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BA's reimbursement offer leaving me short

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Old Aug 18, 2017, 5:54 am
  #166  
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Originally Posted by joequimby
Just to provide an update, I've received notification that BA have responded and intends to defend all of this claim. They now have 28 days to file a further response.
It's fairly standard with BA (and many other large organisations), I'd almost be more surprised if they rolled over at this point. The timetable is quite challenging so filing a defence will give them time to get the information together. I wouldn't read much into it.
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Old Aug 18, 2017, 7:37 am
  #167  
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It has already cost BA orders of magnitude over the GBP 9, to get to the point of advising that it will defend. This signals an adherence to policy.

I suppose that the issue at hand is not the GBP 9, but the problem of setting a limit. What if it is GBP 10 over? What, as someone pointed out a good while ago, it is 1,300 at the Ritz?

BA may well be looking for a case with little downside to litigate.

As an operating business, BA litigates, settles or caves in for purely business reasons. No principles or other points made or taken.
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Old Aug 18, 2017, 7:58 am
  #168  
 
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Originally Posted by joequimby
Sigh.
Don't worry, this is standard. Go for the arbitration option, and ask for your £9 refund and a £x00 travel voucher for the hassle. They'll wrap up by saying it is conditional on an NDA, so you may wish to text a friend what they offer you before they ask for the NDA
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Old Aug 18, 2017, 8:24 am
  #169  
 
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Originally Posted by T8191
The round numbers do seem to indicate some arbitary limit, though.

And I share the reservation (whoops) about going for a Central London hotel. There must be many dozens of cheaper options within 10 miles of LHR, just a taxi ride away.

Apologies if that seems like a dig at the OP, but I lived/worked in the area for decades. Woking, Uxbridge, Richmond, Windsor ... they're all relatively nearby and surely cheaper than Central London which has to be the most expensive option.
Nail on head. You lived and worked in the area. The OP is from Scotland. How on earth is he supposed to have the knowledge of the area you do.

Pay up BA. You've already acknowledged there is such limited availability you have given up sorting it for the OP. If there was an option within 10 miles, why on earth did BA not book it for him?
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Old Aug 18, 2017, 9:39 am
  #170  
 
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Originally Posted by kingcole974
Nail on head. You lived and worked in the area. The OP is from Scotland. How on earth is he supposed to have the knowledge of the area you do.

Pay up BA. You've already acknowledged there is such limited availability you have given up sorting it for the OP. If there was an option within 10 miles, why on earth did BA not book it for him?
Exactly. If there are cheaper hotels in the area then why didn't BA just book one for the OP? EC261 says the traveller shall be offered:

(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

I don't see any reference to allowances or the traveller being required to make their own arrangements.

And why would OP be expected to have an geographic knowledge of Woking, Uxbridge etc. Any more than I would have a working knowledge of accommodation available in the suburbs of Glasgow. Bizarre comment really.
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Old Aug 19, 2017, 4:28 pm
  #171  
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Originally Posted by simons1
Exactly. If there are cheaper hotels in the area then why didn't BA just book one for the OP? EC261 says the traveller shall be offered:

(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

I don't see any reference to allowances or the traveller being required to make their own arrangements.

And why would OP be expected to have an geographic knowledge of Woking, Uxbridge etc. Any more than I would have a working knowledge of accommodation available in the suburbs of Glasgow. Bizarre comment really.
There are many requirements in EC 261/2004, including the requirement that the operating carrier ante up. But, carriers don't. Nothing happens and nothing will. If you make a claim for EUR 600 on a 4-hour delay for a Type 3 flight and sue and win, you will get your EUR 600, but the carrier won't be any the worse off than had it paid up the EUR 600 on the day after the flight.
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Old Aug 19, 2017, 4:56 pm
  #172  
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Just to reiterate the regulation states 'free' accommodation.

thats pretty clear!
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Old Aug 19, 2017, 9:11 pm
  #173  
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"Local knowledge" is surely easily obtained via Google Maps/Hotels?

