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  • sm32 6 posts

    Hello

    In a legal discussion with a UK based airline. Anyone used an aviation solicitor/firm? Most firms I’ve found on online searches are only doing flight delay compensation. My case is a bit trickier.

    NorthernLass 8,250 posts

    There are a few (Bott & co??) but they will want a big chunk of any compensation you are awarded. If you give some more details, I’m sure someone would be able to give you more specific advice.

    Colin MacKinnon 298 posts

    What sort of aviation problem do you have?

    Clyde & Co claim “to be widely acknowledged as the world’s premier aviation law firm”.

    When I last used them about 12 years ago, the bill came to around £70,000. I paid with my BMI card!

    sm32 6 posts

    Thanks for the advice. I booked an Avios flight for an elderly relative with BA. The flight was with a OW partner airline (non-UK to non-UK destination). Cabin Class was J. The OW partner downgraded the cabin without notification and also changed the schedule. Schedule change resulted in an overnight hotel stay which BA said I needed to book and pay for and claim later. I emailed a case across for a refund and even wrote in several times. It’s been 8 months and tens of emails later, I have not yet been refunded. I raised an MCOL and their legal dept said there’s no case to answer but a “goodwill” gesture is to refund me the Avios, hotel and MCOL cost. I’d like some legal assistance to find out what I’m really entitled to for the trouble & downgrade.

    AJA 1,128 posts

    Oh dear. Unfortunately, the flight is not covered by EC261 as it’s neither operated from the UK/EU and also not operated by a UK/EU airline.

    Therefore, I think that your relative was at the mercy of the operating airline. It sounds like the situation was one for travel insurance, and that would have been the first place to start.

    I also have to say BA has been generous in its offer, and I would accept with good grace and bring the matter to a swift conclusion.

    louie 138 posts

    Oh dear. Unfortunately, the flight is not covered by EC261 as it’s neither operated from the UK/EU and also not operated by a UK/EU airline.

    It might be covered by a similar scheme operated by the origin or destination country though.

    AJA 1,128 posts

    Oh dear. Unfortunately, the flight is not covered by EC261 as it’s neither operated from the UK/EU and also not operated by a UK/EU airline.

    It might be covered by a similar scheme operated by the origin or destination country though.

    That’s a good point but in that case @sm32 needs to contact the OW airline that operated the flight even though they booked the flight via BA.

    BA Flyer IHG Stayer 2,251 posts

    .. is to refund me the Avios, hotel and MCOL cost. I’d like some legal assistance to find out what I’m really entitled to for the trouble & downgrade.

    Not sure what more you want / expect

    BA have paid for the hotel and MCOL cost. What avios did they refund? Everything you paid or just the cabin difference?

    As your relative actually flew then airport fees and taxes won’t be refunded because BA would have forwarded them on to the other airline for them to pay the airport / government.

    There is no compensation for ‘trouble’ and getting anything more out of this unnamed airline is going to difficult and likely just cause you aggravation for what will likely be zero result.

    sm32 6 posts

    BA still have not refunded anything, neither Avios nor any difference in taxes between a business/economy fare. It’s been 8 months and I’ve even written to SD and other departmental heads about this. I’ve had one email every 2 months to say they’re looking into the Avios refund.

    AJA 1,128 posts

    How long is it since you received the offer of the goodwill gesture?

    Do you have that offer in writing?

    If so then write again by snail mail to BA Legal Department at their Waterside Harmondsworth address stating that you accept their gesture of goodwill. Enclose copy of their letter offering the goodwill and provide your bank details.

    If you don’t have it in writing then I suggest your relative claims off their travel insurance or try claiming off the actual OW carrier if indeed they have a similar consumer protection to EC261.

    Otherwise accept your losses and move on.

    dougzz99 628 posts

    Have you accepted the goodwill gesture? I think they’d be unlikely to proceed with it unless you accept. It would be odd for them to pay the MCOL charges only for you to proceed with the claim.
    I think it’s a generous offer, the airline to pursue was the operator not BA.

    meta 1,470 posts

    You wouldn’t be able to have MCOl case open for 8 months unless BA acknowledged and submitted a defence. Did BA respond to MCOL claim?

    Did it go to hearing? Did you agree to settle before that?

    One other thing, was it a stand alone ticket on OW partner or part of multi-leg trip?

    I mean this is a pretty standard case and we had similar scenarios here. No need to engage law firms.

    Lady London 2,140 posts

    Why is there an assumption here that the flight did not depart Europe? The OP only said not UK.

    Please indicate the departure country and airline operating the flight. The whole route would be nice to state if possible please as that would eliminate doubts.

    If it, or the journey did depart Europe on same ticket without a connection gap >23hrs59mins then there is a claim available under EU 261, regardless of it being a uk/eur based airline or not. We need to know the flight distance if you’re not disclosing the route, as that determines a reimbursement for downgrade which could be quite chunky. Did you pay avios and/or cash?

    OP please provide these specifics otherwise your options could be completely different from all the possibilities mentioned so far including what BA is offering.

    Also important : was the flight downgraded just one of more than one flight needed to complete the journey of the out or return.

    PS Looks like delay compenaation could be due as well as hotel night, this could be chunky too depending on the routing (entire routing in the travel direction out/back), not just this flight. You definitely shouldn’t accept any offer, nor accept nor ask for any refund (not even partial) till you’ve worked out all you’re entitled to and it may be a lot more than you’ve been offered.

    So please provide the more exact information requested otherwise it’s just people running round guessing

    sm32 6 posts

    Hi all, thanks for all the advice. I understand from the posts that the operating airline is the one to pursue regarding the downgrade. However, my payment was in Avios via BA, so BA was acting as the agent, so I expected my refund from BA in a timely manner.
    The route booked was JED – KUL – SIN on MH. MH placed the pax on an SV flight 12 hours earlier on an economy seat, resulting in an overnight hotel stay. They then refused to reimburse hotel costs saying it’s part of their operating contract, and just said sorry for the flight downgrade inconvenience.

    I emailed BA regarding my Avios refund and sent snail mail letters for 8 months after which I opened the MCOL a couple of weeks ago and heard back from BA a few days ago with their offer to reimburse the hotel cost and the MCOL fee. They said they will reimburse the Avios fare diff too but no timeline on when (been hearing “within 14 days” for months now). Based on everyone’s advice I am inclined to accept the BA offer.

    I don’t think EU261 will apply.

    AJA 1,128 posts

    So although originally booked using Avios via BA on Malaysian Airlines the passenger actually flew SV which is Saudi Arabian Airlines from Jeddah to Kuala Lumpur and the onto Singapore. Unfortunately that definitely rules out EC261 coverage.

    I would definitely accept BA’s offer and close the case

    BA Flyer IHG Stayer 2,251 posts

    Why didn’t you give us all that info from the get go?? You’d have gotten more specific advice instead of leaving us make assumptions.

    I opened the MCOL a couple of weeks ago and heard back from BA a few days ago with their offer to reimburse the hotel cost and the MCOL fee

    So have you responsed to that offer yet?

    If not then get on and do it!

    Lady London 2,140 posts

    H*ll yes, bite BA’s hand off.

    Rui N. 855 posts

    You have the right to exactly nothing, so be quick to accept the offer before they realise their generosity.
    And certainly don’t spend any money on any lawyers.

    sm32 6 posts

    thanks all!

    PeteM 776 posts

    Sometimes one wonders if people shouldn’t just be left to go ahead with litigation or whatever they feel is appropriate to find out how unreasonable they are being…

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