Feeling p1ssed at KUL
#136
Join Date: Mar 2005
Programs: Mucci, BA-GGL, LH-Sen
Posts: 2,241
......I did try and check in using the BA App but got an error message. I was slightly concerned about this but it does happen occasionally.
.....
I mentioned that this is not a one off and she said that if anyone else has had a similar experience at KUL will they please raise a case as this will put the pressure on the station manager there.
Apparently there is going to be an investigation into the staff actions that we noted.
.....
I mentioned that this is not a one off and she said that if anyone else has had a similar experience at KUL will they please raise a case as this will put the pressure on the station manager there.
Apparently there is going to be an investigation into the staff actions that we noted.
I thought this was a fair deal, enjoyed my flight on MH and while I was slightly annoyed I didn't think more of it, just glad to be getting home.
Having just seen this thread I'm now realising that this is sounding all too familiar. I can't believe that seats on the 789s break all that frequently and that they chose to downgrade GGLs every time. And I wonder if something more fishy is going on!!
Hmmmm....
#137
Join Date: Nov 2010
Location: Bristol
Programs: BA GGL, UA Plat, DL Plat, Hilton Diamond
Posts: 2,380
That would require human thought and attention.
We all know that CR emails are actually written by a random text generator...
#138
Join Date: Mar 2009
Location: JAX
Programs: Ex-BA/AA/CP/LY staff, BA Executive Club Blue, IHG Diamond, Marriott Silver, Chick-fil-A Red
Posts: 3,588
(BA typeface samples)
#139
FlyerTalk Evangelist
Join Date: Jun 2004
Location: LON, ACK, BOS..... (Not necessarily in that order)
Programs: **Mucci Diamond Hairbrush** - compared to that nothing else matters (+BA Bronze)
Posts: 15,138
#140
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,850
The flights were paid with Avios and an Amex 241
The total Avios cost was 259,000 as one flight was peak and one was off peak
The taxes totalled £1014.90
To date we have had e-vouchers of £700 each; but I believe these don't form part of the compensation under EC/261?
We have had 31,500 Avios refunded but no refund of any tax
The total Avios cost was 259,000 as one flight was peak and one was off peak
The taxes totalled £1014.90
To date we have had e-vouchers of £700 each; but I believe these don't form part of the compensation under EC/261?
We have had 31,500 Avios refunded but no refund of any tax
#141
Join Date: Nov 2010
Location: Bristol
Programs: BA GGL, UA Plat, DL Plat, Hilton Diamond
Posts: 2,380
#142
Join Date: Mar 2006
Location: UK
Programs: BA GGL, BA LTG/GFL, Honors Diamond, Accor Platinum, Bonvoy Silver
Posts: 718
There's a lot variable maths due to the 241, changes to taxes which would be payable now, but were different at the time of booking (I doubt many people keep an ITA matrix screenshot of the fee breakdown per sector at the time of booking!) and the apportionment of the YQ fee to the affected sector only as opposed to the whole ticket.
If we look on the basis of downgrade reimbursement being applicable to the affected sector only (recent guidance http://ec.europa.eu/transport/themes...16)3502_en.pdf from the European Commission, which is NOT binding but likely to be positively considered, is that 75% of the downgraded sector only reimbursement is the correct interpretation, rather than 75% of whole ticket price).
So for primary passenger they paid 119,000 avios and some £ for the sector. Therefore they are entitled to 89,250 avios plus 75% of some cash.
For the companion, they paid 0 avios, 1 241 and some £ for the sector. Therefore they may wish to ask for 89,250 avios plus 75% of some cash.
For the cash element ie fees and taxes, I think the applicable sector fees at the time were £332.20 - that's difficult to calculate exactly as the YQ for a return is not the same as adding 2 singles ie LHR-KUL YQ + KUL-LHR YQ. I use £0.70 (Malaysia Goods and Services Tax) + £10.90 (Malaysia Passenger Service And Security Charge) + £154.50 (being return YQ/2). So 75% of £332.20 is £249.15
Pax 1 - £249.15 plus 89,250 avios
Pax 2 - £249.15 plus 89,250 avios (debatable as how can BA reimburse a 241).
Total all pax reimbursement = £498.30 and 178,500 avios.
