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In short: 2 x 31kg cases were not accepted at BUD while flying BA on a booking with a Silver as the lead passenger and the booking comfirmation showed 2 x 32kg as the luggage allowance for each passenger. This is a well-known Silver benefit of ‘The Club’.
Having submitted a formal complaint to BA with an image of the receipt for the excess luggage I was forced to pay at check-in, they’ve replied with an ‘apology’, given me 5,000 Avios and closed the case. I responded to the apology e-mail asking for a refund to which I’ve had no reply and I’ve just sent another follow up e-mail reiterating that the case is not closed as I’m owed a refund for approximately £130 equivalent in Hungarian Forints.
I’d be most grateful to receive advice about next steps from those more experienced in this than me. I simply want my money back asap. I get the impression that e-mailing into a black hole won’t now yield anything, they consider the matter closed (although I can’t fathom what planet they must be on).
How do I escalate this? I’ve never had to get money back from an airline which, I guess, makes me rather fortunate. Any advice gratefully received.
Send them a NBA/LBA with a 14 day time limit and if no reply start MCOL.
Send them a NBA/LBA with a 14 day time limit and if no reply start MCOL.
Ta. I thought about this but filed it in the ‘nuclear option’ category. Is there really no other way to proceed once they (seemingly) turn their back on a complaint?
Unfortunately in the heat of the moment I paid with a Wise debit card (to benefit from the advantageous exchange rate). I should have whipped out the credit card….
no need to start a new thrrad you could have added it to your existing one
https://www.headforpoints.com/forums/topic/silver-luggage-allowance-incorrectly-applied-at-bud/
As per advice there have you called??
Send them a NBA/LBA with a 14 day time limit and if no reply start MCOL.
Ta. I thought about this but filed it in the ‘nuclear option’ category. Is there really no other way to proceed once they (seemingly) turn their back on a complaint?
Unfortunately in the heat of the moment I paid with a Wise debit card (to benefit from the advantageous exchange rate). I should have whipped out the credit card….
I wouldn’t beat yourself up about using the Wise debit card on this occasion as the excess luggage charge you paid wouldn’t be susceptible to a chargeback or s75 as there was no breach of contract or misrepresentation in respect of that payment.
Personally, I would keep plugging away with BA as I’m not sure you could make a successful MCOL claim. The right to the extra baggage isn’t really contractual and importantly, even if it were contractual, the contract isn’t with you, but with the holder of the silver card – you are piggybacking on that status but don’t directly have the entitlement to the extra baggage yourself. Also, who paid for the ticket?
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Personally, I would keep plugging away with BA as I’m not sure you could make a successful MCOL claim. The right to the extra baggage isn’t really contractual and importantly, even if it were contractual, the contract isn’t with you, but with the holder of the silver card – you are piggybacking on that status but don’t directly have the entitlement to the extra baggage yourself. Also, who paid for the ticket?
Some good points, perhaps ask for some more avios and see what happens.
I wouldn’t beat yourself up about using the Wise debit card on this occasion as the excess luggage charge you paid wouldn’t be susceptible to a chargeback or s75 as there was no breach of contract or misrepresentation in respect of that payment.
Personally, I would keep plugging away with BA as I’m not sure you could make a successful MCOL claim. The right to the extra baggage isn’t really contractual and importantly, even if it were contractual, the contract isn’t with you, but with the holder of the silver card – you are piggybacking on that status but don’t directly have the entitlement to the extra baggage yourself. Also, who paid for the ticket?
The lead passenger booked and paid for the ticket. I paid for the excess baggage directly. Surely if the booking confirmation states 2 x 32kg per passenger then they’re contractually on the hook to provide that? Silver benefits certainly acted as an inducement to book the ticket and had the confirmation not stated 2 x 32kg per passenger we would have availed ourselves of their offer to cancel within 24 hours at no charge as we knew we would be travelling with heavy luggage in both directions. I don’t see how BA can disown themselves of an obligation to accept luggage up to the stated limits; by extension they could unilaterally decide not to accept 1 x 23kg for a blue on the basis that the contract is to carry you from A to B and the ability to carry luggage is a non-contractual benefit.
