BA Meals - Complimentary?

Old Jun 19, 17, 5:24 am
  #106  
 
Join Date: Oct 2016
Posts: 698
Originally Posted by LHR/MEL/Europe FF View Post
There is no doubt from the picture it is a compressed facial tissue, not a tampon. And the liquid in both cases is some sort of spilled drink... cola or coffee, or similar.
I think some people (the men?) on here need to use Google images NOW for tampons and sanitary towels/liners.

It is not a tampon. It is not a facial tissue, compressed or otherwise - you can see the adhesive area through the covering. Most facial tissues don't have adhesive .
MarkFlies is offline  
Old Jun 19, 17, 5:27 am
  #107  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,201
Originally Posted by MarkFlies View Post
It is not a facial tissue, compressed or otherwise - you can see the adhesive area through the covering. Most facial tissues don't have adhesive .
I was referencing the third image on the original post... the earlier picture is a sanitary pad. The last one is just some tissue which the OP is claiming is a tampon?
LHR/MEL/Europe FF is offline  
Old Jun 19, 17, 5:29 am
  #108  
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 14,888
Originally Posted by LHR/MEL/Europe FF View Post
There is no doubt from the picture it is a compressed facial tissue, not a tampon. And the liquid in both cases is some sort of spilled drink... cola or coffee, or similar.

Perhaps unfortunately, the meal issue and the argument for compensation in general, has been diminished or lost on the customer relations team in the hyperbole of tampons and urine?



I could be wrong but my reading was not that food wasn't available for breakfast, just the hot vegetarian option was not available (post #77 ). Were there other options such as the cereal and pastries offered and available? (Not that that makes up entirely for the lack of special meal, but it means the OP didn't have to go completely without.)
Yes, I agree with you on all your comments.
Tobias-UK is offline  
Old Jun 19, 17, 5:45 am
  #109  
 
Join Date: May 2012
Location: Ipswich
Posts: 7,542
Originally Posted by LHR/MEL/Europe FF View Post
I was referencing the third image on the original post... the earlier picture is a sanitary pad. The last one is just some tissue which the OP is claiming is a tampon?
The OP isn't claiming the third pic is a tampon - he (has to be a man in this case I feel) said twice that it was in the drawer. That tissue is in a side bin where the spilt liquid is.
windowontheAside is offline  
Old Jun 19, 17, 5:47 am
  #110  
Senior Mod and Moderator: Aegean Miles&Bonus and British Airways
 
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Spire Ambassador
Posts: 7,439
A few months ago, I found a used tissue with a rather unpleasant substance on it lurking in the documents pocket in front of 1A on a CE flight. I told the CSD, she removed it and we got on with the flight. I thought about submitting a note purely because it was at a time when BA's cleaning was pretty much at its nadir, but in the end I decided it simply wasn't worth it given everything else was fine.

If I found a unused sanitary towel, which this clearly is, I'd probably hand it to the crew, explain where I found it so they could feedback the cleaning failure, and forget about it. I'm really not delicate enough to worry about such things at my age.

I do accept others are different and I can see that they might find coming across something such as this and having to deal with it a little embarrassing. The OP may or may not fall into this category.

If my special meal wasn't loaded and I was offered a less satisfactory but still compliant alternative, I'd eat it - but yes, I probably would complain afterwards (although I wouldn't have used the Twitter team to order in the first place). What would I expect for that? A couple of thousand or so Avios per meal, maybe.

Add the two together and you're probably looking at 5k compensation, much more for inconvenience than real loss suffered - which is really what CS recovery is, let's face it. Maybe, just maybe, because it was Business Class BA might be pushed to 10k.

Those who have advocated batting for 50k, or the difference in fare between WT (not even WTP? ) are just giving the OP false expectations as to what will happen here, and may end up costing him when his claim is laughed out at CEDR or MCOL. I am absolutely convinced that BA would fight a claim of that level. At 5-10k they quite possibly wouldn't even bother.

Some realism on the part of the OP is needed here. Those who encourage recklessly disproportionate claims do him a disservice.
NWIFlyer is offline  
Old Jun 19, 17, 5:54 am
  #111  
Suspended
 
Join Date: Dec 2005
Posts: 9,916
Originally Posted by Tobias-UK View Post
You are more likely to see a flying pig than a court provide that kind of relief. The OP has not established a bona fide claim as yet, yes there were lapses in the service standard but as yet he has not established a convincing claim.
That's what a judge will decide.

Originally Posted by Tobias-UK View Post
Perhaps you would be kind enough to share your basis in law for asserting that the OP is entitled to the difference in the Club World fare and the World Traveller fare? I'm afraid making such a wild claim is nonsense and will not assist the OP in resolving his issue.
The article I linked to cited "Loss of enjoyment" which based on how BA markets CW might have validity in a judge's eyes.

