Ex-EU: what happens if BA cancel the outbound flight?
Oct 30, 2014, 6:45 am
#76
Join Date: Jun 2011
Programs: BAEC Gold, HHonors Gold, Marriot Bonvoy Gold, MeliaRewards Gold, Radisson Gold
Posts: 817
The meaning and effect of a contract, and the obligations under which it puts the parties, are prescribed by law. If your second sentence is intended to mean that courts do whatever they like, irrespective of what the law says that the contract provides, then dream on
Do you prefer to respond to someone based on what you think they intended to say, because you are unable to argue effectively with that they actually said?
I am not - nor have I ever - set out to try and create a universal algorithm to address every missed departure situation that could ever arise. I simply set out to address a specific scenario where BA are the carrier on both legs of your journey and where BA themselves could be proven to be directly responsible for a passenger missing their next flight with BA. And in that case I maintain that it can be argued strongly and convincingly (in whatever forum you like) that it would be both fair, reasonable and completely within BAs power to make good on your complete journey by allowing you to join your planned long haul flight at London - and that it could therefore be argued convincingly in a consumer court that it would be unreasonable of them to deny that option to you, given the direct role they have played in creating the issue in the first place.
If the situation presented were in any way different or more complex than the scenario laid out, I may very well take a completely different tact in terms of how I would seek resolution. However that doesn't in any way disprove my assessment of this specific situation.
Oct 30, 2014, 7:52 am
#77
Join Date: Aug 2014
Posts: 999
That isn't what I said though is it, nor is it what I intended to say. I said " Contracts are not law. They are contracts. And courts can and do disregard contracts all the time. All of which is true.
Do you prefer to respond to someone based on what you think they intended to say, because you are unable to argue effectively with that they actually said?
And again a nice inaccurate distillation of my posts to conveniently help your own opinion seem more valid. However, using any form of "...and by extension" debate tactics to try and disprove my view of this situation is flawed, as all I have ever tried to do is address a specific scenario.
I am not - nor have I ever - set out to try and create a universal algorithm to address every missed departure situation that could ever arise. I simply set out to address a specific scenario where BA are the carrier on both legs of your journey and where BA themselves could be proven to be directly responsible for a passenger missing their next flight with BA. And in that case I maintain that it can be argued strongly and convincingly (in whatever forum you like) that it would be both fair, reasonable and completely within BAs power to make good on your complete journey by allowing you to join your planned long haul flight at London - and that it could therefore be argued convincingly in a consumer court that it would be unreasonable of them to deny that option to you, given the direct role they have played in creating the issue in the first place.
If the situation presented were in any way different or more complex than the scenario laid out, I may very well take a completely different tact in terms of how I would seek resolution. However that doesn't in any way disprove my assessment of this specific situation.
Do you prefer to respond to someone based on what you think they intended to say, because you are unable to argue effectively with that they actually said?
And again a nice inaccurate distillation of my posts to conveniently help your own opinion seem more valid. However, using any form of "...and by extension" debate tactics to try and disprove my view of this situation is flawed, as all I have ever tried to do is address a specific scenario.
I am not - nor have I ever - set out to try and create a universal algorithm to address every missed departure situation that could ever arise. I simply set out to address a specific scenario where BA are the carrier on both legs of your journey and where BA themselves could be proven to be directly responsible for a passenger missing their next flight with BA. And in that case I maintain that it can be argued strongly and convincingly (in whatever forum you like) that it would be both fair, reasonable and completely within BAs power to make good on your complete journey by allowing you to join your planned long haul flight at London - and that it could therefore be argued convincingly in a consumer court that it would be unreasonable of them to deny that option to you, given the direct role they have played in creating the issue in the first place.
If the situation presented were in any way different or more complex than the scenario laid out, I may very well take a completely different tact in terms of how I would seek resolution. However that doesn't in any way disprove my assessment of this specific situation.