While I appreciate that Silver benefits are extended ex gratia and don’t form part of the contract (e.g. the ability to access a lounge, fast track security, etc.), surely the stated luggage allowance is an integral part of the contract from the point they issue the booking confirmation? They’ve accepted our request to book and issued a booking confirm that states when we’ll travel from A to B and what we’re allowed to bring with us. An airline cannot unilaterally alter a luggage allowance as there would be merry hell at check in counters around the world.
I won’t accept more Avios, indeed, I don’t want any more. I paid hard cash for something I didn’t need to and I want that cash back. I’m happy to escalate within BA before resorting to legal avenues or going to some sort of mediation that I gather is available, but I want to offer BA the opportunity to put this right.
@Londonsteve – unfortunately things are never quite as straightforward with BA! They chuck lots of Avios at people about totally trivial non-complaints which I fear hampers consideration of genuine complaints like yours.
You refer to arbitration – CEDR in the case of BA and while they can’t consider your case under the baggage section 2.1.2 which covers Destruction, damage, loss, or delayed transportation of baggage you may be able to claim under the general section 2.1.5 – “Any disputes arising where the customer alleges that the subscribing company has not acted fairly and/or where the subscribing company has failed to provide the service as agreed under the contract for aviation services”. It’s not certain it’s within scope, but if framed in that context should be.
Given the uncertainty and time taken/bore of going to ADR would escalate with BA first saying that can’t actually have read your complaint and while you are grateful for the ex gratia 5,000 Avios the underlying issue and the fact you are £130 out of pocket owing to the failure of BA’s agents at BUD incorrectly charging you £130 for excess baggage when you were travelling with luggage within your allowance as stated in writing by BA and as part of the BAC benefits of your travelling companion on the same PNR. Send the documents again – confirmation, receipts, boarding card etc.
You can go to CEDR 8 weeks after your first complaint to BA about this. I would do that alongside continuing to try to get resolution from BA if you’re still going at that point. No point delaying it further, and you can always withdraw it if BA to pay you back.
In contrast to what JDB says, while CEDR isn’t quick it also doesn’t take up much of your time. Write and submit a clear statement of what happened, what should have happened (and why) and what you want – shouldn’t take more than a few lines for this. Then wait for the process to go through.
Thanks for the advice. I’ll initially do as @JDB suggests and submit a renewed complaint/request for refund to BA as I think JDB hit the nail on the head suggesting my original complaint wasn’t fully read or understood. Receiving an ‘apology’ from BA and having some Avios hosed in my direction would suggest they recognise they’ve done wrong by me, but equally, it could be a standard format response without really considering the circumstances; I could have been complaining that the in flight temperature was too cold or whatever. Refund was either not considered an option, or staff aren’t empowered to provide one on first approach.
I will pursue them to my last breath over this issue; this isn’t analogous with sloppy service, receiving an underwhelming meal or finding the IFE isn’t working. It’s no different to wanting to check in a 23 kg bag and then being told you don’t have a checked luggage allowance when the booking confirmation says otherwise in crystal clear language, as did the app which was using ‘live’ information.
Slightly tangential to the OP’s original query, but would Silver still be able to check baggage in if purchasing the cheapest ticket (i.e. baggage not included?).
Slightly tangential to the OP’s original query, but would Silver still be able to check baggage in if purchasing the cheapest ticket (i.e. baggage not included?).
No, it is an EXTRA luggage if you have luggage.
With IBERIA you get an EXTRA luggage EVEN if you have 0 bags on your ticket.
I will also add that IB Clubs silver (Ruby) have an extra luggage ON IBERIA (even if no luggage). If you are oneworld ruby you do not get the same benefit.
Slightly tangential to the OP’s original query, but would Silver still be able to check baggage in if purchasing the cheapest ticket (i.e. baggage not included?).
No, it is an EXTRA luggage if you have luggage.
With IBERIA you get an EXTRA luggage EVEN if you have 0 bags on your ticket.