"The couple certainly have clear grounds for complaint. If a website states theres a new restaurant and a swimming pool at the hotel, then unless it is made clear at the time of booking these facilities should be available. If not, it is a breach of contract. Noise from a kitchen is harder because the key component of a successful complaint is to give the owner a chance to put things right or to offer you an alternative solution. If you tell the manager about a problem such as noise early in your stay and nothing is done, then youre on stronger ground."

Originally Posted by Tobias-UK View Post
The onus is on the Claimant (Plaintiff) to prove his claim and to establish quantum, it's not for the judge to establish the value of a claim.

There is no suggestion the OP's seat was broken or that his seat was filthy, I'm sure if it were the case we would have been told. What we do know is there was a wrapped, unopened sanitary item in one drawer (no big deal) and some spilt substance inside the side cupboard (likely coke it should have been cleaned up, but it wasn't but the OP has not suffered any loss as a result).

We are also told the OP missed out on a vegetarian meal. We also know that he refused a vegetarian meal because it was not to his liking. How is any of this worth the difference in a business class fare and an economy class fare? You offer the OP wholly unrealistic expectations.
I did state OP needs to establish what he believes is the value of his loss. The judge will decide if it's too low or too high.

OP's only risk in California is $30, the costs of getting to and from the court and his time. If OP wins, I believe he recovers these costs as well.

If OP can establish the fare difference what he paid vs. what BA sells the cheapest seat for on the flight, then he can establish what he feels his loss in based on what was advertised vs. what BA delivered which was a flight from LAX to LHR.

While you obviously feel OP's claim is frivolous and it may be - I have outlined OP's risks - the money and time - and the potential upside - If the fare difference is $2,500 claiming $500 to $750 might seem reasonable to the judge - or not.
elitetraveler is offline  
Old Jun 19, 17, 5:59 am
  #112  
FlyerTalk Evangelist
 
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,201
Originally Posted by windowontheAside View Post
The OP isn't claiming the third pic is a tampon - he (has to be a man in this case I feel) said twice that it was in the drawer. That tissue is in a side bin where the spilt liquid is.
Yes - you would have thought so! But given the very few Western adults [flying business class] who would have a valid excuse for not knowing the difference between a sanitary napkin and a tampon, I was left only to think the OP was referencing the tissue.
LHR/MEL/Europe FF is offline  
Old Jun 19, 17, 6:05 am
  #113  
 
Join Date: Nov 2015
Location: London
Programs: BA Gold
Posts: 1,382
Does this help gents

https://wholesaler.alibaba.com/produ...385361447.html
dougzz is offline  
Old Jun 19, 17, 6:38 am
  #114  
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 14,888
Originally Posted by elitetraveler View Post
That's what a judge will decide.



The article I linked to cited "Loss of enjoyment" which based on how BA markets CW might have validity in a judge's eyes.

"The couple certainly have clear grounds for complaint. If a website states theres a new restaurant and a swimming pool at the hotel, then unless it is made clear at the time of booking these facilities should be available. If not, it is a breach of contract. Noise from a kitchen is harder because the key component of a successful complaint is to give the owner a chance to put things right or to offer you an alternative solution. If you tell the manager about a problem such as noise early in your stay and nothing is done, then youre on stronger ground."



I did state OP needs to establish what he believes is the value of his loss. The judge will decide if it's too low or too high.

OP's only risk in California is $30, the costs of getting to and from the court and his time. If OP wins, I believe he recovers these costs as well.

If OP can establish the fare difference what he paid vs. what BA sells the cheapest seat for on the flight, then he can establish what he feels his loss in based on what was advertised vs. what BA delivered which was a flight from LAX to LHR.

While you obviously feel OP's claim is frivolous and it may be - I have outlined OP's risks - the money and time - and the potential upside - If the fare difference is $2,500 claiming $500 to $750 might seem reasonable to the judge - or not.
Not a cat in hells chance of success, I'm afraid. There is simply no basis in law or in fact to sustain a claim in the terms you suggest. The OP should not waste his time on such a whimsical claim.

As for your link, I didn't read it, I don't rely on the views of journalists when it comes to matters of law.
Tobias-UK is offline  
Old Jun 19, 17, 6:45 am
  #115  
Suspended
 
Join Date: Dec 2005
Posts: 9,916
Originally Posted by Tobias-UK View Post
Not a cat in hells chance of success, I'm afraid. There is simply no basis in law or in fact to sustain a claim in the terms you suggest. The OP should not waste his time on such a whimsical claim.