BA have already offered (uncertain of the characterisation of the offer - goodwill or attempted full and final settlement of the 261 claims) for 2 pax - £1,000 cash or £1,400 voucher, plus 31,250 avios.
Seems a reasonable deal, but as mentioned it bears no resemblance to the actual 261 requirements.
Given that article 7(3), which in respect of method of payment applies to downgrade reimbursement, provides
BA would need signed consent of both passengers to settle the 261 claim by a payment other than in cash.
If we look on the basis of downgrade reimbursement being applicable to the affected sector only (recent guidance http://ec.europa.eu/transport/themes...16)3502_en.pdf from the European Commission, which is NOT binding but likely to be positively considered, is that 75% of the downgraded sector only reimbursement is the correct interpretation, rather than 75% of whole ticket price).
So for primary passenger they paid 119,000 avios and some £ for the sector. Therefore they are entitled to 89,250 avios plus 75% of some cash.
For the companion, they paid 0 avios, 1 241 and some £ for the sector. Therefore they may wish to ask for 89,250 avios plus 75% of some cash.
For the cash element ie fees and taxes, I think the applicable sector fees at the time were £332.20 - that's difficult to calculate exactly as the YQ for a return is not the same as adding 2 singles ie LHR-KUL YQ + KUL-LHR YQ. I use £0.70 (Malaysia Goods and Services Tax) + £10.90 (Malaysia Passenger Service And Security Charge) + £154.50 (being return YQ/2). So 75% of £332.20 is £249.15
Pax 1 - £249.15 plus 89,250 avios
Pax 2 - £249.15 plus 89,250 avios (debatable as how can BA reimburse a 241).
Total all pax reimbursement = £498.30 and 178,500 avios.
BA have already offered (uncertain of the characterisation of the offer - goodwill or attempted full and final settlement of the 261 claims) for 2 pax - £1,000 cash or £1,400 voucher, plus 31,250 avios.
Seems a reasonable deal, but as mentioned it bears no resemblance to the actual 261 requirements.
Given that article 7(3), which in respect of method of payment applies to downgrade reimbursement, provides
The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
#143
Join Date: Oct 2003
Location: London
Posts: 3,500
As you can see, you're entitled to 75% refund of what you paid for the F flight - and BA have not offered you anything close to this.
You will now need to offer BA one more opportunity to rectify this before you take them to court via Money Claim Online.
Your case is a little complicated in calculating the refund due to the use of the 2 for 1 voucher, and whether to follow the text of the regulation (which says refund the ticket price) or to follow the non-binding Interpretative Guidelines (which says affected journey only), and the fact you've been been given compensation voucher (not a refund).
You should claim the maximum possible amount in your moneyclaim, as the judge may award you less (if they have a less generous interpretation) but won't offer you more.
Your tactics and what you wish to claim depend on how much time you wish to spend on this, and how annoyed you are with BA.
Personally, I would be very angry with the treatment in this thread. As a fellow FT 'old timer' it's sad to see how BA are no longer following the rules and laws that apply to them - they used to just cheat by working against / with their competitors in an illegal manner, but now we're seen failings that are more impactful to passengers around safety and there's a clear pattern of systematic lying to customers to deny them the compensation they are due. They are opening themselves up to a massive bill in the future, but presumably the staff will have moved on in a decade when this finally hits.
You may wish to issue a claim for the refund (which needs to be in the form of cash) based on
- 259k Avios x 2 passengers (best way to assign a £ value to the Amex voucher)
- -31.5k that has already been refunded to you
- 75% of the £1015 paid
- Ignoring the £700 compensation voucher (as not a refund)
The avios would cost £7992.50 to buy from BA, and leads to a total request £8,753.68.
You may - or may not - struggle to get the judge to agree that you are entitled to a refund on the ticket price, vs the segment price. In your favour is that the ticket would have been a different (and lower) cost if you had purchased it as a one-way ticket from KUL. Under this segment scenario, you'd get £3,890.80
You are welcome to request something else in settlement with BA before court - you might want the Avios due given to you as Avios rather than the cash equivalent, you might want another 2-4-1 voucher instead of your wife's portion of miles, and you might want a copy of the downgrade procedure to select customers for your information (I think you suspect you've been told different stories by different teams who want to tell you a nice story).
