There have been several posts over the last few weeks, concerning passengers paying for one product yet receiving another. In one case this resulted in a poster walking off an aircraft ready to depart, This is mostly occurring in business class where aircraft are being replaced last minute due to technical issues, which are in some cases unavoidable.
If a longhaul was selected due to the expectation of a flatbed yet a cradle seat is provided or even a wedgie, surely it is about time that a passenger is protected and the airlines recognise the reduced levels of comfort over what had been expected and either offer a partial refund or discount for next flight.
I don’t know of any other business that is able to sell products so blindly and not take responsibility when the expected product /service has not been provided.
The 380’s have introduced, in some cases a new suite class level of pricing (or supplement). With 380’s still having service issues and being replaced by alternative aircraft are passengers being offered a refund where suite class was charged but not received?
Martyn: I understand and fully support your thinking BUT all airlines will hide behind the conditions of carriage.
A purchased passage will only guarantee your get to A to B. Even meals are not obligatory!
Until those regulations are changed by the IATA Conventions, we are not protected at all!
Martyn
I could not agree more. As the person who 'got off', I wasn't even looking at a cradle seat, but a 32" pitch euro spacesaver for a 5 hour 40 minute flight!
Having decided that prevention was better than the cure, I declined to play, but was fortunate that there was an acceptable alternative available.
I reckon the small claims court would make mincemeat of airlines who behave the way you describe, the trouble is that it only really works in one country and cross border cases are difficult to pursue.
RichHI1 - 13/02/2012 14:11 GMT
The recent moves by the EU to enforce compensation for delay and the US mandating treatment standards for delayed passsengers are the first steps in legislation for the benfit of passengers. All the existing treates and IATA rules are designed to protect airline interests. The only way to change this is vote with your feet but the big airlines use their mileage plans to stop you doing this.
As stated it is ludicrous that with many carriers including BA First you have no idea what you will get for your money. Good luck lobbying the UK governenment to take steps not in BA's interests thouhg.
It is wrong no doubt. Trouble is who has the deep pockets and the time to fight the airlines?
Binman62 - 13/02/2012 22:08 GMT
Absolutely agree.
This article has just appeared about disabled travelers having a go at BA and Thomas Cook. If the judges do not appear swayed to side with the disabled, as LP says, someone is going to need deep pockets to get fairness travelers in general.
http://www.talktalk.co.uk/news/article/group-may-fight-disability-ruling/37191/
It is a tough call with respect to disability. As a case in point, on a flight early last year a quadriplegic passenger requested assistance to use the toilet. He was with his daughter and no other helpers. It was left to the male CC to assist. They could have declined the request but as most CC try to help whenever possible they tried to help. Trying to manoeuvre the passenger, one put his back-out badly which resulted in several months off work - and associated loss of earnings. After much trying, it proved impossible to aid the passenger in the way he had specifically requested, an alternative was found.
To save money BA has cut back on the passenger assist at the landing gate also.
FlyingChinaman, they don't even guarantee to get you from A to B. There are a whole list of reasons why they can refuse to take you on board including (from BA's Conditions of Carriage) "If carrying you or your baggage may affect the comfort of any person in the aircraft". So make sure you don't smell, snore, have any annoying habits, etc. And, of course, they have the right to cancel the flights in some circumstances. I only looked at BA for an example, other airlines may of course have specific provisions dealing with these issues.
Although I didn't go through all the BA CoC line by line, I couldn't see anything disclaiming liability in the event that the service wasn't as advertised, and that is the key here - if you purchased a ticket on the basis of services advertised by the airline, they you may have a claim for misrepresentation. There would be a few legal hurdles to overcome, but it might be worth a try.
SwissExPat - 19/02/2012 12:12 GMT
The 'conditions of carriage' will be used by the airlines to try to get out of any situation. However, it is up to a court to interpret this 'contract' and if an airline acts unreasonably and does not offer a passenger what they could reasonably expect (based on what the carrier advertises) then the customer can seek redress through the courts.
I have indeed issued small claims court proceedings against an airline who failed to provide the advertised service (which I agree can happen) but the disupte centered around what the adequate level of compensation would be for not prividing the service which I had paid for and reasonably expected would be provided. (the service was indeed provided to other passengers on the flight who paid the same fare category as me).
Unsurprisingly the Airline agreed to adhere to the court Clerks suggestion that they agree to significant compensation as a % of the fare paid and settled out of court. (not their measly initial offer of a few hundred Euro in vouchers)
I was also a victim recently when Emirates swapped out a plane at the last minute and offered only 'Sky Cruiser' seats in F rather than private suites. (I chose the flight specifically because it had the suites).
In fairness to them, they tried to call me 4 hours before the flight but I was in meetings and missed the call.) This happened again 3 weeks later but I did get the call and they moved me to another flight (LHR rather than LGW) Chatting to others in F on the flight, they told me they were also switched. Their travel agent got the call and 'demanded' that their customers be moved to the A380 ' threatening all form of action if they weren't.' Thankfully Emirates are now nearly all suites in F to London.
I would not have any problem of getting off a flight if there was a material change to the service and I was being asked to absorb it without any reasonable compensation.
SwissExpat - seems odd that you did not get the advertised service when others around you did receive it - can you tell us more?
