can I take BA to court?

"TMOliver" <tmoliverjrFIX.TakeThisOut@hot.rr.comFIX> wrote in message
news:47b59b32$0$6515$4c368faf@roadrunner.com...

> Apparently, the EU has rules and set compensation for circumstances such
> as you describe. Some here, EUers, may be able to advise you on where to
> start in that quarter.


In simple terms they have to offer you another flight or your money back.

They don't have to give you the choice.

When it happened to me I found myself on another flight on the same date but
a bit later.

--
William Black


I've seen things you people wouldn't believe.
Barbeques on fire by the chalets past the castle headland
I watched the gift shops glitter in the darkness off the Newborough gate
All these moments will be lost in time, like icecream on the beach
Time for tea.
 >> Stay informed about: can I take BA to court? 

We were offered no money, no assistance, no other flights. We were
told (by way of a handout) "..we're sorry but we encourage all
passengers to find their own way to heir destination.."
Unbelievable but true!
- gA

William Black wrote:
> "TMOliver" <tmoliverjrFIX.DeleteThis@hot.rr.comFIX> wrote in message
> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>
>> Apparently, the EU has rules and set compensation for circumstances such
>> as you describe. Some here, EUers, may be able to advise you on where to
>> start in that quarter.
>
>
> In simple terms they have to offer you another flight or your money back.
>
> They don't have to give you the choice.
>
> When it happened to me I found myself on another flight on the same date but
> a bit later.
>
 >> Stay informed about: can I take BA to court? 

"William Black" <william.black.RemoveThis@hotmail.co.uk> wrote in message
news:fp4edr$spi$1@registered.motzarella.org...
>
> "TMOliver" <tmoliverjrFIX.RemoveThis@hot.rr.comFIX> wrote in message
> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>
>> Apparently, the EU has rules and set compensation for circumstances such
>> as you describe. Some here, EUers, may be able to advise you on where to
>> start in that quarter.
>
>
> In simple terms they have to offer you another flight or your money back.
>
> They don't have to give you the choice.

If your'e on the return leg they do,

They can't give you half your money back and say "fend for yourself"

tim
 >> Stay informed about: can I take BA to court? 

On Fri, 15 Feb 2008 18:34:43 +0100, "tim \(not at home\)"
<tims_new_home.RemoveThis@yahoo.co.uk> wrote:

>
>"William Black" <william.black.RemoveThis@hotmail.co.uk> wrote in message
>news:fp4edr$spi$1@registered.motzarella.org...
>>
>> "TMOliver" <tmoliverjrFIX.RemoveThis@hot.rr.comFIX> wrote in message
>> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>>
>>> Apparently, the EU has rules and set compensation for circumstances such
>>> as you describe. Some here, EUers, may be able to advise you on where to
>>> start in that quarter.
>>
>>
>> In simple terms they have to offer you another flight or your money back.
>>
>> They don't have to give you the choice.
>
>If your'e on the return leg they do,
>
>They can't give you half your money back and say "fend for yourself"
>

I see you love to make up the law as you go with no basis whatsoever
for what you say. Simply put, your rights are determined by the
carrier's terms and conditions you accepted when you bought the ticket
unless they are overridden by some EU law. If that's what they say,
that's what you get not something you want to make up and assert
 >> Stay informed about: can I take BA to court? 

"John Kulp" <john_kulp.DeleteThis@hotmail.com> wrote in message
news:47b5d234.46250354@news20.forteinc.com...
> On Fri, 15 Feb 2008 18:34:43 +0100, "tim \(not at home\)"
> <tims_new_home.DeleteThis@yahoo.co.uk> wrote:
>
>>
>>"William Black" <william.black.DeleteThis@hotmail.co.uk> wrote in message
>>news:fp4edr$spi$1@registered.motzarella.org...
>>>
>>> "TMOliver" <tmoliverjrFIX.DeleteThis@hot.rr.comFIX> wrote in message
>>> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>>>
>>>> Apparently, the EU has rules and set compensation for circumstances
>>>> such
>>>> as you describe. Some here, EUers, may be able to advise you on where
>>>> to
>>>> start in that quarter.
>>>
>>>
>>> In simple terms they have to offer you another flight or your money
>>> back.
>>>
>>> They don't have to give you the choice.
>>
>>If your'e on the return leg they do,
>>
>>They can't give you half your money back and say "fend for yourself"
>>
>
> I see you love to make up the law as you go with no basis whatsoever
> for what you say. Simply put, your rights are determined by the
> carrier's terms and conditions you accepted when you bought the ticket
> unless they are overridden by some EU law. If that's what they say,
> that's what you get not something you want to make up and assert

