The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Jun 27, 2017, 4:20 am
#946
Join Date: Nov 2010
Location: Milton Keynes
Programs: BA Blue
Posts: 373
Unless BA had been willing to find you an alternative option at the time, I don't see the need to compromise. The guidelines they put in place are purely of BA's making, and while I can see this actually is very sensible (given the number of "what is reasonable" questions we see here and most people are perhaps able to adapt to the circumstances better), it actually has nothing to do with your entitlements under the Regulation. There are no specific limits in the Regulation, moreover BA failed in their Right of Care responsibilities. On top of that, there is a very specific clause in the Regulation that underlines the importance of Right of Care to those with disabilities, which admittedly is non specific, but if it had to be specifically applied then it would be on something like this. Ditto food and transport, incidentally.
If this got to court, I'm 100% sure this would not get past initial pleadings. Which, of course, is why it won't get to court.
If this got to court, I'm 100% sure this would not get past initial pleadings. Which, of course, is why it won't get to court.
Thanks for coming back to us about your flight from New York. You’re clearly unhappy with the compensation we’ve offered you and I understand why, but please let me explain our position.
You think our contribution towards your expenses isn’t appropriate for what you went through. When we’re disrupted on such a huge scale, we have to decide what we’ll cover depending on how our customers were affected.
We know we have a responsibility to help you as much as we can. The contribution we’ve made towards your claim is in line with what we can offer and I hope you’ll understand we have to be consistent so we’re fair to all our customers. This means we can’t make an exception this time and I’m so sorry to let you down.
I’m afraid your total claim is more than what we consider to be reasonable costs for hotels. Have you considered making a claim through your travel insurance? If you need any documentation, please reply to this email using the blue link below and I’ll be happy to help where I can.
Clearly they are ignoring anything I say so I presume I now take this to the small claims court or CEDR? Or is there another BA channel?
Jun 27, 2017, 4:25 am
#947
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,821
Ask them for a CEDR deadlock letter "since I'm unable to let the matter rest". I'd actually take it to MCOL, it will probably be faster.
Jun 27, 2017, 4:42 am
#948
Join Date: Nov 2010
Location: Milton Keynes
Programs: BA Blue
Posts: 373
Thanks c-w-s.
I've informed them that I'm persuing the claim through MCOL.
I've informed them that I'm persuing the claim through MCOL.
Jun 27, 2017, 4:42 am
#949
Join Date: May 2015
Programs: BAEC back to silver, Flying Blue Silver
Posts: 406
Yes, unless the technical delay - on its own - was over 3 hours long, I can't see this going anywhere. Being upgrade or a redemption ticket makes no difference, they are still entitled to compensation, but only for the non extraordinary bit. The time limit for claiming depends on where you live, see the initial posts, but you have years to claim, not days.
No compensation for me then, but I had no real issues other than waste of leisure time, as opposed to others who actually had work to do etc. Those who missed flight connections were very well taken care off.
Last edited by Great_circle; Jun 27, 2017 at 4:52 am
Jun 27, 2017, 6:58 am
#950
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,063
Third Party booking problems
I paid for nine seats through Gotogate, a travel agent. The outbound flight was cancelled by BA as a result of their IT problems.
BA tell me that the outbound tickets are eligible for refund, which must be by the third party, who then reclaim from BA.
The third party are not at all helpful and keep trying to pass the 'buck' back to BA and I'm getting nowhere.
I'm desperately seeking advice, as to who to call to escalate this.
Gotogate gave me a number to call, in Sweden, which turned out to be BA, who of course advised me to call Gotogate and so it goes on!
Today, I received an email from another third party agent, with whom I booked a further seat for this ill-fated flight. They are processing the refund to my card, so why can't Gotogate?
BA tell me that the outbound tickets are eligible for refund, which must be by the third party, who then reclaim from BA.
The third party are not at all helpful and keep trying to pass the 'buck' back to BA and I'm getting nowhere.
I'm desperately seeking advice, as to who to call to escalate this.
Gotogate gave me a number to call, in Sweden, which turned out to be BA, who of course advised me to call Gotogate and so it goes on!
Today, I received an email from another third party agent, with whom I booked a further seat for this ill-fated flight. They are processing the refund to my card, so why can't Gotogate?
