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Our family members travelling with an infant got severely delayed at VLC when their inbound plane diverted to ALC due to a big storm.
It was the usual lack of correct information, getting stuck in the non Schengen part of the airport for hours, struggling to get their luggage back (which they needed for the overnight with the infant), promise of hotel that didn’t have a booking when they got there etc. Flight was due to leave at 19:30 didn’t get out of the airport until 01:00. They called BA a few times but not much help.The 4 months since their complaints has just ticked by and they have had their taxi / hotel expenses refunded. Obviously no 260 euros as the weather was not predictable.
They complained about how things panned out at the airport separately with a full timeline but a bit more emotive language than might be advisable. BA rolled the 2 complaints together and went with the cut and paste ‘thanks for bringing these issues to our attention we will pass to the relevant dept’ not addressing any of the issues or offering anything beyond the expenses.
I have personally had 10,000 points or on another occasion £100 each for very minor complaints or be it phrased as ways their processes / communication could be improved.
In a goodwill case if you seem too cross are you less likely to get anything?
In general, where BA offers goodwill payments they relate to matters that are outside the framework of UK261 – eg IFE not working, broken seats, creased menus etc. You are also less likely to receive any goodwill payment for matters covered by UK261 if they have already paid something for expenses or paid compensation. Yes, the case handler is unlikely to be impressed by over lengthy, emotive complaints; they have heard it all before and you have just made their job harder – it’s not just BA that reacts like that. Keep it professional, clear and succinct.
Would a diversion to Castellón–Costa Azahar Airport CDT have been possible and then bussed from VLC to CDT, would that have been a more ‘reasonable measure’ than being delayed overnight?
Would being bussed from VLC to ALC have been a more ‘reasonable measure’ than being delayed overnight?
Would a diversion to Castellón–Costa Azahar Airport CDT have been possible and then bussed from VLC to CDT, would that have been a more ‘reasonable measure’ than being delayed overnight?
Would being bussed from VLC to ALC have been a more ‘reasonable measure’ than being delayed overnight?
It isn’t the role of the Court in small claims to examine the minutiae of each airline operational decision as it is neither proportionate nor within a judge’s knowledge without expert evidence. Also, unevidenced ifs and buts claims are inherently unattractive.
It is most likely that the decision to divert to Alicante rather than any other airport was an ATC instruction taking all the relevant factors into consideration; there isn’t and can’t be some great debate about that. Whether bussing the passengers would have been a better idea, who knows?
While the CJEU has set a very high bar for ‘reasonable measures’ it is nevertheless clear that the interpretation is down to local courts which, while commonly adopting a pro-passenger stance, will be cognisant of the fact that in circumstances such as unexpected weather, airlines have to make rapid decisions and have to take into account the departing passengers as much as the arriving ones in addition to the crew and the aircraft itself.
It would certainly be a very high wire defence at MCOL!
Thanks @JDB for some very interesting points.
Thanks all. I’ll report back to them that it’s a waste of effort to pursue it further.
I think they won’t consider BA for the next few years and will share their experience with anyone prepared to listen.
For their next holiday though we all travel together and we’ll be guesting them into the lounges.🤷♂️
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