As for your link, I didn't read it, I don't rely on the views of journalists when it comes to matters of law.
It's actually from a lawyer, interview by a journalist -


"As Peter McCarthy of Which? Legal Service points out"

"It can be difficult to quantify, but if it’s possible to put a figure on the lost amenities or services then you should do so. However, the other element that will usually be the main part of a holiday claim is “loss of enjoyment”, to which it is almost impossible to put a price. The best thing to do is look at how much of your holiday was affected by the situation at the hotel, and present a claim for damages of not more than 1,000, say (or capped at the small-claims limit). You can leave it for the judge to decide exactly how much you are entitled to."
elitetraveler is offline  
Old Jun 19, 17, 6:51 am
  #116  
Ambassador, British Airways; FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 36,825
Originally Posted by elitetraveler View Post
I believe at FT the idea is to try and be helpful, not spiteful.
If only we had someone posting on the thread who was able to give an unbiased and reasoned view based on their considerable experience in the field instead of basing it all on what they read in a newspaper - that truly would be helpful wouldn't it?
KARFA is online now  
Old Jun 19, 17, 6:53 am
  #117  
Suspended
 
Join Date: Dec 2005
Posts: 9,916
Originally Posted by KARFA View Post
If only we had someone posting on the thread who was able to give an unbiased and reasoned view based on their considerable experience in the field instead of basing it all on what they read in a newspaper - that truly would be helpful wouldn't it?
Well, the newspaper article I cited was from a lawyer, and it related to valuing the travel experience, so it would seem to perhaps have some validity and relevance.

It is really for OP to decide how much time and effort he wants to put into a claim.
elitetraveler is offline  
Old Jun 19, 17, 6:59 am
  #118  
Ambassador, British Airways; FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 36,825
Originally Posted by elitetraveler View Post
Well, the newspaper article I cited was from a lawyer, and it related to valuing the travel experience, so it would seem to perhaps have some validity and relevance.

It is really for OP to decide how much time and effort he wants to put into a claim.
Sure, but you do realise actual knowledge and experience over many years may be somewhat more relevant?

Based on your obvious lack of professional qualification or experience in the law you seem to be intent on arguing that someone, who actually understands and has vast experience in the area, is wrong because you found an article in a newspaper. Furthermore you are also attributing unfortunate motives (now self-edited out of your post I am pleased to see) to that person because you don't agree. This is rather a bizarre approach.
KARFA is online now  
Old Jun 19, 17, 7:14 am
  #119  
Suspended
 
Join Date: Dec 2005
Posts: 9,916
Originally Posted by KARFA View Post
Sure, but you do realise actual knowledge and experience over many years may be somewhat more relevant?

Based on your obvious lack of professional qualification or experience in the law you seem to be intent on arguing that someone, who actually understands and has vast experience in the area, is wrong because you found an article in a newspaper. Furthermore you are also attributing unfortunate motives (now self-edited out of your post I am pleased to see) to that person because you don't agree. This is rather a bizarre approach.
I was replying with a lawyer's view of a somewhat similar instance where a portion of what was advertised that is hard to value wasn't delivered.

Are you or Tobias-UK are lawyers? If so, maybe you should read the article and present your views on why the lawyer quoted is not relevant to OP's claim. Tobias-UK said he hadn't bothered to read it.

I did self-edit a comment I made as I felt it took away from the point -- that in trying to be helpful, I found an example of how OP might construct their argument.

As I also cited in a couple earlier posts, I do have direct knowledge in at least two instances when the defendant company didn't even both to send a representative, and the plaintiff won, which is a possibility where BA may feel defending itself over $500 or $750 is not worth it.
elitetraveler is offline  
Old Jun 19, 17, 7:24 am
  #120  
Ambassador, British Airways; FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 36,825
Originally Posted by elitetraveler View Post
Are you or Tobias-UK are lawyers? If so, maybe you should read the article and present your views on why the lawyer quoted is not relevant to OP's claim. Tobias-UK said he hadn't bothered to read it.
Yes I am, but my area is absolutely not in this field hence why I haven't given any opinion on the OP's issue in this thread.

However, had this issue related to patents and had someone suggested I may be wrong based on a similar newspaper article about IP I really don't think I would have been inclined to waste my time reading it either. I don't give legal opinions or advice based on reading articles in the newspaper, and I doubt any other lawyer would do so either - there are plenty of professional journals which have accurate reporting of case law which one would read in order to stay up-to-date.

It is also quite clear from what Tobias-UK has posted on FT many times that he is a lawyer too.
KARFA is online now  

Thread Tools
Search this Thread