I will also add that IB Clubs silver (Ruby) have an extra luggage ON IBERIA (even if no luggage). If you are oneworld ruby you do not get the same benefit.
It would be a real material benefit if BA Club Silver and Gold had a luggage allowance on HBO tickets as the equivalent status does with IB. As long as they honoured this at check in, of course!
So, after writing a snail mail letter to Customer Relations (sent signed for, confirmed delivered) almost a month ago and asking them to refund within 14 days, I’ve had no money and no reply. I can’t say I’m surprised but it’s frustrating all the same. I can recall the time not so very long ago when anyone taking the time to put pen to paper and paying for a stamp would have been dignified with a response, even if it was in fact, ‘no’.
Should I write to the CEO? E-mail consumer champions in the media? Threaten to do item 2 in a letter to the CEO? Or go straight to a letter before action addressed to the legal department with a completed MCOL claim printed out for their perusal? I’m sure they’ve read my previous e-mails and most recent letter, as far as they’re concerned they’ve ‘closed’ the complaint, given me 5000 Avios and that’s the end of it, e-mails deleted and letter in the shredder.
@Londonsteve btw a consumer champion in the Times on Wednesday got a good result from BA for a reader.
@Londonsteve btw a consumer champion in the Times on Wednesday got a good result from BA for a reader.
That’s good to know, although perhaps not great for me as it’ll probably mean they don’t want to cover a BA issue again so soon. Still, there’s always The Telegraph, The Guardian and Daily Mail… Assuming the same doesn’t apply I think a good BA behaving badly story is grist to their mill. I don’t actively want to generate bad publicity for them, I just want my money back.
@Londonsteve btw a consumer champion in the Times on Wednesday got a good result from BA for a reader.
I have regularly seen articles written by her, where she has helped readers get money back from BA and other travel companies, when they have been given the brush off. I have a friend who is a travel journalist and whenever I see her photo next to the article, I have to look twice as I think it’s my friend!
@LondonSteve – I hope you are successful in getting refunded soon, but sorry I don’t have any suggestions other than telephoning the Silver number again.@Londonsteve – it’s not uncommon for BA eventually to respond to these letters in their own good time or pay without any associated correspondence. I don’t know what are the next best steps, but personally I wouldn’t contemplate MCOL for the reasons I set out above on 20 June; you don’t have any contractual right to claim.
You could go to CEDR, but again it’s questionable whether the claim lies with you, but at least you don’t have court fees or any risk of costs.
With the 5000 Avios received, your claim is reduced to c.£80 so either route might seem a bit disproportionate. It’s also probably not enough to interest consumer champions and as it relates to status benefits, possibly not sufficiently mainstream.
@Londonsteve – it’s not uncommon for BA eventually to respond to these letters in their own good time or pay without any associated correspondence.
That was my experience the one time I resorted to using actual post for a BA complaint to their legal team too — write the letter, wait an age, get a result.
I wouldn’t contemplate MCOL for the reasons I set out above on 20 June; you don’t have any contractual right to claim.
I appreciate I didn’t book the flight, although obviously I reimbursed the person that did, but the ticket was in my name and I was therefore on the hook to pay the charges demanded at check in. This would be a claim for breach of contract and in my view I had a contract with the airline for the provision of a service, namely, to transport me from A to B and accept luggage up to the stated limits in the booking confirmation. I fail to see why the claim could be thrown out on the basis that I didn’t have a contract just because I didn’t press the ‘book’ button or pay for it on my credit card directly. I sanctioned the choice of airline, the flight and booking conditions as if I were booking for myself inidividually but delegated this activity to my travelling partner. This situation arises a thousand times a day when people book on behalf of family groups, a spouse books on behalf of their partner or a mother buys a ticket for her adult age son.
