(3): it says the cause was outside its control and unavoidable. That is a defence it has to prove for your flight, not a label it can apply to the day.

What to ask the airline, in writing
  • Which specific circumstance affected flight [number] on [date], at what time and at which airport?
  • Where is it recorded — a NOTAM, an ATC slot message, a METAR, a strike notice?
  • What measures did the airline take to avoid the delay, and why could you not be re-routed sooner?
  • Did other flights operate from the same airport in the same period?
When this reason holds
It holds when the airline names the event, shows it applied to your flight rather than the schedule in general, and shows that spare aircraft, standby crew or re-routing could not have avoided the delay. A refusal that names nothing has proven nothing.
Next step
Reply once asking the four questions with a 14-day deadline; if the answer stays generic, refer the case to the ADR scheme or the enforcement body — they apply exactly these tests.

Airline rejected compensation after a technical issue

Technical problems are inherent in operating aircraft and are not extraordinary — including unexpected component failures discovered on the day (Wallentin-Hermann, van der Lans). The only exceptions are a hidden manufacturing defect affecting the fleet, or sabotage or terrorism, which the airline must prove.

What to ask the airline, in writing
  • What exactly failed, and does the airline say it was a hidden manufacturing defect notified by the manufacturer or the regulator?
  • What did the airline do to avoid the delay — spare aircraft, another carrier, retiming?
When this reason holds
It almost never holds. A technical fault is the airline's risk; a refusal on this ground is the clearest case for a written reply and, if maintained, an ADR referral or a small claim.
Next step
Reply citing van der Lans (C-257/14) with a 14-day deadline; refer the case to the ADR scheme or the enforcement body if the airline maintains the refusal.

Airline says the delay was under three hours

A dispute about the arrival time. The moment that counts is when at least one aircraft door opened at your final destination (Germanwings v Henning), compared with the scheduled arrival on the booking — not touchdown, not the departure delay, not the time on the screen.

What to ask the airline, in writing
  • What time does the airline say the doors opened at [final destination], and what is that based on?
  • What was the scheduled arrival time on the booking as originally issued?
  • For a connection on one booking: was the delay measured at the final destination rather than at the hub?
When this reason holds
It holds when the doors genuinely opened less than three hours after the scheduled arrival: a 2 h 55 arrival delay carries no fixed compensation, although care and expenses may still be due. It does not hold when the airline measured touchdown, the departure, or the wrong leg.
Next step
Compare the airline's figure with your own evidence — a photo of the arrivals board, a timestamped message, flight-tracking history. If your figure is three hours or more, reply with it and escalate; if it is under three hours, claim the care and expenses you paid for instead.

Airline says it was not responsible

Usually one of three things: "we did not operate the flight" (a partner or wet-lease airline did), "the delay came from an earlier flight" (a knock-on), or "the airport / handler / ATC caused it". Only the operating carrier owes compensation — but the operating carrier cannot pass a knock-on delay or its own contractor's failure to someone else.

What to ask the airline, in writing
  • Which airline operated the aircraft, as shown on the boarding pass?
  • For a knock-on delay: what caused the first delay in the rotation, and was that cause extraordinary?
  • For a contractor (ground handler, de-icing company): was it working for the airline?
When this reason holds
It holds when another airline genuinely operated the flight — claim from that airline instead. It does not hold for a late inbound aircraft whose original delay was operational, or for a handler the airline itself engaged.
Next step
Confirm the operating carrier from the boarding pass; re-address the claim if it was the wrong airline, otherwise reply asking for the root cause of the first delay and escalate.

Airline has not answered your claim

Silence is common and it is not a refusal. It does not stop the limitation period running, and most ADR schemes accept a case after eight weeks without a substantive reply; the enforcement body accepts a complaint at any time.

What to ask the airline, in writing
  • Did the claim reach the airline — is there an acknowledgement or a case reference?
  • Has the airline's own published response time passed?
When this reason holds
Silence never defeats a claim; only the limitation period of the departure country does. Check that period before waiting on the airline.
Next step
After four weeks send a dated reminder with a 14-day deadline; after eight weeks refer the claim to the ADR scheme or the enforcement body of the departure country.

Prepare the claim letter

Enter your flight and what happened; get the regulation, the amount, the evidence list and an editable letter — free.

Prepare my claim

Frequently asked questions

British Airways says the cause was extraordinary — do I have to accept that?

No. British Airways has to prove it for your flight. Ask for the specific cause and the measures it took; if the answer is generic, escalate to CEDR.

How long can I wait after British Airways's rejection?

Escalate as soon as you have the final answer. The court deadline is the limitation period of the departure country — between one and six years — and it keeps running while you wait.

British Airways blamed Heathrow ATC — can I still claim?

Yes, if BA cannot prove the restriction applied to your flight and that it had no way to avoid the delay. Ask for the regulation reference and the time window; if other BA flights on the route left on time, say so. A vague "ATC restrictions" line does not discharge the burden of proof.

How long does CEDR take with a British Airways case?

CEDR aims to decide within 90 days of receiving the complete file. It accepts the case after BA's final answer or eight weeks of silence, and its decision binds BA.

BA offered Avios or an eVoucher — should I accept?

Only if you prefer it. The statutory amount is money (Article 7(3)); accepting Avios in "full and final settlement" ends the claim. Ask for the bank transfer instead.

Sources

  1. Court of Justice of the European UnionCase C-28/20 Airhelp v Scandinavian Airlines — a strike organised by the airline's own staff is not an extraordinary circumstance
  2. Court of Justice of the European UnionCase C-11/11 Air France v Folkerts — compensation for connecting flights depends on the delay at the final destination
  3. Court of Justice of the European UnionJoined Cases C-195/17 etc. Krüsemann v TUIfly — a "wildcat strike" by airline staff is not an extraordinary circumstance
  4. Court of Justice of the European UnionJoined Cases C-402/07 and C-432/07 Sturgeon v Condor and Böck v Air France — passengers of flights delayed by three hours or more may claim compensation
  5. Court of Justice of the European UnionCase C-549/07 Wallentin-Hermann v Alitalia — technical problems are not, as such, extraordinary circumstances
  6. European CommissionInterpretative Guidelines on Regulation (EC) No 261/2004 (2016/C 214/04)
  7. European Parliament and CouncilRegulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
  8. UK Civil Aviation AuthorityAlternative dispute resolution (ADR) for aviation complaints
  9. UK Civil Aviation AuthorityDelays and cancellations — your rights
  10. UK Government — legislation.gov.ukLimitation Act 1980, section 5 — six years for actions founded on simple contract (England and Wales)
  11. UK Government — legislation.gov.ukRegulation (EC) No 261/2004 as retained in UK law (assimilated law)
  12. UK Government — legislation.gov.ukThe Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019/278)

Last legally reviewed: 17 September 2026 · Content updated: 17 September 2026

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