BA refusing compensation - advice please
Feb 22, 2019, 7:39 am
#16
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Beyond the dark places on the internet like FlyerTalk, very few members of the public (at least in my experience) claim compensation (even if they have been delayed by ~1 day) and moreover refusing pretty much will deter all but those who know that they are in the right.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
Feb 22, 2019, 7:59 am
#18
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Feb 22, 2019, 10:29 am
#20
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Beyond the dark places on the internet like FlyerTalk, very few members of the public (at least in my experience) claim compensation (even if they have been delayed by ~1 day) and moreover refusing pretty much will deter all but those who know that they are in the right.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
She had no idea she could claim compensation (BA aren't the only airline that doesn't advertise EU261). I wrote an email for her, and she got EUR2000 compensation... "Well Happy" were her words
Feb 22, 2019, 11:05 am
#21
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Feb 22, 2019, 11:27 am
#23
Join Date: Mar 2018
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This should be black and white.
Airlines should be forced to automatically credit ALL customers who qualify for these sorts of claims.
It shouldn't be relied upon the customer knowing the law and bringing a claim.
Airlines would soon sort their controllable .... out.
Airlines should be forced to automatically credit ALL customers who qualify for these sorts of claims.
It shouldn't be relied upon the customer knowing the law and bringing a claim.
Airlines would soon sort their controllable .... out.
Feb 22, 2019, 6:01 pm
#25
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Or like 8 days. It is as if they have a schedule to address flights at day 7, and the resulting cancellations occur on day 6.
OP, while you have already written, the specific allegation- that BA has lost this claim multiple times, that this is public and their denial is an egregious manipulation of the facts- should be made very clear.
I agree this is one of the good sides of class actions- it can bring down a large hammer on a corporation to curtail this kind of abuse. I assume not in the UK?
FWIW- in the USA, if you hire an atty to pres a lemon law claim, the mfg pays the lawyer ON TOP of the lemon claim- hence they have a vested interest in expeditious handling of claims. Not with airlines....
Feb 22, 2019, 6:56 pm
#26
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Actually I think it is more-or-less agreed to be Extraordinary Circumstances, just that CEDR hasn't seen the evidence from BA that they took all reasonable steps. The only legal qualifier I know of to that clause is that the airlines shouldn't face "intolerable sacrifices" (the Peskova case). Now this is an extremely high bar for BA, one of the world's largest airlines, with deep pockets, and huge connectivity via oneworld / Amadeus and so on. My own suspicion is that BA has had internal advice that they could win the case on the "hidden manufacturing defect" argument, so are refusing all claims, but CEDR has reached a different position given the wording of the Regulation and the onus on BA to prove its case. I imagine BA aren't wildly keen for this to get to a senior court either, and given Jet2's experiences I don't blame them.
The CAA did a report which said that processing claims via an ADR channel such as CEDR reduced the airlines' cost of complaint handling, at least in processing time. I'd guestimate it is half the cost of going to MCOL, and I know it costs about £500 for each MCOL case. So at some point it would be cheaper to settle either before CEDR, or early in the process. There is also the risk of CEDR making rulings where BA will face additional compensation claims beyond the typical 600€ compensation for delays. So perhaps it is worth following the example of my own CEDR case in the main thread, and leaving a final paragraph with a hint as to where the CEDR adjudicator can find some more money.
The CAA did a report which said that processing claims via an ADR channel such as CEDR reduced the airlines' cost of complaint handling, at least in processing time. I'd guestimate it is half the cost of going to MCOL, and I know it costs about £500 for each MCOL case. So at some point it would be cheaper to settle either before CEDR, or early in the process. There is also the risk of CEDR making rulings where BA will face additional compensation claims beyond the typical 600€ compensation for delays. So perhaps it is worth following the example of my own CEDR case in the main thread, and leaving a final paragraph with a hint as to where the CEDR adjudicator can find some more money.
BA probably saves a ton of money with the first and second no.
What is bothersome is the post above about BA saving money by going the route it does.
Has anyone done a study as to how many CUSTOMERS walk away or bad mouth BA for putting them through the hoops ?
Feb 22, 2019, 6:59 pm
#27
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Beyond the dark places on the internet like FlyerTalk, very few members of the public (at least in my experience) claim compensation (even if they have been delayed by ~1 day) and moreover refusing pretty much will deter all but those who know that they are in the right.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
I think it's one of the problems with people on this forum being so knowledgeable that they often forget how relatively daunting dealing with airlines and how arcane rules (e.g. on compensation) can be for people not in the know.
Isn't it. part of the EC261 regulations that airlines are required to inform customers of their rights under EC261?
Feb 22, 2019, 10:35 pm
#28
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Correct but neither do they do a particularly good job of it and even if they do, people just read it and ignore it because they a) don't realise how much money 261 actually gives them (that is a fixed £ amount rather than an arbitrary value decided by airline) and b) don't think it'll be worth their time because they think they'll have to fight the airline every step of the way - this is true to some extent but compared to taking the airline to small claims court or such, it's certainly a lot easier to go to CEDR and get an adjucation.
Last edited by tilal6991; Feb 22, 2019 at 11:52 pm
Feb 23, 2019, 2:14 pm
#30
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