Dear Sirs
Thank you for your email of 07 May 2021, with a deadline of 4 weeks in which to respond. Please
accept our apologies for the delay in responding to you.
The booking:
I can confirm André Eklöf (the Passenger) was booked to travel as follows:
BA819 Copenhagen (CPH) – London Heathrow (LHR) 14MAR 1800 1905 (the Flight)
The facts:
The Flight was cancelled as a result of the global pandemic caused by Coronavirus (COVID-19) and
restrictions in place in both the UK and Denmark to control the spread of COVID-19.
COVID-19 Outbreak
On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of COVID19 as a
Public Health Emergency of International Concern based on the advice of the Emergency
Committee under the International Health Regulations. Please refer to the attached WHO
timeline [Attachment 1]. On 11 March 2020, the COVID-19 outbreak was characterised as a global
pandemic.
The COVID-19 outbreak is an unprecedented pandemic which is in its nature extraordinary to the
course of normal events. It is therefore necessary to consider the cancellation of the Flight in the
full context of the operating environment at the relevant time.
To say these are difficult or “extraordinary” times for the aviation industry is an understatement.
To give context, every single one of the approximately 220 destinations that British Airways
operates to have been impacted by COVID-19 throughout this period, through immigration
restrictions, operating permit changes, country closures, health declarations, or changes in crew
entry/staying in country requirements. All these restrictions have changed many times over, often
at very short notice.
Many of these restrictions have been implemented with less than 48 hours’ notice, without
consultation and without alignment between nations, regions or trade blocks. In addition, the
arrival process into the UK has also been amended on several occasions including entry
restrictions for citizens from certain countries and health declarations. The FCO advice has been
updated throughout this crisis to advise against all but essential travel, initially to Wuhan and
Hubei province before gradually expanding to cover the entire World. This has never before been
issued on this scale in peace time. Please see the following statement for your information:
https://www.gov.uk/government/news/travel-advice-foreign-secreatary-statement-17-march2020 [Attachment 2]
Impact on Airlines
The effect of COVID -19 on airlines has been particularly devastating. International Air Transport
Association (IATA) data at the end of February, showed an estimated potential loss of nearly
US$30 billion for airlines. I exhibit an article which discusses the IATA predictions of February
[Attachment 3].
Shortly after this time, analysis from IATA in early March indicated that the COVID-19 outbreak
could cost the global airline industry up to $113 billion. I exhibit an article from just 14 days after
the February predictions which discusses the March data, further showing the rapidly changing
effects of COVID-19 on the industry [Attachment 4].
Willie Walsh, the CEO of British Airways’ parent company IAG, wrote to the Prime Minister in May
outlining the impact that COVID-19 had made on the aviation industry. Mr Walsh explains that for
British Airways, flights had been reduced by nearly 94% in April with no revenue income.
IATA has announced that it has downgraded its traffic forecast for 2020 to reflect a weaker than
expected recovery, as evidenced by a dismal end to the summer travel season in the Northern
Hemisphere.
IATA now expects full-year 2020 traffic to be down by 66 per cent when compared to 2019 levels.
The previous estimate was a 63 per cent decline.
August 2020 passenger demand continued to be hugely depressed against normal levels, with
revenue passenger kilometers (RPKs) down by 75.3 per cent when compared to August 2019. This
was only slightly improved compared to the 79.5 per cent annual contraction in July 2020.
Domestic markets continued to outperform international markets in terms of recovery, although
most remained substantially down on a year ago. August capacity (available seat kilometers or
ASKs) was down by 63.8 per cent compared to a year ago, and load factor plunged 27.2 points to
an all-time low for August of 58.5 per cent.
https://www.internationalairportreview.com/news/138195/iata-downgrades-2020-trafficforecast/ [Attachment 5]
IATA have reported that:
International passenger demand in 2020 was 75.6% below 2019 levels. Domestic demand in 2020
was down 48.8% compared to 2019. December 2020 total traffic was 69.7% below the same
month in 2019, little improved from the 70.4% contraction in November. Capacity was down
56.7% and load factor fell 24.6 percentage points to 57.5%. Bookings for future travel made in
January 2021 were down 70% compared to a year-ago, putting further pressure on airline cash
positions and potentially impacting the timing of the expected recovery.