I can't see how BA can rescind the e-voucher as they have clearly written it is compensation and it has been given to you already.
Good luck, you have been treated terribly so far so wouldn't hesitate in claiming the full amount you are due.
#144
Join Date: Aug 2014
Posts: 995
Thanks for the clarifications, very useful.
As you can see, you're entitled to 75% refund of what you paid for the F flight - and BA have not offered you anything close to this.
You will now need to offer BA one more opportunity to rectify this before you take them to court via Money Claim Online.
Your case is a little complicated in calculating the refund due to the use of the 2 for 1 voucher, and whether to follow the text of the regulation (which says refund the ticket price) or to follow the non-binding Interpretative Guidelines (which says affected journey only), and the fact you've been been given compensation voucher (not a refund).
You should claim the maximum possible amount in your moneyclaim, as the judge may award you less (if they have a less generous interpretation) but won't offer you more.
Your tactics and what you wish to claim depend on how much time you wish to spend on this, and how annoyed you are with BA.
Personally, I would be very angry with the treatment in this thread. As a fellow FT 'old timer' it's sad to see how BA are no longer following the rules and laws that apply to them - they used to just cheat by working against / with their competitors in an illegal manner, but now we're seen failings that are more impactful to passengers around safety and there's a clear pattern of systematic lying to customers to deny them the compensation they are due. They are opening themselves up to a massive bill in the future, but presumably the staff will have moved on in a decade when this finally hits.
You may wish to issue a claim for the refund (which needs to be in the form of cash) based on
The avios would cost £7992.50 to buy from BA, and leads to a total request £8,753.68.
You may - or may not - struggle to get the judge to agree that you are entitled to a refund on the ticket price, vs the segment price. In your favour is that the ticket would have been a different (and lower) cost if you had purchased it as a one-way ticket from KUL. Under this segment scenario, you'd get £3,890.80
You are welcome to request something else in settlement with BA before court - you might want the Avios due given to you as Avios rather than the cash equivalent, you might want another 2-4-1 voucher instead of your wife's portion of miles, and you might want a copy of the downgrade procedure to select customers for your information (I think you suspect you've been told different stories by different teams who want to tell you a nice story).
I can't see how BA can rescind the e-voucher as they have clearly written it is compensation and it has been given to you already.
Good luck, you have been treated terribly so far so wouldn't hesitate in claiming the full amount you are due.
As you can see, you're entitled to 75% refund of what you paid for the F flight - and BA have not offered you anything close to this.
You will now need to offer BA one more opportunity to rectify this before you take them to court via Money Claim Online.
Your case is a little complicated in calculating the refund due to the use of the 2 for 1 voucher, and whether to follow the text of the regulation (which says refund the ticket price) or to follow the non-binding Interpretative Guidelines (which says affected journey only), and the fact you've been been given compensation voucher (not a refund).
You should claim the maximum possible amount in your moneyclaim, as the judge may award you less (if they have a less generous interpretation) but won't offer you more.
Your tactics and what you wish to claim depend on how much time you wish to spend on this, and how annoyed you are with BA.
Personally, I would be very angry with the treatment in this thread. As a fellow FT 'old timer' it's sad to see how BA are no longer following the rules and laws that apply to them - they used to just cheat by working against / with their competitors in an illegal manner, but now we're seen failings that are more impactful to passengers around safety and there's a clear pattern of systematic lying to customers to deny them the compensation they are due. They are opening themselves up to a massive bill in the future, but presumably the staff will have moved on in a decade when this finally hits.
You may wish to issue a claim for the refund (which needs to be in the form of cash) based on
- 259k Avios x 2 passengers (best way to assign a £ value to the Amex voucher)
- -31.5k that has already been refunded to you
- 75% of the £1015 paid
- Ignoring the £700 compensation voucher (as not a refund)
The avios would cost £7992.50 to buy from BA, and leads to a total request £8,753.68.
