(FARE GONE) BA/CX/MH F: FRA-KUL, route via HKG and/or SIN, ~$1,300
Aug 21, 2015, 1:32 pm
#422
Join Date: Dec 2007
Location: ORD
Programs: BA, AA, SQ, UA, AC, WS, MR TIT
Posts: 8,658
Aug 21, 2015, 1:35 pm
#423
FlyerTalk Evangelist
Join Date: Aug 2000
Location: London
Programs: Hilton, IHG - BA, GA, LH, QR, SV, TK
Posts: 17,008
. It was a mistake: BA isn't honouring it. I'm disappointed, and you're disappointed - but we'll get our money back: nothing damaged, nothing lost - time to move on.
Aug 21, 2015, 1:46 pm
#425
FlyerTalk Evangelist
Join Date: Aug 2000
Location: London
Programs: Hilton, IHG - BA, GA, LH, QR, SV, TK
Posts: 17,008
Not neccessarily disagreeing with you, but if they cancel any ticket so close to departure, the easiest way for any airline to avoid EU261 is to cancel the ticket altogether - as in your words if there is no valid travel document then the Regulation cant get off the ground.
Aug 21, 2015, 1:57 pm
#427
Join Date: Dec 2013
Location: UK
Programs: BAEC
Posts: 650
Very brief thoughts
Emphasis added
In most these cases BA had confirmed so the contract was in existence. I am not sure that there is an "obvious error" for the reasons previously have mentioned by others. I have not checked EU261 but I think it could apply here - otherwise airlines could easily contract out of it.
Had the fares been departing from Scotland, I would even have asked my firm to take on a case. However, the flights departed from Germany so jurisdiction would be England or Germany. The other problem is if your not claiming an injunction for specific performance then your best shot at damages would be to pay for an alternative first class flight and MCOL the difference. That is a high risk strategy.
BA Conditions of Carriage
3.3. If you book with us directly on the internet at ba.com or Iberia.com, your contract will come into existence immediately at the time your booking is completed (unless Clause 3.4 or 3.5 applies). Your booking is completed when you see a "Booking Confirmation" page on your screen. We will send you an email or letter confirming your travel arrangements, together with a link to an online summary of your booking that contains a link to these conditions.
...
6.15. Whilst we endeavour to ensure that the correct prices are displayed on our website and/or advised to you by our call centre, on very rare occasions there may be an incorrect price bookable. If there is an obvious error with the price at which you book (including where we have confirmed that booking) we will promptly notify you of that error and where possible you will be given the choice to retain the booking and pay the correct price within the time period indicated. Alternatively you can cancel the booking and receive a refund of any monies paid or select an alternative holiday, paying or receiving any difference in price to that originally paid. If you do not elect to retain the booking within the time period indicated we reserve the right to cancel the booking and will refund you any monies paid.
...
8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract.
...
11.1. Subject to Clauses 11.3 to 11.11, we accept liability to you:
if any of the component parts of the booking you made with us are not provided or not provided as booked;
if the services we or our suppliers provide are not of a reasonable standard. Reasonable standards are judged by the standards applicable in the place where the relevant part of the booking is provided;
for the acts of our employees, agents and (in the case of Packages sold to EU residents) subcontractors, as long as they were at the time carrying out work we authorised;
if you or any member of your party dies, is injured or becomes ill arising from negligence because we or (in the case of Packages sold to EU residents) our suppliers failed to act with reasonable care;
if we have deliberately misrepresented anything to you before you entered into this booking which then caused you to make the booking.
11.2. Unless Clause 11.3 applies, you agree that, if a significant change is made to your booking, which ever choice you make under Clause 8.6 above, you will be entitled to receive on account of your losses the minimum compensation amounts set out in the table below per booking, depending on when we notify you of the change. We will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is according to the usual course of things) from any significant change we make.
3.3. If you book with us directly on the internet at ba.com or Iberia.com, your contract will come into existence immediately at the time your booking is completed (unless Clause 3.4 or 3.5 applies). Your booking is completed when you see a "Booking Confirmation" page on your screen. We will send you an email or letter confirming your travel arrangements, together with a link to an online summary of your booking that contains a link to these conditions.
...