I'm not stirring anything other than to note that option.
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Old Aug 19, 2017, 9:28 pm
  #174  
 
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Originally Posted by T8191
"Local knowledge" is surely easily obtained via Google Maps/Hotels?

I'm not stirring anything other than to note that option.
Google is banned in China, unfortunately. And not all travelers are computer/mobile savvy, such as elderly people.
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Old Aug 19, 2017, 10:22 pm
  #175  
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Originally Posted by roy2016
Google is banned in China, unfortunately. And not all travelers are computer/mobile savvy, such as elderly people.
As the OP was at London (Heathrow) Airport, the Chinese dimension may not have a lot of relevance.

As an 'elderly' person, I find operating my iPad and other devices slightly challenging at times. I blame the wine, usually.

"Uncle T"
A less elderly 72-yo
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Old Aug 19, 2017, 10:44 pm
  #176  
 
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No wifi

I think whether one may have access to wifi or a international data plan might make a difference. Had that problem after ordering an Uber, but the area where they asked us to wait was outside the airport wifi network (Heathrow). I saw a different plate shown (maybe the default one ) so didn't know my driver was already there.
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Old Aug 20, 2017, 12:46 am
  #177  
 
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There is little doubt in my mind that the reimbursement stance is to put people off spending / claiming.

Look how hard it is to get any money back from BA.

Imagine a family of four being stranded at an airport, going on holiday, faced with a £400 bill for two rooms, which they may or may not get back, or simply sleeping on the airport floor to guarantee they won't be left with a £400 bill. My family certainly wouldn't have had £400 lying around to waste on one nights hotel stay when we were kids. That would more likely have been their entire spending budget for a week in Spain.

I think we've reached a point with EU261 that the issue is not the legislation but the enforcement of it. I don't know when EU261 was last updated but it needs a few modifications, specifically something like:

- the airlines must either book/pay for a room themselves OR give the pax a flat €XXX at the airport (regardless of what the pax then books)
- money for food/drink etc should either be paid at the airport at the time of delay OR the airline should provide this at the time (not tell them to claim it later).

The current reg works great for those with AmEx cards or money in the bank but it's the poorest who get hit hardest - those who don't have the ability to book expensive airport hotels and so on. It isn't fair.

I always use the "what would my parents do" viewpoint and I can tell you now they would fall for all of the above problems. They would accept a measly £50 prepaid card instead of their €600 entitlement and genuinely believe they've signed away their rights; even if they haven't. They would sleep on the airport floor rather than pay £200 for a hotel because they simply wouldn't know any better.

Rant over.
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Old Aug 20, 2017, 1:21 am
  #178  
 
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Originally Posted by T8191
"Local knowledge" is surely easily obtained via Google Maps/Hotels?

I'm not stirring anything other than to note that option.
Well with respect your comment was on the basis of "having lived and worked in the area for decades" which is hardly the same thing.

And the OP did say he/she had used hotels.com
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Old Aug 20, 2017, 1:57 am
  #179  
 
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I would suggest one other amendment to EU261, if a customer is lied to or their claim wrongly denied they are entitled to an additional payment and the airline is fined with the management personally liable for the payments - probably not practical though!
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Old Aug 20, 2017, 3:01 am
  #180  
 
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How much could/should BA be expected to pay? Here are two stories from my past:

Many moons ago, I ended up giving my father the mumps while we were on holiday in Gibraltar. Insurance company was not happy about paying for a week or two at The Rock Hotel - surely there must be cheaper, they said.

My mother produced receipts showing we had stayed there a few times before, and the insurance company paid up. So, yes, BA - if it can't be bothered organising something itself - could find itself liable for The Ritz, in my opinion.

The other story.

Again, decades ago, I went with a pal for an RAF Flying Scholarship interview at RAF Biggin Hill. We took the overnight train down and went for breakfast at Fortnum and Masons. The sergeant, when we gave him the receipt, said: Fortnum and Masons, Queen's bloody grocers, twenty quid - what sort of lark is this?

I replied: But sergeant, we always eat at Fortnums when we are in London.

With some muttering about wannabe officers and CCF cadets he signed the chit!
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