Jennie Barber, a Birmingham resident in her 30s, prevailed in court against British Airways (BA) after being denied a refund for two cancelled return flights to Japan due to Covid restrictions.
Ms. Barber booked the flights in January 2020 for departure in May of that year; however, when they were cancelled due to the pandemic, BA offered her travel vouchers rather than a refund. Ms. Barber wanted her money back, so she challenged the airline giant by researching contract law from the 1930s.
Ms. Barber stated that she initially accepted the vouchers, but grew frustrated when her preferred destination, Japan, did not reopen its borders, rendering the vouchers ineffective. She requested a refund in December 2020 but was denied, prompting her legal challenge.
Ms. Barber, armed with an A-level in law from City College in Coventry, conducted research at her local library to locate the Law Reform (Frustrated Contracts) Act 1943, which stated that she was entitled to a refund because something was impossible to deliver through no fault of her own.
The case was heard on 20 January 2021 at the Redditch Magistrates Court in Worcestershire, and Ms. Barber was awarded a full refund of £2,523.42, which included flights, interest up to the date of judgement, and costs.
Gary Rycroft, a consumer attorney, stated, “When a business cancels a service that they had previously promised to provide, it is not uncommon for the business to offer vouchers, but it is vital for consumers to understand they are entitled to a full cash refund and do not have to accept vouchers.”
Ms. Barber has joined a number of Facebook groups for people in a similar situation, where she has been offering advice.
A spokesperson for British Airways said in a statement, “We were the first UK airline to offer customers the unprecedented flexibility to change their travel plans during the pandemic by providing them with travel vouchers for future travel,” adding that customers could use travel vouchers issued until September 2023.
Jennie Barber of Birmingham has prevailed in court against British Airways (BA) regarding flight cancellations. Ms. Barber had booked two return flights to Japan departing in May 2020 in January 2020, but they were cancelled due to Covid restrictions. BA offered Ms. Barber travel vouchers, but she desired a refund.
Ms. Barber, armed with an A-level in Law from City College in Coventry, conducted research at her local library, where she discovered legislation stating that she was entitled to a refund because something was impossible to deliver through no fault of her own. The case was heard on 20 January 2021 at the Redditch Magistrates Court, and Ms. Barber was awarded a full refund of £2,523.42.
Ms. Barber explained to the BBC that she took matters into her own hands because she “didn’t feel it was right” that there was no voucher flexibility while Japan remained closed. Gary Rycroft, a consumer attorney, emphasised the significance of consumers understanding they are not required to accept vouchers and are entitled to a full cash refund.
Ms. Barber has recently joined Facebook groups for people in a similar situation and has been offering advice. A BA spokesperson stated in a statement that customers could use travel vouchers issued until September 2023.
Jennie Barber successfully sued British Airways (BA) for flight cancellations and was awarded a full refund. Ms. Barber investigated 80-year-old contract law and utilised the Law Reform (Frustrated Contracts) Act of 1943, which states that if something becomes impossible to deliver through no fault of their own, they are entitled to a refund. The Redditch Magistrates Court heard her case, and she was awarded £2,523.42.
Ms. Barber has joined Facebook groups that offer advice to people in similar circumstances and has urged others to know their legal rights and “stick to their guns.” The response from BA was that they provided “unprecedented flexibility” for travel vouchers until September 2023. Gary Rycroft, an attorney for consumers, has urged them not to accept vouchers and to instead understand their right to a full cash refund.