You may - or may not - struggle to get the judge to agree that you are entitled to a refund on the ticket price, vs the segment price. In your favour is that the ticket would have been a different (and lower) cost if you had purchased it as a one-way ticket from KUL. Under this segment scenario, you'd get £3,890.80
You are welcome to request something else in settlement with BA before court - you might want the Avios due given to you as Avios rather than the cash equivalent, you might want another 2-4-1 voucher instead of your wife's portion of miles, and you might want a copy of the downgrade procedure to select customers for your information (I think you suspect you've been told different stories by different teams who want to tell you a nice story).
I can't see how BA can rescind the e-voucher as they have clearly written it is compensation and it has been given to you already.
Good luck, you have been treated terribly so far so wouldn't hesitate in claiming the full amount you are due.
#145
Original Poster
Join Date: Jan 2005
Location: Egham, Surrey, UK
Programs: Mucci Champion des Champions, BAG4L, *A Gold, HH DIA, Hyatt Explorist, Hertz Gold, Avis President
Posts: 3,416
Latest update from BA
First I would like to thank everyone that has posted suggestions here and also for the FT'ers that PM'd me. Just received the latest email from BA who I have to say have reacted very quickly. Particularly interesting is the latest update from the EU on how compensation will be calculated in future. Hopefully this will mean that future claims under EC/261 will be made more quickly.
Happy to provide names of those people at BA involved by PM.
I just need to sit down and calculate what I think I should be refunded using 710 77345 excellent guide.
+++Response from BA
Dear BAGoldBoy
Thanks for taking the time to read this email. I've been forwarded your details by XXXXX and she has asked me to make contact with you. I'm disappointed to see that both you and your wife, MrsBAGoldBoy, were downgrade from First into Club World when your travelled from Kuala Lumpur on 25 May 2016. I realise with you being a Gold Guest List member and your wife being a Gold member of our Executive Club you expect the highest standards of service and I'm sorry we've let you down this time. I also apologise for the delay in replying.
I realise this was a special journey to celebrate your wife's birthday and as so you would have wanted everything to be absolutely perfect. I'm pleased to see this was the case with your outbound journey and I'm sorry the same can't be said of the return.
We do have an overbooking policy in place and at times we will oversell flights. The reason for this is that there are a large number of passengers who book flights and then simply don't show. By overbooking we can protect the flight operating with empty seats and this ultimately helps us keep our faces as low as we can.
We monitor these situations closely to ensure our calculations are correct. However, there are occasions when things do go wrong and we have to downgrade passengers into a lower cabin.
With your particular flight we had oversold the cabin by one person. On top of this there was an unserviceable seat in the First cabin, which meant that two passengers had to be downgraded.
When we have to downgrade we will ask for volunteers however, if there are none we have to select them ourselves. Where possible we try and protect our most frequent flyers. The only issue is that our check-in system doesn't differentiate between Gold Guest List and Gold Executive Club members. This is the reason that you were chosen to be downgraded on this occasion. I realise this will have been incredibly disappointing for your both.
I know you've been left unhappy with the level of service you received during the time prior to boarding. I want you to know that XXXXXXXX has contacted the Airport Manager with regards to this and action has been taken to ensure the level of customer service is improved upon. We'll certainly make sure our team are more up front when it comes to discussing these matters and explaining what the next steps are.
I'm pleased to see that you have already received our goodwill gesture in the form of a £1,400.00 joint eVoucher. As well as this, as you already know, you're entitled to a refund of 75% of the cost of the ticket. In your email to XXXXXX, you've stated that you believe this should be 75% of the total ticket and not just the affected flight. This is an issue that crops up regularly and something that has been discussed by to EU Commission as their previous document was fairly ambiguous on the matter.
As this is the case, the EU Commission have recently issued a document which helps to clear up any uncertainty. On page 19, paragraph D, of the below link it states the refund is due on the flight the passenger has been downgraded on:
http://ec.europa.eu/transport/themes...16)3502_en.pdf
At this time, I'm unsure of exactly what has been refunded to you. As this is the case I've contacted our Refunds team today and I've asked them to review any refunds that have been issued. I'll ensure that the refund processed amounts to the 75% as stated in EC Regulation 261/2004. As soon as this has been completed I'll be back in touch to let you know.
Thanks again for taking the time to contact us and for giving me the chance to help. We value both your support as a Gold Guest list member and MrsBAGoldBoy’s support as a Gold member of our Executive Club and I'm sorry for the disappointment this has caused. We look forward to welcoming you both back on board when you fly to XXXX on 25 June. If there's anything else I can help you with, please let me know.
