It’s a testing time for BA passengers who lost out in IT chaos | Money
BA’s well-publicised IT meltdown over the May half-term resulted in our flights being cancelled, and we had to abandon our family holiday to Sweden.
The airline has refunded our flight costs and agreed to pay the EU-mandated compensation â€" €750. However, that is less than half the cost of the holiday, which means we are still £800 out of pocket having paid accommodation, train and other costs.
We have an annual travel policy with Axis, but it has declined our claim. The small print gives a list of reasons why abandonment of a holiday is permitted to be reimbursed, but “catastrophic IT failure of an airline†is not one of them.
We’ve had no holiday and wonder what our legal position is? JB, by email
From the start of this crisis BA has been very clear that it would refund flights not used and pay EU compensation as required by the rules governing delays and cancellations. It will not, it has told Guardian Money, pay any consequential losses. This has left lots of customers nursing large losses â€" in many cases running into thousands of pounds. We have received several other similar letters.
However, the BA stance may not be correct, as the Consumer Rights Act may give you â€" and others â€" a route to compensation. Since October 2016 transport operators have come under the auspices of the act, which appears to give passengers the right to seek consequential losses if the service received fell way below the standard expected. The problem, say experts, is that it’s so far untested in court.
David Thompson, a partner at Exeter law firm Michelmores, says there could be scope for a consumer to seek financial redress from an airline under the act. “This legal development has yet to be fully explored by the courts. This means it’s difficult to provide a clear-cut answer as to how the CRA will dovetail with the existing legal framework governing the air transport sector,†he says.
Consumer group Which? is also looking at this area. Alex Neill, managing director of home products and services, says: “You could claim compensation if you can show how an airline’s poor service and failure to get you to your destination on time lost you money on other aspects of your trip. For example, you may have missed a connecting journey and had to shell out for a new flight. You need to write to the company asking for compensation citing the act. If it turns you down, you could try claiming against your credit card company.â€
As soon as we get a definitive answer, or news that a firm of lawyers is looking to bring a class action against BA, we’ll report back.
We welcome letters but cannot answer individually. Email us at consumer.champions@theguardian.com or write to Consumer Champions, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
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