Involuntary denial of boarding, please help
Apr 29, 2018, 6:19 am
#212
Join Date: Aug 2013
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Apr 29, 2018, 6:20 am
#213
Join Date: Jun 2015
Location: LHR, LGW
Programs: BAEC
Posts: 3,439
At Heathrow my wheelchair assistance wasn't at the gate when we got there, but as anyone else who has had assistance at Heathrow probably knows this is fairly normal there. I always feel a bit embarrassed when this happens as I think the crew aren't allowed to leave the plane until all passengers are off, so they all have to stand around waiting for me. It does mean you get to be the only passenger on the plane and witness the fast cleaning and checking process that goes on after the passengers have left. As always the crew were friendly and gracious about having to wait with me
Apr 29, 2018, 6:26 am
#215
Original Poster
Join Date: Apr 2018
Posts: 50
I don't want the failings at LHR to become a distraction as these are a well known problem (so much so that I didn't complain even on a previous flight where I waited well over an hour for a wheelchair). I only mentioned the details of the journey home because people here asked, my upset and annoyance is focussed on the far bigger issue of the way I was treated at SJC and the failure of BA to contact me to sort out the seat issue in the 24hours prior to this, despite every attempt on my part to avoid any problems with the journey and their apparent total disregard for how EC261 applies to disabled people and failure to inform me of my rights.
Apr 29, 2018, 6:28 am
#216
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I have finally been contacted by customer relations, unfortunately it is just a short dismissive email saying that they don't consider they have any liability to expenses or compensation. No mention was made of any rights or regulations or any acknowledgement of either the rules that they have broken or the fact that you first had previously told me in writing that customer relations had advised them "that they will be able to compensate you for inconvenience and additional costs, including the taxi."
[email protected] or alternatively 0330 022 1916. If they do call, make plenty of notes since they may be useful later.
If you feel like making someone uncomfortable, ask your MP to write to the CAA and/or BA's Head of Customer at Waterside, to check whether this is an acceptable way of dealing with complaints. Your MEPs also have a role in this area too, in terms of raising it with the relevant EU Directorate.
Apr 29, 2018, 6:57 am
#217
Join Date: May 2006
Location: 5 miles from EMA
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How very BA. CWS provides excellent advice, and I agree that they’ve put you through enough to play hard with them.
You should not allow them to get away with this, it will not stop them from doing it again
You should not allow them to get away with this, it will not stop them from doing it again
Apr 29, 2018, 7:01 am
#218
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Location: DCA
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Posts: 50,262
An MCOL claim is a good route because it, among other things, requires you to issue a Letter Before Action (forms available online at the MCOL website) and ends the exchanges of pointless emails.
It gives you an opportunity to sit down and collect your thoughts and insert only the facts relevant to EC 261/2004. That stands you in good stead should a BA review and then arbitration and possibly a contested hearing. Specific factual backup information helps you as well.
In particular, looking at your OP, one set of facts which will help you and is a bit confusing is exactly when BA was notified of your specialised need for the F seating arrangement, e.g. which made downgrade to CW medically unacceptable rather than a nuisance. Copies of whatever you provided to BA and when change this a great deal. My strong suspicion is that BA staff documented this as a routine downgrade which was refused and, once refused, all other compensation was the passenger's. Once you are down that path unrefuted, the rest of BA's conduct becomes more legally defensible and is a hole harder from which to climb.
It gives you an opportunity to sit down and collect your thoughts and insert only the facts relevant to EC 261/2004. That stands you in good stead should a BA review and then arbitration and possibly a contested hearing. Specific factual backup information helps you as well.
In particular, looking at your OP, one set of facts which will help you and is a bit confusing is exactly when BA was notified of your specialised need for the F seating arrangement, e.g. which made downgrade to CW medically unacceptable rather than a nuisance. Copies of whatever you provided to BA and when change this a great deal. My strong suspicion is that BA staff documented this as a routine downgrade which was refused and, once refused, all other compensation was the passenger's. Once you are down that path unrefuted, the rest of BA's conduct becomes more legally defensible and is a hole harder from which to climb.
Apr 29, 2018, 7:08 am
#219
Original Poster
Join Date: Apr 2018
Posts: 50
Well, two can play hardball. I would get together exactly what are seeking, give them 14 days to meet the bill in full, then go MCOL, sticking to the relevant dates with precision. Don't overinflate your claim, but equally don't undershoot either, a judge will have no problem reducing your claim slightly, but cannot add to it. Maybe go for the MCOL arbitration option, since they will probably keel over at that point. I take the point that you don't wish to be in the public spotlight on this (nor would I in your position, incidentally) but I would send a very brief email to the CAA on this address, asking for someone to have a conversation about the provisions of EC261 on those with reduced mobility in your context.
[email protected] or alternatively 0330 022 1916. If they do call, make plenty of notes since they may be useful later.
If you feel like making someone uncomfortable, ask your MP to write to the CAA and/or BA's Head of Customer at Waterside, to check whether this is an acceptable way of dealing with complaints. Your MEPs also have a role in this area too, in terms of raising it with the relevant EU Directorate.
[email protected] or alternatively 0330 022 1916. If they do call, make plenty of notes since they may be useful later.
