stifle

Where did we end up on the BA position that downgrading the "free" person on an Amex 2 for 1 redemption didn't get any refund because the ticket was free?

corporate-wage-slave

There are some cases going through at the moment. CEDR made at least one ruling in favour of BA's position (but strangely awarded some compensation to the claimant for other problems with the trip). In at least previous one case BA simply offered to replace the Amex Voucher before proceedings advanced too far. In another case, where Amex were cited in a Letter Before Action, Amex paid an undisclosed sum to halt proceedings before MCOL was moved. In one case I know it got to the mediation telephone call and the BA lawyer or paralegal conceded very soon into the call when the facilitator asked for clarification on points in the claimant's submission. I am not aware of any properly constructed case getting to a hearing. I am also unaware of any MCOL submission jointly naming both BA and Amex, let alone the outcome. Having said that, it is disappointing if understandable that some of those I've assisted in this area have slipped into anonymity as proceedings progressed.

Stewie Mac

I filled in the form for compensation and some duty-of-care reimbursement a couple of weeks ago, but never saw an auto-ackowledgement (it may have gone into the junk folder which clears weekly so I can't check).

How do I go about 'following up' on this? I imagine that BA are working through a huge pile of claims (this was just after slush-maggedon but unrelated) so don't want to chase unless it's needed/helpful.

Thanks

tinkicker

It is possible that this might count as a "hidden manufacturing defect". It's probably the strongest of those arguments, though it has not lead to a "recall that grounds a fleet" more an unexpectedly high rate of wear.

It's certainly the case that airlines would be seeking compensation from the manufacturer for the costs of rectifying the defects and possibly (probably) the consequential costs. Perhaps the passengers claim against the airline , the airline claims against the manufacturer and EC261 sets the amounts.

corporate-wage-slave

Of course the problem is that you aren't sure whether or not it got logged or not: if there was an IT snafu at the time you sent the webform then you could be waiting forever (and still not get the expenses repaid). So after a couple of weeks I think it's OK just to call and see if it can be sorted out over the telephone. Alternatively a DM to Twitter. I imagine they are once again busy due to the bad days in December. I think your status isn't too high these days: I know Gold cardholders are getting their reimbursements inside a week and Silver within 10 days or so.

It's also good to save or print the screen before sending the webforms in (I use Google Drive which saves a PDF via the print function) since you may not get any other record.

SFGuy37

BA287 Dec 31st LHR-SFO delayed 4hrs and 1 min.

Sorry if this is already covered, but my spouse and I travelled on the above flight using the Chase/BA Visa 2-4-1 voucher and Avios. 305pm departing flight was delayed after original 777 went tech before takeoff (about 1 hr after leaving gate). Returned to remote stand and all passengers deplaned to return to termina. Captain initially quoted a light coming on front landing gear due to tow that had to be inspected, then subsequently cited one generator not working and not sufficient fuel. New 777 Equipment assigned and departed 745pm. I see this as standard technical issue and not extraordinary circumstances.

We have submitted 2 x individual claims to BA citing the 4 hr+ delay (4hr and 1 minute delayed arrival time quoted per BA.com's flight status) - I understand Avios redemptions are covered under the EU ruling, but has anyone ever succefully received compensation when using a Chase 2-4-1 voucher?

Thanks!

corporate-wage-slave

Yes I know this should be OK, you are after Article 7 compensation and paying via Chase and/or Avios makes no difference here. Complexities in this area revolve around downgrades and rebookings, but not delays or cancellations. The only complication I see is if (e.g.) BA says that ATC was responsible for (e.g.) 10 minutes of the delay, in which case you would get the half rate.

Tyzap

Hi tinkicker,

If BA had wanted to claim that the problem was a hidden manufacturing defect they could have done so, I don't think there is any need to convolute the wording as you suggest. I suspect that they didn't because it doesn't correspond with the accepted definition of a HMD and would lead to an unreliable defence argument.

There is provision within the regs for the airline to claim from a 3rd party. You would expect that this would take the financial pressure off the airline to deny claims, but that doesn't seem to be the case, even tho it could be claimed that BA were not directly responsible.

stifle

Can you even name multiple respondents on an MCOL? I know you can't name multiple claimants.

corporate-wage-slave

Yes, with MCOL you can claim against one organisation, or two organisations or one person or two people.

MrPrice16

Evening All,

corporate-wage-slave

That's a bit odd. The only reason I can think of for denying this refund (assuming it was cancelled by BA) is if you somehow charged replacement travel (e.g. a train ticket) in with your other expenses. This isn't even controversial, or even part of EC261 really, it's in the airline's own conditions of carriage! Unless there is a key fact omitted here, you should ring customer relations (mid afternoon UK time) and talk it through with them. The possible other reason is if you selected the refund option within MMB, in which case there is a separate refund mechanism that will kick in, and what they are doing here is not allowing a double refund.

MrPrice16

Andrea3108

Hi :-)

Bit of a shambolic attempt to return to LHR from NCL on 19th Dec with my first flight (BA1335 @ 17:10) being cancelled due to the fog in the morning and the rebooked flight (BA1337 @ 19:30) cancelled due to technical reasons. I've now discovered that this was due to the someone on the ground staff crew at NCL driving into the plane whilst it was on the stand. Customer relations are saying that this isn't eligible for compensation and I just wanted to check.

Ended up driving all the way home overnight. Apparently a refund of the ticket is en route somewhere in the banking system but overall a very disappointing response from BA at every stage of this verrrry long and sorry tale :-(

Tyzap

Hi,

The following is extracted from the 'better enforcement' document. (link below)

c. Collision of mobile boarding stairs with an aircraft

The Court51 has clarified that the collision of mobile boarding stairs with an aircraft cannot be considered as ‘extraordinary circumstances’ exempting the air carrier from payment of compensation under Article 5(3) of the Regulation. Mobile stairs or gangways can be regarded as indispensable to air passenger transport, and therefore air carriers are regularly faced with situations arising from the use of such equipment. A collision between an aircraft and a set of mobile boarding stairs is, hence, an event inherent in the normal exercise of the activity of the air carrier. Extraordinary circumstances would apply, for example, when damage to the aircraft is due to an act external to the airport’s normal services, such as an act of terrorism or sabotage.

and

Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11). The Commission recommends that options are clearly spelled out to passengers when assistance is to be provided.

Which can be found here...

https://ec.europa.eu/transport/sites...%293502_en.pdf