“Last year was a catastrophe. There is no other way to describe it. What recovery there was over
the Northern hemisphere summer season stalled in autumn and the situation turned dramatically
worse over the year-end holiday season, as more severe travel restrictions were imposed in the
face of new outbreaks and new strains of COVID-19.” said Alexandre de Juniac, IATA’s Director
General and CEO.
Travel restrictions
In the attached Prime Minister’s Statement of 31 October, the Prime Minister Boris Johnson made
a press announcement stating:
‘From Thursday until the start of December, you must stay at home.
You may only leave home for specific reasons, including:
For education; For work, say if you cannot work from home; For exercise and recreation outdoors,
with your household or on your own with one person from another household; For medical
reasons, appointments and to escape injury or harm; To shop for food and essentials; And to
provide care for vulnerable people, or as a volunteer.
www.gov.uk/government/news/prime-minister-announces-new-national-restrictions
[Attachment 6]
A BBC New report dated 08 November 2020 reported, ‘On 07 November 2020 the UK imposed a
ban on non-UK citizens coming from Denmark amid concerns over a new coronavirus strain that
has spread from mink to humans.
UK citizens can return from Denmark, but will have to isolate along with all members of their
household for 14 days. Cabin crew are also no longer exempt from the rules, which Ryanair
described as a "bizarre and baseless" move.
The transport secretary announced the changes less than two hours before they took effect on
Saturday.
Writing on Twitter, Grant Shapps said: "This decision to act quickly follows on from health
authorities in Denmark reporting widespread outbreaks of coronavirus in mink farms. Keeping the
UK public safe remains our top priority."
https://www.bbc.co.uk/news/uk-54851042 [Attachment 7]
On 21 December 2020 the Danish Government banned all passenger flights from UK from 09:00
GMT on 21 December until 09:00 GMT on 23 December 2020. However, the ban on residents in
the UK not being permitted to enter Denmark was extended until 03 January 2021. I refer you to
the attached report from The Local, which can also be viewed using the following link:
https://www.thelocal.dk/20201221/denmark-bans-flights-from-uk-over-new-covid-19-
strain/[Attachment 8]
The Danish Governments entry ban on UK residents was extended several times until the outright
entry ban was lifted on 24 February 2021. The lifting of the ban was reported in The Local and can
be viewed at the following link:
https://www.thelocal.dk/20210224/denmark-lifts-uk-entry-ban-but-extends-all-other-covid-19-
travel-restrictions-until-april/[Attachment 9]
Whilst the ban was lifted, the Danish Government introduced tight restrictions for UK residents.
UK residents would only be permitted entry if they have a worthy purpose until initially 28
February 2021. UK.GOV Entry requirements for Denmark states “The new variant of COVID-19 in
the UK has led the Danish Government to introduce tighter restrictions for UK residents entering
Denmark.”
The attached Gov.uk travel advice Denmark page [Attachment 10], updated on 01 March 2021
and was valid at the time the Passenger was due to travel, states:
‘Under current UK COVID-19 restrictions, you must stay at home. You must not travel, including
abroad, unless you have a legally permitted reason to do so. It is illegal to travel abroad for
holidays and other leisure purposes.
The FCDO advises against all but essential travel to:
Denmark based on the current assessment of COVID-19 risks. The FCDO is not advising against
travel to the Faroe Islands and Greenland.
From 1 March you can enter Denmark with a worthy purpose if you are resident in the UK.’
Cancellation
The Flight had a Planned Time of Departure from CPH of 17:00 GMT on 14 March 2021 and a
Planned Time of Arrival at LHR of 19:05 GMT. However, the Flight was cancelled on 04 March due
to ongoing entry restrictions for UK nationals and the subsequent drop in passenger demand
[Attachment 11].
The attached Flights Operated and Cancelled report from 28 February-14 March 20 [Attachment
12] shows BA operated 96 flights from CPH to LHR and had the capacity to carry 15,353
passengers. Whilst, this was at the start of the COVID-19 pandemic BA still carried 8,375
passengers.