6.15. Whilst we endeavour to ensure that the correct prices are displayed on our website and/or advised to you by our call centre, on very rare occasions there may be an incorrect price bookable. If there is an obvious error with the price at which you book (including where we have confirmed that booking) we will promptly notify you of that error and where possible you will be given the choice to retain the booking and pay the correct price within the time period indicated. Alternatively you can cancel the booking and receive a refund of any monies paid or select an alternative holiday, paying or receiving any difference in price to that originally paid. If you do not elect to retain the booking within the time period indicated we reserve the right to cancel the booking and will refund you any monies paid.
...
8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract.
...
11.1. Subject to Clauses 11.3 to 11.11, we accept liability to you:
if any of the component parts of the booking you made with us are not provided or not provided as booked;
if the services we or our suppliers provide are not of a reasonable standard. Reasonable standards are judged by the standards applicable in the place where the relevant part of the booking is provided;
for the acts of our employees, agents and (in the case of Packages sold to EU residents) subcontractors, as long as they were at the time carrying out work we authorised;
if you or any member of your party dies, is injured or becomes ill arising from negligence because we or (in the case of Packages sold to EU residents) our suppliers failed to act with reasonable care;
if we have deliberately misrepresented anything to you before you entered into this booking which then caused you to make the booking.
11.2. Unless Clause 11.3 applies, you agree that, if a significant change is made to your booking, which ever choice you make under Clause 8.6 above, you will be entitled to receive on account of your losses the minimum compensation amounts set out in the table below per booking, depending on when we notify you of the change. We will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is according to the usual course of things) from any significant change we make.
In most these cases BA had confirmed so the contract was in existence. I am not sure that there is an "obvious error" for the reasons previously have mentioned by others. I have not checked EU261 but I think it could apply here - otherwise airlines could easily contract out of it.
Had the fares been departing from Scotland, I would even have asked my firm to take on a case. However, the flights departed from Germany so jurisdiction would be England or Germany. The other problem is if your not claiming an injunction for specific performance then your best shot at damages would be to pay for an alternative first class flight and MCOL the difference. That is a high risk strategy.
Aug 21, 2015, 2:00 pm
#428
Join Date: Dec 2013
Location: UK
Programs: BAEC
Posts: 650
Sorry, but this doesn't make any sense at all. At the end of the day airlines are established businesses operating under legal and regulatory oversight. To suggest they would capriciously cancel a ticket, i.e. rescind a contract, for no reason other than to avoid paying piddling amounts of compensation due under EC regulations is bonkers.
Aug 21, 2015, 2:28 pm
#429
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Aug 21, 2015, 2:52 pm
#432
Join Date: May 2006
Location: SAN
Programs: Lots of faux metal
Posts: 6,422
Yet the honored these: http://www.flyertalk.com/forum/milea...ess-combo.html
But, let's be honest here BA F isn't exactly the cream of the crop.
Sorry for those purchased and won't be able to fly.
But, let's be honest here BA F isn't exactly the cream of the crop.
Sorry for those purchased and won't be able to fly.
Aug 21, 2015, 3:14 pm
#434
FlyerTalk Evangelist
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,722
EC261/2004 does not apply here. BA has not cancelled any flights. BA is not re-routing passengers. Therefore, BA will not have to pay "compensation" for failing to deliver passengers to their destinations. The tickets have been voided by BA. Without a ticket, EC261/2004 does not even come into effect.
Fight this if you want; just don't refer to any of the EC261/2004 provisions.
Instead, refer to national law (contract law), not this regulation.
Aug 21, 2015, 3:16 pm
#435
Join Date: Feb 2013
Posts: 120
Very brief thoughts
Emphasis added
In most these cases BA had confirmed so the contract was in existence. I am not sure that there is an "obvious error" for the reasons previously have mentioned by others. I have not checked EU261 but I think it could apply here - otherwise airlines could easily contract out of it.
Had the fares been departing from Scotland, I would even have asked my firm to take on a case. However, the flights departed from Germany so jurisdiction would be England or Germany. The other problem is if your not claiming an injunction for specific performance then your best shot at damages would be to pay for an alternative first class flight and MCOL the difference. That is a high risk strategy.
Emphasis added
In most these cases BA had confirmed so the contract was in existence. I am not sure that there is an "obvious error" for the reasons previously have mentioned by others. I have not checked EU261 but I think it could apply here - otherwise airlines could easily contract out of it.
Had the fares been departing from Scotland, I would even have asked my firm to take on a case. However, the flights departed from Germany so jurisdiction would be England or Germany. The other problem is if your not claiming an injunction for specific performance then your best shot at damages would be to pay for an alternative first class flight and MCOL the difference. That is a high risk strategy.