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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!
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