Best regards
Gold Guest List Customer Relations
Happy to provide names of those people at BA involved by PM.
I just need to sit down and calculate what I think I should be refunded using 710 77345 excellent guide.
+++Response from BA
Dear BAGoldBoy
Thanks for taking the time to read this email. I've been forwarded your details by XXXXX and she has asked me to make contact with you. I'm disappointed to see that both you and your wife, MrsBAGoldBoy, were downgrade from First into Club World when your travelled from Kuala Lumpur on 25 May 2016. I realise with you being a Gold Guest List member and your wife being a Gold member of our Executive Club you expect the highest standards of service and I'm sorry we've let you down this time. I also apologise for the delay in replying.
I realise this was a special journey to celebrate your wife's birthday and as so you would have wanted everything to be absolutely perfect. I'm pleased to see this was the case with your outbound journey and I'm sorry the same can't be said of the return.
We do have an overbooking policy in place and at times we will oversell flights. The reason for this is that there are a large number of passengers who book flights and then simply don't show. By overbooking we can protect the flight operating with empty seats and this ultimately helps us keep our faces as low as we can.
We monitor these situations closely to ensure our calculations are correct. However, there are occasions when things do go wrong and we have to downgrade passengers into a lower cabin.
With your particular flight we had oversold the cabin by one person. On top of this there was an unserviceable seat in the First cabin, which meant that two passengers had to be downgraded.
When we have to downgrade we will ask for volunteers however, if there are none we have to select them ourselves. Where possible we try and protect our most frequent flyers. The only issue is that our check-in system doesn't differentiate between Gold Guest List and Gold Executive Club members. This is the reason that you were chosen to be downgraded on this occasion. I realise this will have been incredibly disappointing for your both.
I know you've been left unhappy with the level of service you received during the time prior to boarding. I want you to know that XXXXXXXX has contacted the Airport Manager with regards to this and action has been taken to ensure the level of customer service is improved upon. We'll certainly make sure our team are more up front when it comes to discussing these matters and explaining what the next steps are.
I'm pleased to see that you have already received our goodwill gesture in the form of a £1,400.00 joint eVoucher. As well as this, as you already know, you're entitled to a refund of 75% of the cost of the ticket. In your email to XXXXXX, you've stated that you believe this should be 75% of the total ticket and not just the affected flight. This is an issue that crops up regularly and something that has been discussed by to EU Commission as their previous document was fairly ambiguous on the matter.
As this is the case, the EU Commission have recently issued a document which helps to clear up any uncertainty. On page 19, paragraph D, of the below link it states the refund is due on the flight the passenger has been downgraded on:
http://ec.europa.eu/transport/themes...16)3502_en.pdf
At this time, I'm unsure of exactly what has been refunded to you. As this is the case I've contacted our Refunds team today and I've asked them to review any refunds that have been issued. I'll ensure that the refund processed amounts to the 75% as stated in EC Regulation 261/2004. As soon as this has been completed I'll be back in touch to let you know.
Thanks again for taking the time to contact us and for giving me the chance to help. We value both your support as a Gold Guest list member and MrsBAGoldBoy’s support as a Gold member of our Executive Club and I'm sorry for the disappointment this has caused. We look forward to welcoming you both back on board when you fly to XXXX on 25 June. If there's anything else I can help you with, please let me know.
Best regards
Gold Guest List Customer Relations
#146
Join Date: Aug 2010
Location: Gloucestershire
Programs: BA Gold (ex-GGL, maybe future Silver), Hilton Diamond
Posts: 6,201
... and that is what you get when you skilled, empowered people actually take the time to read a complaint.
Unusual for a cabin to be all gold or above, even in First, but I suppose it's possible when only nine people were trying for seven seats.
Unusual for a cabin to be all gold or above, even in First, but I suppose it's possible when only nine people were trying for seven seats.
#147
Join Date: Aug 2014
Programs: BA Executive Club and OnBusiness
Posts: 721
Interesting reply. I have some questions
1. "By overbooking we can protect the flight operating with empty seats and this ultimately helps us keep our faces as low as we can."
