BA's reimbursement offer leaving me short
#121
Join Date: Aug 2015
Posts: 1,499
But I think we can all agree that this would be quite unlikely, given the circumstances. OP even has screenshots. I find it hard to believe that a judge would rule 295 unreasonable when a) BA didn't bother booking a room themselves, b) BA didn't tell the OP that they impose a limit, c) OP did their best in the situation they put in, d) The Regs don't stipulate a limit, other than that accommodation should be 'free'.
#122
Join Date: Aug 2010
Location: Gloucestershire
Programs: BA Gold (ex-GGL, maybe future Silver), Hilton Diamond
Posts: 6,210
My educated, but not "qualified" view, is that it will depend on what is reasonable in all the circumstances.
BA's lack of action and guidance certainly plays a role here.
My view is that there is no strict financial cap - but clearly if the Conrad is going for 150 per night, it's not reasonable to stay at the Park Lane Hilton for 700 when someone else is paying. So a lot depends on what the OP actually did. If the filters were used, that could exclude a lot of options, but as even the Leonardo and the Park Inn are 4*s with a rating >8.0 on booking.com, I think that's frankly the least that anyone can be expected to do.
(I'd consider both of those to be three stars with a rating of about 7/10).
If, in that context, those were the cheapest and closest options to Heathrow (and not "London") then it seems as though he has mitigated his loss from BA's breach as much as anyone could. If he has done that, the 200 cap from BA is arbitrary and not actually documented in the contract.
If, however, the OP usually stays at Premier Inns near the airport but decided he wanted a 5* in Central London for the night, even though he could have got something decent and close to the airport for much less, 200 is frankly generous. I'm not suggesting that it is the case, but 295 would not be recoverable in those circumstances.
In general, in the absence of guidance, I'd suggest that the OP's obligation is to find the cheapest acceptable accommodation, in line with his usual travel style or expenses budget, in a reasonably close location, with a modicum of effort (maybe 10-15 minutes). He doesn't need to document that in any great detail, but should be able to give evidence to that effect.
BA's lack of action and guidance certainly plays a role here.
My view is that there is no strict financial cap - but clearly if the Conrad is going for 150 per night, it's not reasonable to stay at the Park Lane Hilton for 700 when someone else is paying. So a lot depends on what the OP actually did. If the filters were used, that could exclude a lot of options, but as even the Leonardo and the Park Inn are 4*s with a rating >8.0 on booking.com, I think that's frankly the least that anyone can be expected to do.
(I'd consider both of those to be three stars with a rating of about 7/10).
If, in that context, those were the cheapest and closest options to Heathrow (and not "London") then it seems as though he has mitigated his loss from BA's breach as much as anyone could. If he has done that, the 200 cap from BA is arbitrary and not actually documented in the contract.
If, however, the OP usually stays at Premier Inns near the airport but decided he wanted a 5* in Central London for the night, even though he could have got something decent and close to the airport for much less, 200 is frankly generous. I'm not suggesting that it is the case, but 295 would not be recoverable in those circumstances.
In general, in the absence of guidance, I'd suggest that the OP's obligation is to find the cheapest acceptable accommodation, in line with his usual travel style or expenses budget, in a reasonably close location, with a modicum of effort (maybe 10-15 minutes). He doesn't need to document that in any great detail, but should be able to give evidence to that effect.
#123
Moderator: British Airways Executive Club
Join Date: Jan 2009
Programs: Battleaxe Alliance
Posts: 22,128
This is just my personal view but it's unreasonable of an airline to expect me to stay in a 3* accommodation if I am in cash F (or A), whereas if I am in discount economy, that's all I deserve to get as long as it's clean, safe and reasonably accessible from the airport, because I chose to travel in airline equivalent of 1* or 2* by choosing to be in discount economy class.
#124
Join Date: Nov 2014
Posts: 935
My educated, but not "qualified" view, is that it will depend on what is reasonable in all the circumstances.
BA's lack of action and guidance certainly plays a role here.
My view is that there is no strict financial cap - but clearly if the Conrad is going for 150 per night, it's not reasonable to stay at the Park Lane Hilton for 700 when someone else is paying. So a lot depends on what the OP actually did. If the filters were used, that could exclude a lot of options, but as even the Leonardo and the Park Inn are 4*s with a rating >8.0 on booking.com, I think that's frankly the least that anyone can be expected to do.
(I'd consider both of those to be three stars with a rating of about 7/10).
If, in that context, those were the cheapest and closest options to Heathrow (and not "London") then it seems as though he has mitigated his loss from BA's breach as much as anyone could. If he has done that, the 200 cap from BA is arbitrary and not actually documented in the contract.
