Originally Posted by
headingwest
Whilst I agree with what you're saying, that doesn't help those who have genuinely serious issues that need to be compensated for. It seems very unfair to me that somebody who hasn't received the product they paid for can't be appropriately compensated (whether they prefer cash or Avios) because BA has decided to cut back on Avios compensation.
I must admit I'm also troubled by the current situation where allegedly Customer Relations can only offer 5k Avios in remediation, going up to 10k in apparently "exceptional" circumstances.
However for the recent huff and puff about EC261 and the CAA, it may be a way forward. The CAA has introduced the Alternative Dispute Resolution process, and it got controversy because of a £25 "nominal" fee if the complaint is deemed 100% unsuccessful. Now this was reported (with some inaccuracies) in respect of EC261 complaints, but actually the scheme is open to these sorts of complaints:
Originally Posted by CAA
Any more general disputes arising where the consumer alleges that the business is not trading fairly. Here we are referring to situations where the consumer has been misled, for example into paying more for the flight or into buying something that they didn't actually want, where the consumer has been harmed by the use by the business of an unfair contract term, or where the consumer has been otherwise harmed by the breach by the business of general consumer protection law.
So this suggests - in a UK context - that passengers have the following options open to them:
1) Dispute with BA Customer Relations - who have up to 8 weeks to resolve issues before a deadlock "final response" letter is issued.
2) ADR via their nominated partner CEDR - £25 fee. Weblink:
http://www.cedr.com/aviation/guidance/
3) CAA - contrary to press reports, the CAA will still investigate complaints for free, including after ADR, though their reputation for consumer protection is not very high among many Flyertalkers.
4) Trading Standards (in the UK this often sub contracted to the Citizens Advice Bureau)
5) Your credit card issuer (if relevant): So-called Section 75 protection for breach of contract or misrepresentation.
6) MCOL or other legal avenues.
Now I'm in two minds about the £25 fee, if it is used to weed out truly frivolous cases then that's fair enough. I'm very troubled by that fee being charged to disabled passengers who have not been treated fairly under EC1107, there again the previous non-existant system was even worse. I suspect that ADR will not rule 100% against passengers: they must work under the assumption that passengers are telling the truth. Also note that BA cannot stop ADR, after 8 weeks the passenger is free to go to ADR without the deadlock letter.
[I'm making no direct comment on the precise case here]