Originally Posted by
scottishpoet
based on what you have written I would agree with
• The company re-routed the passengers on BAXXX from XXX to XXX departing at xx.xx on [date] and provided the passengers with overnight hotel accommodation.
So is this what you are disputing as an agreed fact?
• As a result of the customers’ missed connection, their luggage was subject to a delayed arrival. Based on what you wrote it seems you were
I don't know enough about the BA systems but i suspect your bag was correctly marked for the flight. Possibly the issues with your check in meant the bag did not leave the bag store but I do not know enough about the system. but yes, you bag was delayed because you missed your connection. Were your bags the only bags that did not make it to the destination? Sometimes for weight reasons or other punctuality reasons decisions are taken to leave some bags behind.
What are you looking for ?
You mention that you are claiming under The Consumer Rights Act 2015, as BA did not take reasonable care and skill re-booking us and handling our luggage. I am not clear what the consumer rights act stipulates in terms of handling luggage. Luggage delays happen.
I agree you were not given boarding passes, but that does not mean you were not re routed
While I can understand the check in delays were frustrating, I am not sure it would automatically follow BA did not take reasonable care and skill. i am not sure what standard they need to make, it seems you did make the connection
Originally Posted by
scottishpoet
based on what you have written I would agree with
• The company re-routed the passengers on BAXXX from XXX to XXX departing at xx.xx on [date] and provided the passengers with overnight hotel accommodation.
So is this what you are disputing as an agreed fact?
• As a result of the customers’ missed connection, their luggage was subject to a delayed arrival. Based on what you wrote it seems you were
I don't know enough about the BA systems but i suspect your bag was correctly marked for the flight. Possibly the issues with your check in meant the bag did not leave the bag store but I do not know enough about the system. but yes, you bag was delayed because you missed your connection. Were your bags the only bags that did not make it to the destination? Sometimes for weight reasons or other punctuality reasons decisions are taken to leave some bags behind.
What are you looking for ?
You mention that you are claiming under The Consumer Rights Act 2015, as BA did not take reasonable care and skill re-booking us and handling our luggage. I am not clear what the consumer rights act stipulates in terms of handling luggage. Luggage delays happen.
I agree you were not given boarding passes, but that does not mean you were not re routed
While I can understand the check in delays were frustrating, I am not sure it would automatically follow BA did not take reasonable care and skill. i am not sure what standard they need to make, it seems you did make the connection
I am disputing BOTH statements in that form. I know we were eventually re-routed, but not straight after we were taken off our original flight, it seems. If we were, we would have had tickets allowing us to get boarding passes, but the tickets were issued 15 hours after being taken off our original flight and 20 minutes before the gate of our new flight closed. The tickets were also under a new PNR. The way the "agreed fact" is written implies that we received tickets and then our hotel voucher. I do not think it is skillful nor in the spirit of EC261 to wait 15 hours and provide passengers with their boarding passes 10 minutes before staff at the gate are preparing to take you off the flight.
Thankfully I am still a bit fit, so managed security and navigating the departure hall in the allotted time, but anyone older or people with kids would have been taken off that flight. Does that mean it would be their fault, if they missed their flight, because BA did their job and re-routed them?
Because of the tickets being under a new PNR, our luggage was still under the old one and needed to be added to our new tickets or flight. So no, they were not correctly marked for the flight. Therefore, reason one for our delayed bags was the change of PNR. Reason two: No one added the bags to our new tickets, even when we presented our baggage tag stubs and were told they would. Reason three, no one at BA was willing to book our bags on a later flight, when we contacted them by phone, explaining what happened.
My guess is, that the luggage would have sat at Heathrow indefinitely under our old PNR, since according to those records we were still at the airport. And having only 21 days before they declare your luggage lost and then destroying it, we were understandably interested in having BA be active and correct the error.
I have had a few delayed bags, but only in cases were I did make a tight connection and my bags didn't. They were then sent on the next flight and I always received them the same day. So I understand the causal link there, but how a passenger missing their connection (one flight) means their luggage misses two flights or goes missing, I do not follow and never happened to me. Perhaps some frequent flyers observed that phenomenon.
I don't believe ignoring a customer pointing out errors made by a company is a skillful thing to do, nor is forgetting or failing to book bags on a flight. I would call that careless. So I think BA failed under The Consumer Rights Act 2015 and also their own General Conditions of Carriage, which forms the contract between BA and the passenger. Clause 9b1 reads:
"We will take all reasonable measures necessary to avoid delay in carrying you and your baggage."
I would consider reasonable measures to be re-booking customers in good time and making sure baggage is transported.