Oct 30, 2014, 8:54 am
#78
Join Date: Jun 2011
Programs: BAEC Gold, HHonors Gold, Marriot Bonvoy Gold, MeliaRewards Gold, Radisson Gold
Posts: 817
Agreed - I have followed/read all your posts on this. Your posts are well written and reasoned and yet some posters seem to want to argue with the points you make. In the scenario, we are discussing I would agree that a consumer court would most probably come to the same assessment.
It only gets tiresome when people argue with me about the points they believe I "intended" to make - or points they feel I may be "close" to making
Nov 8, 2014, 6:17 am
#79
Join Date: Dec 2010
Programs: BA Gold, CX Gold, VS Gold, HH Gold, Amex Plat
Posts: 127
Ex-'EU' connection risk
We have a single ticket on BA LHR-DUB on 27th December circa midday, and then a separate itinerary DUB-LHR circa 8am the next day connecting onto the US in the afternoon.
Given BA/HAL's inability to operate with a rumour of winter I'm thinking I may be pushing it with even an overnight break.
Given the popularity of ex-EU fares I hope there are people with experience of IRROPS in this area, in terms of official policy (guessing not very helpful), but more importantly what actually happens in practice if you find a nice agent!
My question is, if the LHR-DUB service is cancelled/delayed and I don't make it to DUB, in practice what would happen to the second booking? Would they let us rebook the first (DUB-LHR) sector later and after we make it to Dublin? Would they even let us drop the first sector?
Further, if LHR-DUB is disrupted and in turn DUB-LHR is disrupted too, and the both sectors are cancelled - would they let us just start from LHR instead of rebooking us on both?
Thanks for any advice.
Given BA/HAL's inability to operate with a rumour of winter I'm thinking I may be pushing it with even an overnight break.
Given the popularity of ex-EU fares I hope there are people with experience of IRROPS in this area, in terms of official policy (guessing not very helpful), but more importantly what actually happens in practice if you find a nice agent!
My question is, if the LHR-DUB service is cancelled/delayed and I don't make it to DUB, in practice what would happen to the second booking? Would they let us rebook the first (DUB-LHR) sector later and after we make it to Dublin? Would they even let us drop the first sector?
Further, if LHR-DUB is disrupted and in turn DUB-LHR is disrupted too, and the both sectors are cancelled - would they let us just start from LHR instead of rebooking us on both?
Thanks for any advice.
Nov 8, 2014, 6:22 am
#80
FlyerTalk Evangelist
Join Date: Aug 2002
Location: London
Programs: Mucci. Nothing else matters.
Posts: 38,644
You might find some help in the very recent discussion here: http://www.flyertalk.com/forum/briti...nd-flight.html
Nov 8, 2014, 6:46 am
#81
Join Date: Nov 2004
Location: Ireland
Programs: VS Silver, EK Gold, BA GGL/CCR
Posts: 487
Given that you have booked an overnight in Dublin there are any number of legitimate reasons that someone would go to Dublin for dinner meeting (etc.) and then travel onwards from there.
You'd have to be exceptionally unlucky for on overnight connection to go pear shaped and then given both bookings are BA you would most likely get a very sympathetic response (when you eventually made it to the top of the queue!).
Unless you are a professional worrier - I would suggest you grab a nice glass of something strong and forget about it. Even if the worst case plays out I'm sure it will still be fine!
You'd have to be exceptionally unlucky for on overnight connection to go pear shaped and then given both bookings are BA you would most likely get a very sympathetic response (when you eventually made it to the top of the queue!).
Unless you are a professional worrier - I would suggest you grab a nice glass of something strong and forget about it. Even if the worst case plays out I'm sure it will still be fine!
Nov 8, 2014, 6:46 am
#82
Join Date: Dec 2003
Location: Surrey, UK
Programs: BA Gold....er now Silver...er now Bronze....er now Blue
Posts: 3,507
I really don't think it's worth worrying about given you have left so much time - and if you think it is worth worrying about, it probably would have been better not to have booked an ex-EU in the first place.