FlyerTalk Forums - View Single Post - BA's compensation policy: in breach of Regulation 261/2004?
Old Jan 6, 2008, 11:27 am
  #11  
uk1
Suspended
 
Join Date: Jan 2004
Location: UK
Posts: 11,969
Originally Posted by spanishflea
You would be correct. Ever since the compensation regulation came in there has been a pretty strong culture of enforcing this mindset on all CR staff as a matter of course.

I don't think we're ever going to get to the stage where BA are voluntarily handing out hotel rooms and compensation. To get anything out of them you really have to work hard sadly.
BA obviously has an obligation to ensure that all staff are sufficiently trained to ensure that they keep BA within the law. It's quite acceptable for a member of staff to say "I do not have the training and therefor do not handle that aspect" with respect to the arrangements that MileHighLawyer was seeking. However it does seem that both members of staff then went on to accept responsibility on behalf of the company for rejecting MileHighLawyer's claim and their obligations. It also gives the appearance that BA staff are encouraged to mislead customers out of their entitlements.

Whilst there will be grey situations where what constitutes "exceptional circumstances outside of control" clearly there are circumstances that are black or white and reasonable advanced awareness of crew shortages is clearly one.

Edited to add

I wonder if this policy and the way in which it is communicated has been signed off by BA's legal department. I really ought to ask Robert Webb QC next time I bump into him at a Chief Legal Officer programme meeting...


Exactly. When does this policy constitute criminal activity?

Last edited by uk1; Jan 6, 2008 at 11:33 am
uk1 is offline