If, however, the OP usually stays at Premier Inns near the airport but decided he wanted a 5* in Central London for the night, even though he could have got something decent and close to the airport for much less, 200 is frankly generous. I'm not suggesting that it is the case, but 295 would not be recoverable in those circumstances.
In general, in the absence of guidance, I'd suggest that the OP's obligation is to find the cheapest acceptable accommodation, in line with his usual travel style or expenses budget, in a reasonably close location, with a modicum of effort (maybe 10-15 minutes). He doesn't need to document that in any great detail, but should be able to give evidence to that effect.
BA's lack of action and guidance certainly plays a role here.
My view is that there is no strict financial cap - but clearly if the Conrad is going for 150 per night, it's not reasonable to stay at the Park Lane Hilton for 700 when someone else is paying. So a lot depends on what the OP actually did. If the filters were used, that could exclude a lot of options, but as even the Leonardo and the Park Inn are 4*s with a rating >8.0 on booking.com, I think that's frankly the least that anyone can be expected to do.
(I'd consider both of those to be three stars with a rating of about 7/10).
If, in that context, those were the cheapest and closest options to Heathrow (and not "London") then it seems as though he has mitigated his loss from BA's breach as much as anyone could. If he has done that, the 200 cap from BA is arbitrary and not actually documented in the contract.
If, however, the OP usually stays at Premier Inns near the airport but decided he wanted a 5* in Central London for the night, even though he could have got something decent and close to the airport for much less, 200 is frankly generous. I'm not suggesting that it is the case, but 295 would not be recoverable in those circumstances.
In general, in the absence of guidance, I'd suggest that the OP's obligation is to find the cheapest acceptable accommodation, in line with his usual travel style or expenses budget, in a reasonably close location, with a modicum of effort (maybe 10-15 minutes). He doesn't need to document that in any great detail, but should be able to give evidence to that effect.
#125
Join Date: Dec 2016
Programs: QF, BA
Posts: 102
I know this is digging up an old thread but it seemed most relevant.
My flight from EDI returned to gate and then cancelled. As it was the last flight out, staff had gone home and we were told to book our accommodation.
Long story short, BA have paid out EC261 compensation and for expenses incurred (hotel, transfer, meal).
However, BA have paid 200 of 209 for the hotel room as that's company policy that needs to be consistently applied to be fair to all customers. I've challenged it on principle as this limit wasn't told to me and given it was 10:30pm night of, this was the cheapest rate.
After a few emails back and forth with customer relations, they aren't budging and insist they have fulfilled all obligations. They've also said "were unable to respond to any further requests for a further refund" which I think is terrible customer service.
I've also offered to credit avios in lieu, or donate it to Comic Relief of which both suggestions have been turned down.
Putting the amount aside, what's the general consensus? Is this sort of behaviour by BA worth challenging through MOCL?
My flight from EDI returned to gate and then cancelled. As it was the last flight out, staff had gone home and we were told to book our accommodation.
Long story short, BA have paid out EC261 compensation and for expenses incurred (hotel, transfer, meal).
However, BA have paid 200 of 209 for the hotel room as that's company policy that needs to be consistently applied to be fair to all customers. I've challenged it on principle as this limit wasn't told to me and given it was 10:30pm night of, this was the cheapest rate.
After a few emails back and forth with customer relations, they aren't budging and insist they have fulfilled all obligations. They've also said "were unable to respond to any further requests for a further refund" which I think is terrible customer service.
I've also offered to credit avios in lieu, or donate it to Comic Relief of which both suggestions have been turned down.
Putting the amount aside, what's the general consensus? Is this sort of behaviour by BA worth challenging through MOCL?
#126
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: 64,082
If you want your 9 back I would issue MCOL forthwith (BA have made it clear that you don't need to give any more notice), and I am reasonably confident you will get the full amount paid. BA will also have to pay the court costs and tie down an expensive member of the legal team along the way.
#129
Join Date: Aug 2012
Location: Provincie Antwerpen, Vlaanderen, Belgi
Programs: MUCCI Gold
Posts: 2,512
#130
Join Date: Dec 2016
Programs: QF, BA
Posts: 102
Have a look at the main EC261 thread, via the Dashboard, and there is a very recent case of the 200 limit being challenged. I don't think you should complicate it by involving the charity donation.
If you want your 9 back I would issue MCOL forthwith (BA have made it clear that you don't need to give any more notice), and I am reasonably confident you will get the full amount paid. BA will also have to pay the court costs and tie down an expensive member of the legal team along the way.
