The US complaint revolves around the March-November 2020 period. Reuters
The US complaint revolves around the March-November 2020 period. Reuters
The US complaint revolves around the March-November 2020 period. Reuters
The US complaint revolves around the March-November 2020 period. Reuters

How British Airways refunds for flights grounded after Covid-era fines


Simon Rushton
  • English
  • Arabic

British Airways used a faulty complaints procedure that failed to offer passengers timely refunds for cancelled flights to and from the US during the Covid-19 pandemic, the US Department of Transportation has said.

BA slashed the number of customer service staff just as flights around the world were grounded, causing a spike in passengers seeking refunds.

The US Department of Transportation issued a $1.1 million fine for BA’s deceptive and unfair practices.

BA customer complaint lines after the fine was issued on Friday continued to be be answered by voicemails promising: “All our agents are busy. Please hold the line.”

The press office number also re-routed callers into a voicemail queue suggesting people email or leave a message.

Designed to fail

The complaints revolve around refunds during the the March-November 2020 period.

Customers who had flights cancelled were encouraged to use the online refund form.

Passengers who tried to call the customers services office were left on hold, and continually urged to claim online.

Grounded fliers were often unable to actually use the web form to submit refund requests.

The BA website appeared to offer refunds to customers, however it was often promoting vouchers for future flights instead.

Consumers would often be led into accepting vouchers, wrongly thinking it was the best option for them.

Deceptive and unfair

The US investigation called the tactics deceptive and unfair.

“BA’s failure to establish, for several months, a readily accessible method for consumers to request refunds for flights the carrier cancelled, or significantly changed" the DoT said, resulting in "delays in thousands of consumers receiving required refunds.

“The practice of stating that a consumer has the option of obtaining a refund, but then obfuscating the necessary steps to obtain a refund or only offering consumers vouchers for a flight the carrier canceled or significantly changed is deceptive.”

It added: "An airline’s practice of not having a readily accessible way for consumers to request refunds for flights it cancels or significantly changes, resulting in delays in consumers obtaining required refunds, is unfair as it causes substantial harm to consumers.”

How to claim a BA refund

BA still has an online form for refunds, with the phone line outlining their website as its preferred contact method.

Other methods such as Facebook or Twitter often drives customers back to the online form.

When contacted by The National about improving their systems, BA did not respond.

After the US fine, BA said it “acted lawfully at all times” during the pandemic and allowed customers whose flights were cancelled to either re-book on different dates or claim a refund.

The airline also said it had issued more than 5 million refunds since the pandemic began.

The UK's Competition and Markets Authority investigated BA and Ryanair over concerns they may have broken the law by failing to offer refunds for flights that customers could not legally take during lockdown.

The CMA ruled in 2021 that a lack of legal clarity made it uncertain that it would be able to secure refunds for customers who were prevented from flying by Covid restrictions.

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Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

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Updated: June 02, 2023, 2:38 PM