Last edited by botham; Jun 27, 2017 at 7:30 am Reason: Addition
Jun 27, 2017, 7:58 am
#951
Join Date: Jan 2008
Posts: 1,492
Gotogate don't have the best reputation
In reality this should be simple
flight cancelled, airline refund due to passenger > passenger requests refund from their agent > agent requests refund from airline > airline refunds agent > agent refunds passenger (less their 'service' fee) the whole process can take some weeks
Until Gotogate request the refund from BA this will go nowhere
In reality this should be simple
flight cancelled, airline refund due to passenger > passenger requests refund from their agent > agent requests refund from airline > airline refunds agent > agent refunds passenger (less their 'service' fee) the whole process can take some weeks
Until Gotogate request the refund from BA this will go nowhere
Jun 27, 2017, 8:16 am
#952
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,063
Gotogate don't have the best reputation
In reality this should be simple
flight cancelled, airline refund due to passenger > passenger requests refund from their agent > agent requests refund from airline > airline refunds agent > agent refunds passenger (less their 'service' fee) the whole process can take some weeks
Until Gotogate request the refund from BA this will go nowhere
In reality this should be simple
flight cancelled, airline refund due to passenger > passenger requests refund from their agent > agent requests refund from airline > airline refunds agent > agent refunds passenger (less their 'service' fee) the whole process can take some weeks
Until Gotogate request the refund from BA this will go nowhere
Jun 27, 2017, 10:17 am
#953
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,821
Did you pay via a UK issued credit card? If so it may be eligible for a Section 75 refund if the travel agency doesn't help further. Alternatively travel insurance. If all else fails, MCOL (via the EU wide scheme). It doesn't surprise me that the OTA is unhelpful, they aren't set up to handle this situation, I think people need to be aware of these pitfalls before going down this route.
Jun 27, 2017, 10:31 am
#954
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,063
Did you pay via a UK issued credit card? If so it may be eligible for a Section 75 refund if the travel agency doesn't help further. Alternatively travel insurance. If all else fails, MCOL (via the EU wide scheme). It doesn't surprise me that the OTA is unhelpful, they aren't set up to handle this situation, I think people need to be aware of these pitfalls before going down this route.
Good point about Section 75, which I put in motion earlier.
Travel insurance doesn't cover me, as I merely paid for the tickets.
I didn't realise the MCOL route operated in EU as well.
Jun 27, 2017, 10:40 am
#955
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,821
It's not strictly MCOL, I used too much shorthand there, but there is a small claims mechanism that can be served from the UK via other EU courts, and that include Swedish companies. g2g is actually owned by a respectable Swedish holding company, I would hope it would not come to that.
Jun 27, 2017, 2:47 pm
#956
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,063
It's not strictly MCOL, I used too much shorthand there, but there is a small claims mechanism that can be served from the UK via other EU courts, and that include Swedish companies. g2g is actually owned by a respectable Swedish holding company, I would hope it would not come to that.
Jun 28, 2017, 2:20 am
#957
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,063
Gotogate aka Supersaver travel, Sweden have just told me that is in their t&c not to process refunds. Only the airline can deal with this, which is of course, exactly the opposite of what BA say.
Could be an expensive mistake, but I am getting very tired investigating this debacle.
Supersaver travel have just given me a number to call to sort out this mess. Guess what.... it is an automated information line.
Could be an expensive mistake, but I am getting very tired investigating this debacle.
Supersaver travel have just given me a number to call to sort out this mess. Guess what.... it is an automated information line.
Last edited by botham; Jun 28, 2017 at 2:23 am Reason: Addition
Jun 28, 2017, 2:36 am
#958
Join Date: Aug 2015
Programs: BA Gold
Posts: 85
Is this the right thread to discuss Dove vs Iberia? Interested to hear cws' and others' views.
Jun 28, 2017, 3:20 am
#959
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,821
This was a District Judge ruling where Iberia had to refund the return leg of a flight which was auto cancelled due to the passenger missing the outbound. It's not directly EC261, and knowing Iberia's approach to legal issues, not at all binding on other cases. It's importance has been considerably overstated by The Independent -this was nowhere near appellate status, though that could still happen.
Jun 28, 2017, 8:04 am
#960
Join Date: May 2017
Posts: 64
I'm pleasantly surprised that BA have agreed to my claim of 600 Euros - I mean, it would be nice if it hadn't taken a month but I'm not going to push my luck 
So, in summary, due to BA0048 (SEA - LHR) being cancelled and then I was involuntarily rerouted on Virgin Atlantic (no big deal tbh) and then stuck in LHR until arriving in EDI 5 hours late results in 600 - I think this is actually to the letter of the rules and it's the cancellation of the SEA - LHR leg that made the difference rather than "just being late".
I'm happy (and got my status extension to 2020 as well). I know we say bad things about BA but I actually think they've handled the fallout from this reasonably well albeit slowly.
So, in summary, due to BA0048 (SEA - LHR) being cancelled and then I was involuntarily rerouted on Virgin Atlantic (no big deal tbh) and then stuck in LHR until arriving in EDI 5 hours late results in 600 - I think this is actually to the letter of the rules and it's the cancellation of the SEA - LHR leg that made the difference rather than "just being late".
I'm happy (and got my status extension to 2020 as well). I know we say bad things about BA but I actually think they've handled the fallout from this reasonably well albeit slowly.