Easiest few hundred quid I've made for a while (why EC261 is a good thing)
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at 14:01 by fearbolg70.
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FDOS_UKParticipantUpdate.
BA refused to pay and came up with a response that was obviously incorrect in the real world, but probably plausible in Planet Waterside.
As their response was so ill formed, I took the easy way and put it to alternative dispute resolution, via CEDR. Risk is limited to £25 in the event of losing, but I didn’t think I’d lose.
BA’s defence ran to about 100 pages, including flight briefing packs (quite interesting to read) and some other stuff, but the basis of their arguments was plain wrong and the CEDR adjudication is short, as a result.
BA got the good news today, they have to settle my claim in full.
Easiest few hundred quid I’ve made for a while and if enough people claim, maybe they will do some thinking about how to operate more efficiently and avoid delays, mind you, having seen the quality of their thinking, this may be overly optimistic.
1 user thanked author for this post.
4 Oct 2018
at 10:41
SwissExPatParticipantE261 is simply re-balancing the power in a transcation.
The airline industry is possibly the only one where consumers pay in advance before getting the service delivered. What this has led to is abuse of the power imbalance between service provider and consumer and this is where (thankfully) legislation and regulation needed to step in.
Your builder doesn’t do the job agreed, you dont pay. You have a means of redress.
I see e261 as a natural consequence of this imbalance of power (they have your money) and am thankful that it exists.
5 Oct 2018
at 11:10
canuckladParticipantI’ve booked Lufthansa via Frankfurt to HKG
It’s a very ,very tight connection, so there’s every chance the HKG flight will leave without me.Therefore before I go I’ll be checking out my options, as potential suggestions if the LH person is clueless when , and if the need arises I miss the long haul sector of the journey
Preparation helps feed the Bulldog
5 Oct 2018
at 16:24
FDOS_UKParticipant[quote quote=894987]@FDOS…what is CEDR…and how to go about it, please?[/quote]
The Centre for Effective Dispute Resolution.
If you have a claim rejected by BA, they should give you a link to contact them, once they have finally rejected your claim.
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5 Oct 2018
at 20:18
FDOS_UKParticipantFor those interested in CEDR, here is a direct link
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6 Oct 2018
at 17:01
capetonianmParticipantI’m inclined to agree about Bott and Co. They wouldn’t take up a claim I made against LH, so I carried on with it on my own and won.
8 Oct 2018
at 17:49
FDOS_UKParticipantJust before rushing to CEDR, let me make an important point.
The arbitrator will apply the law clinically – in some cases it may be better to go the MCOL route, as the decision may involve some pragmatism by the District Judge, to the benefit of the consumer.
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8 Oct 2018
at 18:13
FDOS_UKParticipant9 Oct 2018
at 11:17
fearbolg70ParticipantFDOS_UK
On May 31 all afternoon flights to London from Schiphol were cancelled due to bad weather in London.
these included the easyJet flight for my daughter,grandson & self.My daughter received a message on
her phone about one hour before departure & was told to look for accommodation,as easyJet could not
help. I completed the web site for accommodation costs & the separate easyJet site for the refund of
3 fares paid. The response on accommodation was negative and the reason given “riseable”. There’s
been no response from easyJet.As the cancellation was due to weather can EC261 be used to make a claim ?
Did you complete the form yourself or get a legal firm to do so ?18 Oct 2018
at 14:26
FDOS_UKParticipantI am not a lawyer, so bear that in mind, but
1 – there is no compensation for weather delays, as they are considered ‘extraordinary circumstances’, but you should be re-routed FOC or be given a full refund of the fare paid
2 – if your flight is cancelled, for whatever reason, the airline is responsible for providing care, including overnight accommodation if required, transport to/from the accommodation and meals (plus two phone calls or, messages)
You should go back to easyJet and inform them that you expect your care costs to be refunded and give them 14 days to reply.
I would also look at EC261 – https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=en
In particular consider articles 5, 8 and 9.
I am very surprised they turned down your application for care, as it is a slam dunk, since there is no extraordinary circumstance let out for care.
19 Oct 2018
at 14:20
capetonianmParticipantI am struggling to understand what is meant by ‘riseable’ (risible?).
Is that the word they used, or is that your interpretation of their reason, and what did they say?The airline is responsible for accommodation and EZY are normally pretty fair. My son had a similar delay recently and his claim was paid in full and without delay.
19 Oct 2018
at 17:19
capetonianmParticipantI am interested to know what others think of this.
My son was booked BRU – BCN – BRU on Vueling, southbound on last Friday, northbound on Monday. I booked him on Vueling as there were no other flights at the times he needed – under normal circumstances it’s an airline I would strenuously avoid.
Due to a baggage handling strike at BRU by Aviapartner, his BRU BCN was rescheduled to operate LIL-BRU. They bussed pax BRU-LIL, but the flight was delayed and he arrived in BCN about 5 hours late.
Northbound, was advised at the last minute (1600, for an 1840 flight) that the BCN BRU was cancelled and offered an alternative of a flight on Sunday, 6 days later. He was on his way to the airport and had to pay for an aborted taxi journey. I managed to book him on a flight on Tuesday, 24 hours later than planned.
That flight was rerouted, for the same reason as above to operate BCN – CGN, and he got back to BRU 6 hours late, in the early hours of the morning, and had to get a taxi home.
He is out of pocket for nearly €100 for taxi fares, and as he is a contractor, he may lose a day’s pay, not a huge amount but that isn’t the point. Obviously I will ensure that he is not out of pocket but I am wondering what his rights are.
Under EU261, the airline may argue that the disruption was outwith their control, but since they have contracted Aviapartner, are they responsible?
I am also wondering if he would succeed in claiming his out-of-pocket expenses, even if EU261 is rejected.
I am not trying to profit, or allow him to profit, from this, but I do think he should be entitled to restitution of his out-of-pocket expenses.
31 Oct 2018
at 11:57 -
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