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-   -   I’ve been Qantassed - Failure to Issue Ticket (https://www.flyertalk.com/forum/qantas-frequent-flyer/2124706-iive-been-qantassed-failure-issue-ticket.html)

Koru Flyer Jun 20, 2023 2:27 am

Impressed you received a reply. Did you raise this in the BA forum? It may though just be easier as suggested above, to raise a case for actual and consequential loss in your local small claims court (claim of up to $10,000). The chances of QF bothering to defend is low, and what are they going to do send a KC or two to defend? They will probably just settle if it is reasonable. Depends how bothered and time rich you are?

You had a contract, they failed to deliver, you were financially disrupted,

KF

kidmystic80 Jun 20, 2023 4:21 am


Originally Posted by Koru Flyer (Post 35346714)
Impressed you received a reply. Did you raise this in the BA forum? It may though just be easier as suggested above, to raise a case for actual and consequential loss in your local small claims court (claim of up to $10,000). The chances of QF bothering to defend is low, and what are they going to do send a KC or two to defend? They will probably just settle if it is reasonable. Depends how bothered and time rich you are?

You had a contract, they failed to deliver, you were financially disrupted,

KF

Thanks for these ideas, andDave Noble 's above. In the BA forum, the suggestion was to lodge a claim with BA, which they will no doubt reject, and then go to CEDR (as I don't live in the UK). To be honest, I'm back home and getting on with my life, so I'm not sure I have a huge stomach for a long, drawn-out process. But it does seem a perverse outcome that an airline should be able to escape any penalty when clearly at fault.

DownUnderFlyer Jun 20, 2023 4:55 am


Originally Posted by kidmystic80 (Post 35346879)
In the BA forum, the suggestion was to lodge a claim with BA, which they will no doubt reject, and then go to CEDR (as I don't live in the UK).

[mod hat] Please only post a question in one forum. Cross posting isn't allowed so please only use one forum.[/mod hat]

kidmystic80 Jun 20, 2023 5:01 am


Originally Posted by DownUnderFlyer (Post 35346945)
[mod hat] Please only post a question in one forum. Cross posting isn't allowed so please only use one forum.[/mod hat]

Thanks for this. I've been advised of this in the other forum too. I wasn't aware of this, and won't do it again. Now just responding to comments I receive. Apologies for the mistake.

Koru Flyer Jun 20, 2023 5:20 am

A bit harsh? Original post was here, we suggested to go to the great and informative EU261 thread as it was a BA flight (unticketed by QF), as it is beyond the scope and expertise here, asked the question there and the op came back and updated us? Which I appreciated greatly.

It is not like he/she posted the exact same question simultaneously in two different forums? Or did I miss something?

KF

Dave Noble Jun 20, 2023 1:00 pm


Originally Posted by kidmystic80 (Post 35346879)
Thanks for these ideas, andDave Noble 's above. In the BA forum, the suggestion was to lodge a claim with BA, which they will no doubt reject, and then go to CEDR (as I don't live in the UK). To be honest, I'm back home and getting on with my life, so I'm not sure I have a huge stomach for a long, drawn-out process. But it does seem a perverse outcome that an airline should be able to escape any penalty when clearly at fault.

There is no way a claim against BA can work that I can see. BA is entitled to refuse travel when there is no valid ticket

As far as QF does in this - think of it in the same way as if you had purchased from Flight Centre. QF is simply acting as a travel agent in issuing a ticket for travel on BA. If you had purchased a ticket from flight centre and it failed to ireissue a ticket correctly, would you think that it could be liable under EC261?

Koru Flyer Jun 20, 2023 3:18 pm

If you have the time, it is worth the action. If you do file a small claims action in an Australia court, it would be material, as QF may try and obscure any action, by saying it was BA's fault, should be EU261 and sending you around the circle again with a judge who does not fully understand but is looking for where fault lies.

CEDR would provide very clear evidence submitted by BA, that it is totally QFs fault*. That would strengthen any case brought against QF - if the op has the time and patience for this. It is not about the claim working, it is about building material facts.

*Unless there is some aspect in all this that may be BA fault that we missed - it would not be the first time that BA have lost a ticket number on their own booking. We just do not know. CEDR only costs time, free to apply so if you have the time why not go down that angle?

KF


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