Feeling p1ssed at KUL
#196
FlyerTalk Evangelist
Join Date: Nov 2007
Location: The Hague, NL
Programs: GMLFL, Life 2.0 - Mucci Premiere Classe & des Chevaliers Toulousiens
Posts: 22,911
I am currently getting p!issed at KUL, but in a good way.
Cabin was half empty when I checked this morning. Will check if it has suddenly filled up....
Cabin was half empty when I checked this morning. Will check if it has suddenly filled up....
#197
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,619
#198
FlyerTalk Evangelist
Join Date: Mar 2013
Location: London
Posts: 17,007
First class ticket holders are guaranteed a seat. You are entitled to the delta back to standard if you didn't get a seat.
Last edited by Calchas; Jun 19, 2016 at 10:58 am
#199
Join Date: Feb 2013
Location: UK
Programs: I go wherever the content takes me.
Posts: 5,698
This is clearly stated in the NRCoC. The wording is deliberately chosen in Condition 38.
#201
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,990
#204
FlyerTalk Evangelist
Join Date: Nov 2007
Location: The Hague, NL
Programs: GMLFL, Life 2.0 - Mucci Premiere Classe & des Chevaliers Toulousiens
Posts: 22,911
2A was once again unserviceable due to a broken foot rest. Wanted to put me in 2E but I got 1A in the end, which was also unserviceable because the reading light and the top light were broken. Preferred that to a middle seat though. Seems the new suites - although superior to everything else on BA - are not very well put together. Might want to take that into account when you have a choice of aircraft on a certain route.
#205
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
So the saga continues
Mailed BA last week as hadnt heard anything for a while. Just got a reply and I continue to be disappointed by their actions. Latest mail states:
"In your email you've advised that you're waiting for taxes and Avios to be refunded. Unfortunately, no taxes will be returned to you. Under EC Regulation 261/2004 the refund only applies to the fare of the booking and not the taxes. This was always an issue that was open for debate, until the European Court of Justice reached a decision in the Mennens v Emirates court case."
I hadn't realised that was the case and I do feel like that might be trying it on!
"With regards to your refund, I received an email from our Refunds team to advise the refund of Avios has been issued. However, they haven't advised how much the refund was for or when it was completed. I've asked them to clarify this and I'll respond again as soon as I get a reply."
No help at all and checking my BAEC account no further Avios have been deposited.
And of course they have totally ignored how they will compensate me for the Amex 2 for 1.
Do I have any choice apart from taking the legal route?
Any lawyers going to be at The Do tomorrow?
"In your email you've advised that you're waiting for taxes and Avios to be refunded. Unfortunately, no taxes will be returned to you. Under EC Regulation 261/2004 the refund only applies to the fare of the booking and not the taxes. This was always an issue that was open for debate, until the European Court of Justice reached a decision in the Mennens v Emirates court case."
I hadn't realised that was the case and I do feel like that might be trying it on!
"With regards to your refund, I received an email from our Refunds team to advise the refund of Avios has been issued. However, they haven't advised how much the refund was for or when it was completed. I've asked them to clarify this and I'll respond again as soon as I get a reply."
No help at all and checking my BAEC account no further Avios have been deposited.
And of course they have totally ignored how they will compensate me for the Amex 2 for 1.
Do I have any choice apart from taking the legal route?
Any lawyers going to be at The Do tomorrow?
#206
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,619
Mailed BA last week as hadnt heard anything for a while. Just got a reply and I continue to be disappointed by their actions. Latest mail states:
"In your email you've advised that you're waiting for taxes and Avios to be refunded. Unfortunately, no taxes will be returned to you. Under EC Regulation 261/2004 the refund only applies to the fare of the booking and not the taxes. This was always an issue that was open for debate, until the European Court of Justice reached a decision in the Mennens v Emirates court case."
I hadn't realised that was the case and I do feel like that might be trying it on!
"With regards to your refund, I received an email from our Refunds team to advise the refund of Avios has been issued. However, they haven't advised how much the refund was for or when it was completed. I've asked them to clarify this and I'll respond again as soon as I get a reply."
No help at all and checking my BAEC account no further Avios have been deposited.
And of course they have totally ignored how they will compensate me for the Amex 2 for 1.
Do I have any choice apart from taking the legal route?
Any lawyers going to be at The Do tomorrow?
"In your email you've advised that you're waiting for taxes and Avios to be refunded. Unfortunately, no taxes will be returned to you. Under EC Regulation 261/2004 the refund only applies to the fare of the booking and not the taxes. This was always an issue that was open for debate, until the European Court of Justice reached a decision in the Mennens v Emirates court case."
I hadn't realised that was the case and I do feel like that might be trying it on!
"With regards to your refund, I received an email from our Refunds team to advise the refund of Avios has been issued. However, they haven't advised how much the refund was for or when it was completed. I've asked them to clarify this and I'll respond again as soon as I get a reply."
No help at all and checking my BAEC account no further Avios have been deposited.
And of course they have totally ignored how they will compensate me for the Amex 2 for 1.
Do I have any choice apart from taking the legal route?
Any lawyers going to be at The Do tomorrow?
"In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004. The court held that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting from the distance of that flight and the total distance which the passenger is entitled to travel.
The reimbursement solely relates to the price of the flight itself, thus excluding taxes and charges indicated on the ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased."
#208
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
Thanks for that but if my claim was started before 22nd June should I be compensated by the rules in place at the time of my claim? The only reason I haven't had the taxes refunded is because BA have taken over a month to deal with my complaint - probably because they were waiting for this ruling.
#209
FlyerTalk Evangelist
Join Date: Nov 2007
Location: The Hague, NL
Programs: GMLFL, Life 2.0 - Mucci Premiere Classe & des Chevaliers Toulousiens
Posts: 22,911
Thanks for that but if my claim was started before 22nd June should I be compensated by the rules in place at the time of my claim? The only reason I haven't had the taxes refunded is because BA have taken over a month to deal with my complaint - probably because they were waiting for this ruling.
#210
Join Date: May 2012
Location: Ipswich
Posts: 7,543
So, if I understand that correctly - no refund on taxes if downgraded from F to J for example, as they're the same for both classes. But if downgraded from J to Y, where taxes are lower, then that would be grounds for a refund of the difference?
If so, then it seems logical enough.
If so, then it seems logical enough.