If you feel like making someone uncomfortable, ask your MP to write to the CAA and/or BA's Head of Customer at Waterside, to check whether this is an acceptable way of dealing with complaints. Your MEPs also have a role in this area too, in terms of raising it with the relevant EU Directorate.
I still hope that BA will decide they want to sort this all out without additional stress.
Apr 29, 2018, 7:14 am
#220
Original Poster
Join Date: Apr 2018
Posts: 50
My strong suspicion is that BA staff documented this as a routine downgrade which was refused and, once refused, all other compensation was the passenger's. Once you are down that path unrefuted, the rest of BA's conduct becomes more legally defensible and is a hole harder from which to climb.
Apr 29, 2018, 8:09 am
#221
Join Date: Nov 2012
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I am afraid only legal and political intervention will get you what you are rightfully entitled. YouFirst will possibly just pass the ball to CR, or accept CR report at face value.
Apr 29, 2018, 9:17 am
#222
Join Date: Jun 2015
Location: LHR, LGW
Programs: BAEC
Posts: 3,439
Whilst I respect the decision not to go public, I fear the only way for this to be listened to and understood at the appropriate level is by giving this story to a tabloid, the Daily Mail for example, I'm sure would be very keen to publish a story such as this. They (BA & DM) aren't the best of friends it seems based on the recent coverage of BA.
But, like I said, I completely respect that is isn't a route you wish to take. So I hope that further comms with 'YouFirst' and CR are successful for the outcome you want.
I do wish you good luck in this @Deniedboardinghelp
But, like I said, I completely respect that is isn't a route you wish to take. So I hope that further comms with 'YouFirst' and CR are successful for the outcome you want.
I do wish you good luck in this @Deniedboardinghelp
Apr 29, 2018, 9:45 am
#223
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Please don't forget to at least report BA's failures to follow USA DOT regulations to the DOT. You also have rights associated with the fact that this was a flight leaving the USA . BA was required to follow those rules too, including informing you of your rights and following their own stated and approved priority list and soliciting volunteers.
In addition, for "retraining" the SJC staff, please at least contact the CRO for BA assigned to assist at that airport. They should have been involved at the start, as soon as it was clear that BA were trying to either downgrade or IDB a handicapped passenger. IMO the check in agents should have taken the initiative to contact the CRO at that point, if not earlier when the proposed downgrade was planned, even if just to verify that they were following the rules in this case.
In addition, for "retraining" the SJC staff, please at least contact the CRO for BA assigned to assist at that airport. They should have been involved at the start, as soon as it was clear that BA were trying to either downgrade or IDB a handicapped passenger. IMO the check in agents should have taken the initiative to contact the CRO at that point, if not earlier when the proposed downgrade was planned, even if just to verify that they were following the rules in this case.
Apr 29, 2018, 10:07 am
#224
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Can't stress enough the importance of immediately asking for the CRO assigned to your carrier, e.g. BA, for the airport in question when at a US airport. Needless to say, the CRO is there to "resolve" so there must be an issue in the first place and thus you must have raised it to staff, but a CRO is trained and has the authority to find solutions. Moreover, when you ask for the CRO, staff tend to find those solutions themselves.
Bear in mind that the CRO is not likely physically present at the airport, but must be accessible by phone (supplied by the carrier) at all times customers are being served at the given airport.
I can only hazard a guess, but I have to believe that BA's CRO covering SJC would have, in short order, directed that another passenger be downgraded and this entire issue would have been resolved.
Bear in mind that the CRO is not likely physically present at the airport, but must be accessible by phone (supplied by the carrier) at all times customers are being served at the given airport.
I can only hazard a guess, but I have to believe that BA's CRO covering SJC would have, in short order, directed that another passenger be downgraded and this entire issue would have been resolved.
Apr 29, 2018, 10:08 am
#225
Join Date: May 2010
Location: UK
Posts: 5,380
An MCOL claim is a good route because it, among other things, requires you to issue a Letter Before Action (forms available online at the MCOL website) and ends the exchanges of pointless emails.
It gives you an opportunity to sit down and collect your thoughts and insert only the facts relevant to EC 261/2004. That stands you in good stead should a BA review and then arbitration and possibly a contested hearing. Specific factual backup information helps you as well.
In particular, looking at your OP, one set of facts which will help you and is a bit confusing is exactly when BA was notified of your specialised need for the F seating arrangement, e.g. which made downgrade to CW medically unacceptable rather than a nuisance. Copies of whatever you provided to BA and when change this a great deal. My strong suspicion is that BA staff documented this as a routine downgrade which was refused and, once refused, all other compensation was the passenger's. Once you are down that path unrefuted, the rest of BA's conduct becomes more legally defensible and is a hole harder from which to climb.
It gives you an opportunity to sit down and collect your thoughts and insert only the facts relevant to EC 261/2004. That stands you in good stead should a BA review and then arbitration and possibly a contested hearing. Specific factual backup information helps you as well.
In particular, looking at your OP, one set of facts which will help you and is a bit confusing is exactly when BA was notified of your specialised need for the F seating arrangement, e.g. which made downgrade to CW medically unacceptable rather than a nuisance. Copies of whatever you provided to BA and when change this a great deal. My strong suspicion is that BA staff documented this as a routine downgrade which was refused and, once refused, all other compensation was the passenger's. Once you are down that path unrefuted, the rest of BA's conduct becomes more legally defensible and is a hole harder from which to climb.