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Old Jun 19, 2017, 6:38 am
  #114  
Tobias-UK
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
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Originally Posted by elitetraveler
That's what a judge will decide.



The article I linked to cited "Loss of enjoyment" which based on how BA markets CW might have validity in a judge's eyes.

"The couple certainly have clear grounds for complaint. If a website states there’s a new restaurant and a swimming pool at the hotel, then – unless it is made clear at the time of booking – these facilities should be available. If not, it is a breach of contract. Noise from a kitchen is harder because the key component of a successful complaint is to give the owner a chance to put things right or to offer you an alternative solution. If you tell the manager about a problem such as noise early in your stay and nothing is done, then you’re on stronger ground."



I did state OP needs to establish what he believes is the value of his loss. The judge will decide if it's too low or too high.

OP's only risk in California is $30, the costs of getting to and from the court and his time. If OP wins, I believe he recovers these costs as well.

If OP can establish the fare difference what he paid vs. what BA sells the cheapest seat for on the flight, then he can establish what he feels his loss in based on what was advertised vs. what BA delivered which was a flight from LAX to LHR.

While you obviously feel OP's claim is frivolous and it may be - I have outlined OP's risks - the money and time - and the potential upside - If the fare difference is $2,500 claiming $500 to $750 might seem reasonable to the judge - or not.
Not a cat in hells chance of success, I'm afraid. There is simply no basis in law or in fact to sustain a claim in the terms you suggest. The OP should not waste his time on such a whimsical claim.

As for your link, I didn't read it, I don't rely on the views of journalists when it comes to matters of law.
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