They are overriden by an EU law.

The one that says unfair terms are void.

I can't see how you can read "we can decide unilaterally to dump you at your
destination" as anything other than unfair

tim
 >> Stay informed about: can I take BA to court? 

On Fri, 15 Feb 2008 19:20:15 +0100, "tim \(not at home\)"
<tims_new_home.DeleteThis@yahoo.co.uk> wrote:

>
>"John Kulp" <john_kulp.DeleteThis@hotmail.com> wrote in message
>news:47b5d234.46250354@news20.forteinc.com...
>> On Fri, 15 Feb 2008 18:34:43 +0100, "tim \(not at home\)"
>> <tims_new_home.DeleteThis@yahoo.co.uk> wrote:
>>
>>>
>>>"William Black" <william.black.DeleteThis@hotmail.co.uk> wrote in message
>>>news:fp4edr$spi$1@registered.motzarella.org...
>>>>
>>>> "TMOliver" <tmoliverjrFIX.DeleteThis@hot.rr.comFIX> wrote in message
>>>> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>>>>
>>>>> Apparently, the EU has rules and set compensation for circumstances
>>>>> such
>>>>> as you describe. Some here, EUers, may be able to advise you on where
>>>>> to
>>>>> start in that quarter.
>>>>
>>>>
>>>> In simple terms they have to offer you another flight or your money
>>>> back.
>>>>
>>>> They don't have to give you the choice.
>>>
>>>If your'e on the return leg they do,
>>>
>>>They can't give you half your money back and say "fend for yourself"
>>>
>>
>> I see you love to make up the law as you go with no basis whatsoever
>> for what you say. Simply put, your rights are determined by the
>> carrier's terms and conditions you accepted when you bought the ticket
>> unless they are overridden by some EU law. If that's what they say,
>> that's what you get not something you want to make up and assert
>
>They are overriden by an EU law.
>
>The one that says unfair terms are void.

There is nothing whatsoever unfair about BA's terms and conditions
that Martin posted.

>
>I can't see how you can read "we can decide unilaterally to dump you at your
>destination" as anything other than unfair

Rather obvious since that is not what happened if you bother to read
the letter this chap wrote to BA. He voluntarilty took off and
traveled on his own. The only thing that might mitigate this is the
notice he says he was handed IF he has a copy AND that's what it
actually says. Without that, the only thing that anyone can determine
happened is he didn't want to stand in line and deal with BA. That
has nothing to do with the airline and they would be perfectly within
their rights to say he ignored their contract and that's his
responsibility.
 >> Stay informed about: can I take BA to court? 