If you want your 9 back I would issue MCOL forthwith (BA have made it clear that you don't need to give any more notice), and I am reasonably confident you will get the full amount paid. BA will also have to pay the court costs and tie down an expensive member of the legal team along the way.
Reimbursing 9 short is quite petty and you would think common sense would prevail and grant the reimbursement. I'm more interested in challenging the legal basis of BA's policy and if I get the money back, that would be a nice bonus.
Are there repercussions in pursuing this further? Suspension of BAEC, upgrade blacklist, etc?
#131
Join Date: Mar 2012
Location: BHX
Programs: BA GGL CCR GfL, SQ Gold, Hyatt Glob, HH Diamond, Marriott Plat, Cafe Nero Loyalty Card (7 Stamps)
Posts: 7,367
#132
Join Date: Oct 2007
Programs: BAEC Gold, TK * A Gold, Qatar Gold
Posts: 117
I have just read this whole thread and felt very sorry for the OP, it looked like they had little choice and it was late at night. It made me think of an experience I had with BA at the end of the year and whether or not BA had been reasonable. I am a GCH and had used a RFS in Club Europe to DUB from LHR and was due to return to London on 30th Dec 16. I was not in DUB but Athlone a good 70 or 80 miles away and was dependent on public transport to get to and from the airport. A few hours before my evening flight was due to leave I got a text from BA saying my flight was cancelled and I should log into the app to accept/reject an alternative flight. The app was not working so eventually I called the gold line who told me I had been rebooked on the 0700hr departure the next day. If I did not take this then there were no other flights available for a few days (as it was New Year). I explained that I could not get to Dub for that time in the morning and would they provide a hotel and I was told very clearly that as the cancellation was due to weather (fog at LHR) this was not their problem. I ended up getting someone to give me a lift (involving a 4am start), the 7am flight was then delayed a couple of hours and there was no catering at all - simply a glass of water. I had accepted their comment that they had no responsibilty for me as the issue was weather related but after reading this thread I am no longer sure that was the case? Could I have claimed and if so is it too late to claim now? Additional costs were not huge, mainly fuel for my lift but it left a very sour taste in my mouth for some weeks!
#133
Join Date: Jun 2013
Posts: 948
I have just read this whole thread and felt very sorry for the OP, it looked like they had little choice and it was late at night. It made me think of an experience I had with BA at the end of the year and whether or not BA had been reasonable. I am a GCH and had used a RFS in Club Europe to DUB from LHR and was due to return to London on 30th Dec 16. I was not in DUB but Athlone a good 70 or 80 miles away and was dependent on public transport to get to and from the airport. A few hours before my evening flight was due to leave I got a text from BA saying my flight was cancelled and I should log into the app to accept/reject an alternative flight. The app was not working so eventually I called the gold line who told me I had been rebooked on the 0700hr departure the next day. If I did not take this then there were no other flights available for a few days (as it was New Year). I explained that I could not get to Dub for that time in the morning and would they provide a hotel and I was told very clearly that as the cancellation was due to weather (fog at LHR) this was not their problem. I ended up getting someone to give me a lift (involving a 4am start), the 7am flight was then delayed a couple of hours and there was no catering at all - simply a glass of water. I had accepted their comment that they had no responsibilty for me as the issue was weather related but after reading this thread I am no longer sure that was the case? Could I have claimed and if so is it too late to claim now? Additional costs were not huge, mainly fuel for my lift but it left a very sour taste in my mouth for some weeks!
Some things are exempt from monetary compensation, but they are still required to provide a hotel and transfer to and from the hotel.
BA thus lied to you.
#134
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,216
Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
#135
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,216
@joequimby
Thinking about it what I would do is now ignore customer services and just write to the legal department at Waterside (which is what I did over a ong delay over a refund and it seemed to unblock it)
Outline the facts and point out the wording of Article 9.1 that clearly states 'free' and the regulation over rides anything in their T&Cs / CoC etc
Tell them you'll give them 14 days to pay otherwise you'll go to MCOL. No doubt they'll have a laugh then realise paying you 9 will be a lot cheaper than defending the case.
Thinking about it what I would do is now ignore customer services and just write to the legal department at Waterside (which is what I did over a ong delay over a refund and it seemed to unblock it)
Outline the facts and point out the wording of Article 9.1 that clearly states 'free' and the regulation over rides anything in their T&Cs / CoC etc
Tell them you'll give them 14 days to pay otherwise you'll go to MCOL. No doubt they'll have a laugh then realise paying you 9 will be a lot cheaper than defending the case.