Reply To: Victory over BA at CEDR on ticket validity issue!

[NorthernLass]

StillintheSun wrote:

@NorthernLass
I’ll take the bait and give you a friendly counter view 🙂
The scope of the duty to re-route “subject to the passenger’s convenience” has not yet determined by a senior Court such as the Court of Appeal. Most of us agree that there is probably not an unlimited, open-ended right to re-route many years after the event. BA asserts that the scope of the EC Right is the same as their conditions of carriage. Where does the line fall? In my opinion BA are probably wrong in law on this but no senior Court has determined and issued a precedent as to the correct answer. Thus the law is not yet settled. Thus on individual cases BA are not morally obliged to pay out money on an issue that has yet to become settled law.

BA commercially probably don’t want to test the issue by taking the issue to a senior court because they don’t want the publicity and also they benefit from the uncertainty in that most people won’t pursue their “probable” right.

On the micro level they should have paid me off early and avoided me sending out a detailed plan of action against them but such is the delight of the law of unintended consequences 🙂

Revenge is always a dish best served cold.

I’ve found what you’re referring to now. My gripe with BA is that they persistently tell people that they are ONLY entitled to a refund for a cancelled flight (as per their Ts and Cs). I think there’s a pretty clear line between this and EU/UK261 re-routing rights! I was responding to @Jenniekg whose post is above mine, btw.

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