In contrast, the attached Flights Operated and Cancelled report from 28 February-14 March 2021
[Attachment 13], shows BA only operated two flights over this period. BA had the capacity to
carry 408 passengers, but only carried 261 passengers representing a load factor of only 64%. This
clearly demonstrates the effect the pandemic and the entry restrictions and travel restrictions in
both countries had on passenger demand.
Article 7
For reasons explained further below, the Passenger is not entitled to the compensation set out in
Article 7 (1)(a).
Article 5(3) of the Regulation states airlines are not obliged to pay compensation in accordance
with Article 7, if the cancellation was caused by extraordinary circumstances which could not have
been avoided even if all reasonable measures had been taken.
In Pešková & Peška v. Travel Services A.S. (Case C-315/15), the Court of Justice of the European
Union (“CJEU”) clarified that extraordinary circumstances under Regulation 261 refer to situations
that “are not intrinsically linked to the operating system of the aircraft, are not by their nature or
origin inherent in the normal exercise of the activity of the air carrier concerned and outside (the
Airline’s) actual control”.
As a result of the pandemic, the European Commission issued specific guidance with the aim of
interpreting and clarifying how the provisions of EU passenger rights legislation (including the right
to compensation under EU Regulation 261) would apply in the context of the COVID-19 outbreak.
The guidance, in section 3.4, includes the following explanation:
“The Commission considers that, where public authorities take measures intended to contain the
Covid-19 pandemic, such measures are by their nature and origin not inherent in the normal
exercise of the activity of carriers and are outside their actual control.”
The guidance issued by the Commission indicates that the Covid-19 pandemic is in itself an
extraordinary circumstance and it can follow that indirect consequences, for example, low
passenger uptake may indeed be included in the range of extraordinary circumstances.
To alleviate the impact of the pandemic and discourage airlines from flying with low (or no)
passenger loads, the European Commission itself has waived the 80:20 rule which requires airlines
to use 80% of its allocated slots to avoid losing them.
The UK Civil Aviation Authority (CAA) has also provided information on what may be considered an
extraordinary circumstance under EC Regulation 261/2004 in the context of the COVID-19
pandemic. The guidance confirms that:
“Where the Government is advising against travel to a destination we consider that this would be
viewed as an 'extraordinary circumstance' and compensation would not be payable. Cancellations
related to coronavirus in other circumstances (e.g. where there is no advice against travel) would
need to be considered on their merits and facts. However, decisions by authorities to close
airspace, restrict airline operations or place restrictions on passengers are likely to be an
extraordinary circumstance. Cancellations due to the economic and environmental consequences
of operating flights with only a few passengers on-board may also be considered to be an
extraordinary circumstance, for example where the imposition of quarantine requirements
significantly impacts demand.”
The CAA COVID-19 guidance can be viewed online using the below link:
https://www.caa.co.uk/Our-work/Newsroom/COVID-19-guidance-for-passengers/[Attachment
14]
Reasonable measures
The cancellation of the Flight could not have been avoided even if all reasonable measures had
been taken, within the meaning of Article 5(3).
It was the extraordinary circumstances of COVID-19 which resulted in the cancellation of the
Flight. There were no reasonable measures that could have been taken by British Airways to avoid
the effect of COVID-19. This was completely beyond the control of British Airways. The
cancellation was caused by unforeseen disruption arising from the COVID-19 global pandemic.
It would be an intolerable sacrifice for British Airways to continue operating flights with
significantly low passengers.
Article 8
The Passenger chose not to travel and instead requested a refund.
I can confirm that our Refunds team processed a full refund of 846 DKK on 06 March 2021 and this
was returned to the original form of payment.
Conclusion:
As the cancellation of the Flight was not within the control of British Airways, we deny that the
Passenger is entitled to EU compensation on this occasion.

BA sincerely regrets the Passenger was inconvenienced by the cancellations. However, I trust I
have provided sufficient information to prove we have acted sufficiently in accordance with EC
Regulation 261/2004.
Kind regards
Laura McDade