[Davie]

In April 2022 we flew with BA from EDI to LAS via LHR. Our flight from EDI was a late departing and when we arrived at Heathrow, we were told that we were too late to board our flight to LAS, we were put up in a hotel and got the flight out the next day 24 hour late. When we arrived at Heathrow the next day we spoke to a supervisor as I had found out our LAS flight was late departing as well, and we could have made the flight. I explained this to the supervisor, and I was told we never got on the flight because our seats were double booked.

I have put a claim into BA in April the 4th for our double-booked seats and taxi and hotel cost, to date I have not received anything back from BA apart from a couple of emails in April and nothing since then. My question is how can I escalate this? I have twittered my dissatisfaction for them to say it will be dealt with it due course. I hope someone can give me some advice on how to contact them.

Thanks,
Davie.

[passionateflyer]

The issue of double booking should not be part of your claim and is likely to detract from the issue. Airlines are entitled to overbook a flight, and give the seats of late arriving passengers to others. The definition of late arriving would be if you reach flight connections less than 45 minutes prior to SCHEDULED departure. This doesn’t mean it’s your fault, it’s just that there was no obligation on the part of BA to get you onto the flight, even if the flight was ultimately running late.

However, depending on the reason for delay from Edinburgh, you may be entitled to UK261 compensation for your ultimate delayed arrival into Las Vegas. It is a statutory compensation amount of GBP520 per passenger. As long as it wasn’t an “Exceptional circumstance” such as (but not limited to) weather, for which the airline is not liable, this would be payable.

More information on UK261 compensation is available if you search BA flyertalk UK261.

[passionateflyer]

minor correction – 35mins prior to scheduled departure is the cutoff

Also to add:
You can refer the matter to CEDR if BA has not responded within 8 weeks of your initial complaint
Search Flyertalk BA CEDR for more info

[BugAdvisor]

I’m assuming that you were ticketed all the way from EDI to LAS as otherwise BA were under no obligation to re-book you and pay for your hotel. On the basis that you were ticketed through to LAS, then was your EDI flight delayed because of BAs error (technical, staff issue)? If so you can claim 600 Euros per person from BA for more than three hours delay arrival in LAS.
If you weren’t ticketed all the way through, then you were just too late for your LHR – LAS flight and BA owe you nothing.

[FormerBA]

Hi

You claim should be for UK261 compensation for a delay of more than 3 hours and a distance of more than 3500km which is £520 each.

BA should have paid for hotels, transport and all meals during the hotel stay as well as transport to/from the airport. If they did not then you can claim this also.

This assumes the trip was a single booking with a ticket from EDI LHR LAS and not separate tickets.

If they have not replied after 8 weeks you can take them to CEDR for an adjudication. Alternatively the threat of a MCOL claim generally gets their attention.

Write to them again using the reference number you would have been given when submitting the claim and advise them that as so much time has passed you will now seek alternative resolution via CEDR or MCOL.

BugAdvisr is correct, the cut off for transit passengers is -35 or -45 and after this time you cannot access the departure lounge. The flight monitoring unit will offload you and on load any standby passengers. This is not overbooking in the sense that your set was sold twice, it is simply ensuring that all seats are filled.

Notwithstanding you have the right to claim UK261 compensation.

[ASK1945]

[quote quote=1228619]If they have not replied after 8 weeks you can take them to CEDR for an adjudication. Alternatively the threat of a MCOL claim generally gets their attention.[/quote]

Personally, I would start the MCOL process by sending them a “Letter Before Action”. There are plenty of template examples online to copy.

That often does the trick, straightaway. If it doesn’t, you can still go down the much slower CEDR route if you wish.

[JD_84]

Personally, I would start the MCOL process by sending them a “Letter Before Action”. There are plenty of template examples online to copy.

I am currently going down this route with them after they refused to do anything with my Tokyo flights. However, the MCOL was raised in Feb and I have only just been given a local County Court date of November!

[Davie]

Thanks for the input guys,

It was a single ticket EDI,LHR,LAX. I have opened up a claim via CEDR.

Davie.

[ASK1945]

“I am currently going down this route with them after they refused to do anything with my Tokyo flights. However, the MCOL was raised in Feb and I have only just been given a local County Court date of November!”

Wow JD_84: it is some years aince I needed to get a court date and didn’t realise the change in timing. Since that last court date, a “Letter before Action” has always been successful in getting a quick response. In an earlier thread I wrote how Easyjet paid a large outstanding sum within 36 hours of receiving an LBA, after several months of prevarication.

I used one last week to a company who owed £2,500 to one my children for work done but ignored all invoices and reminder letters to pay. We have now received a response and responded with a couple of hours. We are optimistic that the money will arrive soon.

[DerekVH]

[postquote quote=1228702]

Am I correct in thinking that even with a LBA, BA will wait until a few days before the court case before they cave in? Obviously making a fortune in interest by hanging on to the refund (lol)!

[ASK1945]

[quote quote=1228730]Am I correct in thinking that even with a LBA, BA will wait until a few days before the court case before they cave in? Obviously making a fortune in interest by hanging on to the refund (lol)![/quote]

Yes, that’s possible, maybe even likely. But most organisations (in my experience) respond to the LBA because they know you are serious. Even Ryanair reponded to me quickly, some years back, but were very smart – by telling me that they would have any court case transferred to Dublin! Of course they didn’t pay up and I wasn’t going to fly to Dublin.

2 users thanked author for this post.

Polly, DerekVH

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