Maximise your Avios, air miles and hotel points

Forums Other Flight changes and cancellations help Would you pursue to arbitration?

  • 358 posts

    Airline cancelled a return leg a few months out (removed from schedule) and they have no other flights to my destination for two days, so they suggested an alternative the day before my original flight, which is no good due to other travel arrangements.

    I therefore booked with another airline. Their phone agent and Twitter team advised, through gritted teeth, that I could do this myself and claim the cost.

    I’ve now had my claim for reimbursement rejected as they say they offered an alternative flight.

    I’ve complained about this outcome and am waiting for a response. If they reject the complaint, the next step is ADR.

    I’m still booked on their suggested alternative and have the option of cancelling online to get a refund. This would leave me £100 out of pocket versus getting reimbursed for the replacement I booked.

    Would you take the refund and suck up the loss, or continue potentially to arbitration?

    Interested in how folk value their time vs £100.

    642 posts

    I maybe would, but maybe I wouldn’t. I can’t tell you, because like the airlines involved, and the destination it’s a secret.

    3,324 posts

    It would help if you gave the name of the airline and the route!

    For srarters not all airlines are members of arbitration schemes

    691 posts

    Interested in how folk value their time vs £100.

    I’m intrigued as to why? Someone sitting bored at a dead-end office desk job, being paid to be there but not given enough work to fill their time, could reasonably spend weeks on this. Someone running their own very busy but very successful company shouldn’t rationally spend longer than ten seconds on it.

    Neither would necessarily match your circumstances or be particularly indicative of what you should do?

    1,765 posts

    It would help if you gave the name of the airline and the route!

    For srarters not all airlines are members of arbitration schemes

    And if non-EU/UK airline, no EC261 rights either, so no duty of care. There might be local legislation.

    2,412 posts

    Another disreputable airline going back on what they said they would do.

    Just on that, in quite a bit of the world, you could pursue them regardless of any statutory rights covering air passengers.

    However until you tell us the airline and really you should be naming the route of your ticket and which flight it’s all a waste of people’s time here as they want to help but can’t apply their knowledge.

    On principle I’d be inclined to pursue it as it’s a broken promise and the airline is probably making a practice of abusing lots of people in this way. £100 they save if you let it go, is multiplied by potentially hundreds of thousands of passengers they’re breaking commitments to and possibly denying rights to so to some people, if they have the time to pursue it, they would.

    And I wouldn’t do arbitration if my legal rights are strong I’d MCOL. Much more reliable outcome

    2,412 posts

    It would help if you gave the name of the airline and the route!

    For srarters not all airlines are members of arbitration schemes

    And if non-EU/UK airline, no EC261 rights either, so no duty of care. There might be local legislation.

    well…unless it departs from UK or Europe. Any airline’s flight doing that is subject to EC / UK261 even if not a UK/Eur airline.

    358 posts

    A bit surprised with comments about which airline, which destination, wasting people’s time, etc.
    I wasn’t asking for details of my rights, merely interested in what proportion of the regular fliers on here would choose to pursue it.

    Clearly that wasn’t clear from how I’ve worded my post.

    That said, it’s no secret, Easjyet back to UK from MAD, so AviationADR. Duty of Care not relevant, I’ve simply asked to be reimbursed.

    1,359 posts

    I won my case against easyJet and strong aviation legal people appointed by easyJet, I would definately pursue it if my case was strong.

    358 posts

    Just so that folk don’t think I’m keeping any further secrets – I took the refund, so Easyjet win, which as has been pointed out above, is probably what they hope for by being difficult.

    I’m out of pocket and there’s a principle in play, but I just couldn’t be arsed devoting any more time to it.

    143 posts

    There is another reason why you might have pursued it namely whether taking part in the “litigation” process is something you might find personally interesting and therefore worth your time regardless of the potential financial recovery that you might have obtained. There are plenty of us on here that have developed a rather geeky interest in this area and there are others who have enjoyed the process of pursuing a misbehaving company and feel they have learnt something in the process.

    Nevertheless there is no one side fits all and it sounds like you made an informed choice. So as long as you are personally content with the balancing exercise you have performed then you have made the right decision for you.

    I have to say for my part airlines promising to perform their duty in law and then reneging on the same is particularly poor form.

    2,412 posts

    That’s a good point @StillintheSun

    Given that there was a telephone call in which the airline said they would pay if customer booked a replacement flight on another airline, I suppose a DSAR to the airline requesting a copy of the recording of that call would have proven it.

    At arbitration or MCOL the airline wouldn’t then have a leg to stand on and payment would have been made.

    While I take @JDB’s points often made, about is it worth following the process to challenge an airline when the payment at issue can be relatively small, and the relatively low costs to pursue at arbitration or even MCOL in the UK may slightly increase if the airline games it as far as a hearing hoping to deter you, and this so often when it’s really clear the law is on your side and the airline has flagrantly denied your rights…Sometimes I wish the well-off on here would indeed pursue it because they have the means (nouse, strength, knowledge, and a small bit of cash). Whereas many others also flagrantly wronged by these standard illegal denials of the airlines, are not in such a well-resourced position in life.

  • You must be logged in to reply to this topic.

The UK's biggest frequent flyer website uses cookies, which you can block via your browser settings. Continuing implies your consent to this policy. Our privacy policy is here.