Originally Posted by
Tight Accountant
A typical yes and no answer coming up. If BA offered to restore the passenger to their original position, i.e. rebook or refund, and the passenger refused, I doubt very much that a Court would find in the passenger's favour. If the passenger accepted BA's offer, then no further action. If the passenger went for financial losses incurred due to the strike, I suspect BA would either settle the matter based on its merits or turn around and say 'sod off' if the claim was unreasonable. I suspect BA's Terms & Conditions of carriage have a paragraph which runs along the lines of 'we will endeavour to get to you your destination, but in the event of force majeure (such as a Volanic Ash Cloud, lightening strike compromising our IT servers), tough titty'.
I am NOT a lawyer. My question, were I involved, would relate to "force majeure". BA's IT system breaking down does not on the face of it look like "force majeure" in the way the volcanoes erupting certainly does.
However, BA seems to have forgotten that because their service is rubbish and that's why they're losing out to the LCCs!
and the likes of Emirates (just as one examples). Interesting to plot the decline of BA with the growth of Emirates.