"John Kulp" <john_kulp.DeleteThis@hotmail.com> wrote in message
news:47b5db05.48507520@news20.forteinc.com...
> On Fri, 15 Feb 2008 19:20:15 +0100, "tim \(not at home\)"
> <tims_new_home.DeleteThis@yahoo.co.uk> wrote:
>
>>
>>"John Kulp" <john_kulp.DeleteThis@hotmail.com> wrote in message
>>news:47b5d234.46250354@news20.forteinc.com...
>>> On Fri, 15 Feb 2008 18:34:43 +0100, "tim \(not at home\)"
>>> <tims_new_home.DeleteThis@yahoo.co.uk> wrote:
>>>
>>>>
>>>>"William Black" <william.black.DeleteThis@hotmail.co.uk> wrote in message
>>>>news:fp4edr$spi$1@registered.motzarella.org...
>>>>>
>>>>> "TMOliver" <tmoliverjrFIX.DeleteThis@hot.rr.comFIX> wrote in message
>>>>> news:47b59b32$0$6515$4c368faf@roadrunner.com...
>>>>>
>>>>>> Apparently, the EU has rules and set compensation for circumstances
>>>>>> such
>>>>>> as you describe. Some here, EUers, may be able to advise you on
>>>>>> where
>>>>>> to
>>>>>> start in that quarter.
>>>>>
>>>>>
>>>>> In simple terms they have to offer you another flight or your money
>>>>> back.
>>>>>
>>>>> They don't have to give you the choice.
>>>>
>>>>If your'e on the return leg they do,
>>>>
>>>>They can't give you half your money back and say "fend for yourself"
>>>>
>>>
>>> I see you love to make up the law as you go with no basis whatsoever
>>> for what you say. Simply put, your rights are determined by the
>>> carrier's terms and conditions you accepted when you bought the ticket
>>> unless they are overridden by some EU law. If that's what they say,
>>> that's what you get not something you want to make up and assert
>>
>>They are overriden by an EU law.
>>
>>The one that says unfair terms are void.
>
> There is nothing whatsoever unfair about BA's terms and conditions
> that Martin posted.

If you mean the one that Martin's posted in a different group, then I agree.

But they specifically do not say that *they* have the choice of giving you
your money back and leaving you stranded. Which is the claim by a previous
poster that led to me saying that such a term would be uneforcable (if it
existed).

I made no specific claims about the reasonableness, lawfulness or otherwise
of any other contractual clauses

tim
 >> Stay informed about: can I take BA to court? 

On Fri, 15 Feb 2008 19:49:22 +0100, "tim \(not at home\)"
<tims_new_home RemoveThis @yahoo.co.uk> wrote:


>> There is nothing whatsoever unfair about BA's terms and conditions
>> that Martin posted.
>
>If you mean the one that Martin's posted in a different group, then I agree.

Yes, that's the one.

>
>But they specifically do not say that *they* have the choice of giving you
>your money back and leaving you stranded. Which is the claim by a previous
>poster that led to me saying that such a term would be uneforcable (if it
>existed).

Yes they do. I just did a search on their site for flight
cancellations and this is the direct quote from it:

"In the event that a flight operated by British Airways is cancelled,
British Airways will offer to carry you to your destination on another
flight or to give you a refund. You may also be entitled to
compensation and care at the airport, which in some circumstances, may
include overnight accommodation."

This clearly gives them the option.
 >> Stay informed about: can I take BA to court? 

"John Kulp" <john_kulp.RemoveThis@hotmail.com> wrote in message
news:47b5e372.50663890@news20.forteinc.com...
> On Fri, 15 Feb 2008 19:49:22 +0100, "tim \(not at home\)"
> <tims_new_home.RemoveThis@yahoo.co.uk> wrote:
>
>
>>> There is nothing whatsoever unfair about BA's terms and conditions
>>> that Martin posted.
>>
>>If you mean the one that Martin's posted in a different group, then I
>>agree.
>
> Yes, that's the one.
>
>>
>>But they specifically do not say that *they* have the choice of giving you
>>your money back and leaving you stranded. Which is the claim by a
>>previous
>>poster that led to me saying that such a term would be uneforcable (if it
>>existed).
>
> Yes they do. I just did a search on their site for flight
> cancellations and this is the direct quote from it:
>
> "In the event that a flight operated by British Airways is cancelled,
> British Airways will offer to carry you to your destination on another
> flight or to give you a refund. You may also be entitled to
> compensation and care at the airport, which in some circumstances, may
> include overnight accommodation."
>
> This clearly gives them the option.

It's also what the EU rules say.

You can't force someone to sell you an air ticket from somewhere that no
longer operates aircraft.

When it all went horribly wrong in the Lebanon a year or so ago insisting
your airline gives you a ticket wouldn't get you on a flight out of the
Lebanon, because there weren't any...


