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  • 397 posts

    I don’t suppose anyone has found themselves in the position I’m currently in? BA had until today to respond to my case after I took them to CEDR. They’ve not responded. Wondering what happens now. Don’t suppose that’s an auto win for me? 😉

    1,363 posts

    I’d just wait and see what response you get from CEDR.

    2,415 posts

    Yes it’s supposed to be an autowin.
    But we have had the odd report where BA has not responded in time then pleaded overloaded in covid and they got given more time.

    Contact the arbitrator and mention as no response what is the position. Personally if there is a conversation I might mention that covid is not the block it was so you’d be surprised if BA is late due to this. You can also casually mention that they had weather difficulties like every other airline a couple of weeks ago but surely that would not impact response to.this? And sadly they seem to be suffering another round of collapsed IT systems such as on previous occasions would that have any effect?

    You can also mention how soon your travel date is so you need resolution.

    Sadly I think that if BA comes along asking for more time they will get it. So nudge the arbitration people as they are supposed to run the process.

    397 posts

    Thanks. IIRC they already were given (automatically) a 2 month extension for covid. It’s 4 months since I submitted this. 🤨

    397 posts

    And just now I get an email saying BA have requested an extension. They’ve now been granted until March 5th!

    2,415 posts

    Haha. I’d really love to know what spurious grounds BA dreamed up. And even more why they are given such leeway when it turns out they’ve already had one massive extension.

    I’d be surprised if a court would have extended again (maybe someone who knows, could tell us). Perhaps this is a reason BA likes CEDR.

    With a bit of luck they may use the time to make you a settlement offer instead.

    1,764 posts

    CEDR is not as rigid as MCOL in terms of deadlines. Someone here waited 8 months last year before they ruled in his favour after BA submitted response in month 6!

    During pandemic CEDR was/is a joke, although I understand that people sometimes have to use it.

    In regards to MCOL, in 2020 I had a case where BA asked for an extension. The court granted 2 weeks and specifically said that there will be no further extensions. They reiterated to BA that if they don’t receive a response it will be a default judgement.

    • This reply was modified 55 years, 4 months ago by .
    397 posts

    Well Lady London/Meta, they responded this morning (BA) and basically said I was told on several occasions (all evidenced) that ticket validity was Oct 2021 and by buying my ticket at BA.com I accepted these terms and conditions blah blah. They accept I was incorrectly informed by a couple of agents that I could rebook to Feb 2022 but this was a mistake. They say they have refunded me and that should be the end of the matter.

    Their summary at the end….

    The Passenger argues that, as she was told that the ticket was valid until 7 February 2022, that she
    was entitled to rebook up until this point.
    However, British Airways aver that the Passenger was advised on no less than 7 separate occasions
    that the ticket was only valid until 8 October 2021, as per British Airways’ General Conditions of
    Carriage.
    Conclusion
    In conclusion, British Airways apologise for the incorrect information given around the validity of her
    ticket, but this was counteracted by many occasions of being advised the correct information.
    British Airways have provided the Passenger with the applicable refund for her unused booking, but
    will not cover the amount claimed for proposed new flights. I trust I have assured you that BA has
    considered its obligations correctly.

    I’ve submitted a reply stating it’s EU/UK261 that counts and not their ‘ticket validity’. and so on it goes!

    • This reply was modified 55 years, 4 months ago by .
    2,415 posts

    Yup. EU261 supersedes anything BA says.

    I love it that they’re trying to say they gave you a refund and that should be all. We’ve observed many reports here of BA unilaterally giving refunds in the hope of avoiding fulfilling the customer’s other greater rights the passenger has the right to choose from instead. Particularly where BA has stopped flying a route, so they know any customer that uses their right to be rerouted will have to be flown at BA’s cost on another airline, they seem to unilaterally refund hoping the passenger won’t be aware they have better rights (which BA was supposed to inform them of).

    As you know, it’s you that gets to choose if you take a refund, or if you instead choose one of the reroute options EU261 gives you. Not the airline’s choice. And if BA is sneakily trying to deny me these rights, then there’s no way I want any avios back. I’d be fed up with them and not planning on flying as much with them so I’d MCOL at 1.6p per avios instead.

    Additionally BA seems not to have implemented the procedure prescribed by IATA, the governing body of the airline industry, for precisely this situation. There is a procedure laid down where the airline endorses the ticket “INVOL” in the case of a rerouting due to airline cancellation and this lifts the normal default 1 year validity of ticket. Issuing a new ticket if BA’s systems are not up to this is not hard either.

    As CEDR is a bit more risky than MCOL in terms of getting a perverse decision, I’m crossing my fingers for you that the arbitrator assigned will read the statute and apply it as it outranks BA’s sneaky tactics.

    397 posts

    So do I after all this. I was disappointed when I received BA’s answer this morning as I felt strangely confident of it going my way at this point. However, if they are still denying me at this stage even though they are fully aware of the law then I am thinking they are confident CEDR won’t uphold the rules they should be abiding by. Seems weird they are still banging on about ticket validity, surely CEDR should just tell them to bugger off as their precious ticket validity means zip!

    • This reply was modified 55 years, 4 months ago by .
    371 posts

    So do I after all this. I was disappointed when I received BA’s answer this morning as I felt strangely confident of it going my way at this point. However, if they are still denying me at this stage even though they are fully aware of the law then I am thinking they are confident CEDR won’t uphold the rules they should be abiding by. Seems weird they are still banging on about ticket validity, surely CEDR should just tell them to bugger off as their precious ticket validity means zip!

    I took BA to CEDR last year.

    BA kept to their line that Duty of Care doesn’t apply to me until CEDR upheld my complaint.

    I guess some people question whether the complaint is worth pursuing and simply close it? Not sure, but BA will wait until CEDR rules and will stick by whatever nonsense they’ve been throwing the whole way through.

    4 posts

    Hi @amy, how did you get on with CEDR in the end as i thought I’d read on another thread that you were due a decision by 11th April?

    379 posts
    397 posts

    Yes a fail. I did update via another stand alone post around April 11th. Still fuming. Adjudicator made no reference whatsoever to the legislation I cited. Just agreed with BA’s ticket validity bollocks. I have lodged a complaint.

    4 posts

    Thanks for the update, I hadn’t seen your other post!

    Sorry about the decision you received and I hope your complaint gets some traction.

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