On the point about the luggage forming part of the contract, the allowance stated in black and white on the booking confirmation forms part of the contract for services that BA agreed to provide when it confirmed our booking. In failing to accept luggage up to the stated limits, it breached that contract and caused me financial loss. That loss was monetary; I’ve thanked them for the Avios which were provided as a ‘goodwill’ gesture with no admission of liability or a suggestion that it is in full or part payment. It was a gift, hoping that I’ll then push off and because I’ve not communicated that I’m willing to accept Avios in payment, in full or in part, the amount already transferred cannot be netted off against my claim. BA themselves state that Avios have no monetary value.
If they contest I’ve no contract with the airline, my travelling partner can initiate a money claim in his own name, which he would gladly do in order to help me as he’s as frustrated by this as I am.
If you’ve already written to BA Legal setting out what happened and the refund you want with all attachments, then I’d send a chaser – as one seems to be due anyway – enclosing copy passport main page of yourself and your travelling companion signed and dated by each of you and a signed sheet of paper saying they authorise you to deal with this matter on behalf of both parties travelling. Noting in particular that the incorrectly levied baggage charges for baggage for the party were paid by yourself.
Express your disappointment at the fact that a simple error by an outstation in charging for baggage that was clearly documented as included in the party’s ticket prices, has still not been corrected by way of refund of the incorrectly charged smount of HUF/£nnn to your account. Give them details of a FastPay account choice as well as the credit card used.
Then say if you have not received refund of x by [28 days ahead date] 3.30pm UTC time then you will take further steps and any costs incurred eill be added to the claim.
I would be ever0y bit as annoyed by this as you are @Londonsteve and would also pursue them to every last cent. And would definitely not accept avios to replace even 1 cent of that money back.
** PS hat’s the betting that ground agents in Budapest, who may be subcontracted, are receiving personal salary incentives for add-on baggage charges for airlines they handle checkin for – which may or may not include such a program pertaining to BA flights. But due to other incentives, they may have that reflex
.@Londonsteve – I don’t agree with your or @LL’s assessment, and believe that if the issue is resolved it will be as a matter of goodwill but that the time cost will be greater than the sum to be reclaimed. If you want to pursue the matter via ADR or MCOL, it would assist to have a copy your e-ticket showing the luggage allowance, as that is what the agent in Budapest was relying upon, not your receipt.
The issue that makes this more complex is that, per your initial post, your ticket didn’t allow the extra baggage (for which you had to pay extra) but that you only derived the additional allowance you hoped to receive from your travelling companion’s status.
The issue that makes this more complex is that, per your initial post, your ticket didn’t allow the extra baggage (for which you had to pay extra) but that you only derived the additional allowance you hoped to receive from your travelling companion’s status.
That is not correct. The e-ticket, booking confirmation, call it what you will, always states the luggage allowance pertaining to each passenger in the booking. It was 2 x 32kg per passenger. I did not travel to the airport hoping to benefit from someone’s Silver status, seeking to rely on the goodwill of check in staff. I had a ticket booked that permitted 2 x 32kg of checked baggage. The check in agent could see this on the e-ticket too but was more concerned about what their own system was telling them which was a different baggage allowance (and clearly lower than the one printed on the e-ticket). For the avoidance of doubt, the lead passenger was Silver at the point of booking the ticket and very much remained Silver on the date of travel.
Despite involving the on-site supervisor who was also informed of what the e-ticket said (but wasn’t sufficiently interested in the problem to want to read it, despite being offered it), we reached an impasse and I was extorted into paying for ‘excess baggage’ despite the fact that the weight of my two items of luggage were lower than the luggage allowance printed on the e-ticket. In fact, the check-in agent could clearly see the nature of the problem but was either unable to overwrite what was showing in their computer, or needed the supervisor’s help and approval, which clearly wasn’t forthcoming.
Why would the handling agent’s system have a different baggage allowance detailed?
Why would the handling agent’s system have a different baggage allowance detailed?
They almost certainly don’t, but the OP is referring to what he can see on the e-ticket confirmation not the e-ticket itself which is why I was suggesting he really needs to get hold of that if intending to pursue the matter.
@Londonsteve – BA operates on a piece system so that fact that the weight of two items was under the allowance for one is not relevant. The weight at 32kg also derives from your travelling companion’s silver status, not your ticket which is the obstacle to the claim.
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