I assume they mean "fares". Freudian typo perhaps. An airline is not a restaurant where no shows equal lost revenue. An airline no show has already paid and BA has their money. Overbooking/no shows means they can actually charge two people for the same seat. Cheeky
2. "When we have to downgrade we will ask for volunteers however, if there are none we have to select them ourselves"
Did BA ask you to volunteer before they forced you to downgrade? Do they ask one person? Everyone? No-one?
3. "Where possible we try and protect our most frequent flyers. The only issue is that our check-in system doesn't differentiate between Gold Guest List and Gold Executive Club members. This is the reason that you were chosen to be downgraded on this occasion"
On this basis everyone else in the first cabin must have been higher than GGL, as GGL+GCH were selected for the downgrade. Really??? Or were you kicked simply for being the last to check-in? If so, why doesn't BA just own up and say it?
Sounds like some debatable "excuses" - it irritates me immensely when businesses go to such lengths to make up excuses instead of simply being transparent
1. "By overbooking we can protect the flight operating with empty seats and this ultimately helps us keep our faces as low as we can."
I assume they mean "fares". Freudian typo perhaps. An airline is not a restaurant where no shows equal lost revenue. An airline no show has already paid and BA has their money. Overbooking/no shows means they can actually charge two people for the same seat. Cheeky
2. "When we have to downgrade we will ask for volunteers however, if there are none we have to select them ourselves"
Did BA ask you to volunteer before they forced you to downgrade? Do they ask one person? Everyone? No-one?
3. "Where possible we try and protect our most frequent flyers. The only issue is that our check-in system doesn't differentiate between Gold Guest List and Gold Executive Club members. This is the reason that you were chosen to be downgraded on this occasion"
On this basis everyone else in the first cabin must have been higher than GGL, as GGL+GCH were selected for the downgrade. Really??? Or were you kicked simply for being the last to check-in? If so, why doesn't BA just own up and say it?
Sounds like some debatable "excuses" - it irritates me immensely when businesses go to such lengths to make up excuses instead of simply being transparent
#148
Sounds like somebody finally took time to read through the issues and addressed the problem with relevant teams.
Good to know BA still has people like the CR representative who handled your complaint, pity it took so long.
Good to know BA still has people like the CR representative who handled your complaint, pity it took so long.
#149
Original Poster
Join Date: Jan 2005
Location: Egham, Surrey, UK
Programs: Mucci Champion des Champions, BAG4L, *A Gold, HH DIA, Hyatt Explorist, Hertz Gold, Avis President
Posts: 3,416
I agree but I do find it strange that the BA system can't differentiate when a pax is GGL. Also BA staff in London spoke to the KUL staff and made it very clear that a GGL should not be downgraded.
We were not asked if we wanted to volunteer for a downgrade and we were at the airport 3-4 hours early so they can't really use that as an excuse.
In terms of what we are now expecting to get by my calculations I think it should be:
89,250 Avios x 2 passengers (best way to assign a £ value to the Amex voucher) as off peak flight 119K Avios per person for one way flight
-31.5k that has already been refunded to you = 147,000 Avios
50 % of 75% of the £1015 paid = £380.62
Based on a cost of £0.0164 per Avios * 147,000 this would be £2,410.80
Total £2,791.42
Does this look correct?
We were not asked if we wanted to volunteer for a downgrade and we were at the airport 3-4 hours early so they can't really use that as an excuse.
In terms of what we are now expecting to get by my calculations I think it should be:
89,250 Avios x 2 passengers (best way to assign a £ value to the Amex voucher) as off peak flight 119K Avios per person for one way flight
-31.5k that has already been refunded to you = 147,000 Avios
50 % of 75% of the £1015 paid = £380.62
Based on a cost of £0.0164 per Avios * 147,000 this would be £2,410.80
Total £2,791.42
Does this look correct?
#150
Join Date: Mar 2009
Location: JAX
Programs: Ex-BA/AA/CP/LY staff, BA Executive Club Blue, IHG Diamond, Marriott Silver, Chick-fil-A Red
Posts: 3,588
Wouldn't/shouldn't the Avios and Avios equivalent (voucher) be refunded as Avios instead of a cash value? I agree that the Amex voucher has a value and should be compensated for.