--
William Black


I've seen things you people wouldn't believe.
Barbeques on fire by the chalets past the castle headland
I watched the gift shops glitter in the darkness off the Newborough gate
All these moments will be lost in time, like icecream on the beach
Time for tea.
 >> Stay informed about: can I take BA to court? 

"John Kulp" <john_kulp DeleteThis @hotmail.com> wrote in message
news:47b5e372.50663890@news20.forteinc.com...
> On Fri, 15 Feb 2008 19:49:22 +0100, "tim \(not at home\)"
> <tims_new_home DeleteThis @yahoo.co.uk> wrote:
>
>
>>> There is nothing whatsoever unfair about BA's terms and conditions
>>> that Martin posted.
>>
>>If you mean the one that Martin's posted in a different group, then I
>>agree.
>
> Yes, that's the one.
>
>>
>>But they specifically do not say that *they* have the choice of giving you
>>your money back and leaving you stranded. Which is the claim by a
>>previous
>>poster that led to me saying that such a term would be uneforcable (if it
>>existed).
>
> Yes they do. I just did a search on their site for flight
> cancellations and this is the direct quote from it:
>
> "In the event that a flight operated by British Airways is cancelled,
> British Airways will offer to carry you to your destination on another
> flight or to give you a refund. You may also be entitled to
> compensation and care at the airport, which in some circumstances, may
> include overnight accommodation."
>
> This clearly gives them the option.

what Martin posted said

"you can choose one of the three remedies set out immediately below"

Tim

>
>
 >> Stay informed about: can I take BA to court? 

"William Black" <william.black.RemoveThis@hotmail.co.uk> wrote in message
news:fp4r2q$s1g$1@registered.motzarella.org...
>
> "John Kulp" <john_kulp.RemoveThis@hotmail.com> wrote in message
> news:47b5e372.50663890@news20.forteinc.com...
>> On Fri, 15 Feb 2008 19:49:22 +0100, "tim \(not at home\)"
>> <tims_new_home.RemoveThis@yahoo.co.uk> wrote:
>>
>>
>>>> There is nothing whatsoever unfair about BA's terms and conditions
>>>> that Martin posted.
>>>
>>>If you mean the one that Martin's posted in a different group, then I
>>>agree.
>>
>> Yes, that's the one.
>>
>>>
>>>But they specifically do not say that *they* have the choice of giving
>>>you
>>>your money back and leaving you stranded. Which is the claim by a
>>>previous
>>>poster that led to me saying that such a term would be uneforcable (if it
>>>existed).
>>
>> Yes they do. I just did a search on their site for flight
>> cancellations and this is the direct quote from it:
>>
>> "In the event that a flight operated by British Airways is cancelled,
>> British Airways will offer to carry you to your destination on another
>> flight or to give you a refund. You may also be entitled to
>> compensation and care at the airport, which in some circumstances, may
>> include overnight accommodation."
>>
>> This clearly gives them the option.
>
> It's also what the EU rules say.

No it's not. The EU rules require the airline to take you back to the
starting point, including, where appropriate, bussing pax back to the same
airport if the alternative flight is to an alternative in the same area

> You can't force someone to sell you an air ticket from somewhere that no
> longer operates aircraft.
>
> When it all went horribly wrong in the Lebanon a year or so ago insisting
> your airline gives you a ticket wouldn't get you on a flight out of the
> Lebanon, because there weren't any...

This is a very extreme set of circumstances which doesn't apply here.

tim
 >> Stay informed about: can I take BA to court? 

"tim (not at home)" <tims_new_home.DeleteThis@yahoo.co.uk> wrote in message
news:61mcfrF2016vmU1@mid.individual.net...
>
> "William Black" <william.black.DeleteThis@hotmail.co.uk> wrote in message
> news:fp4r2q$s1g$1@registered.motzarella.org...
>>
>> "John Kulp" <john_kulp.DeleteThis@hotmail.com> wrote in message
>> news:47b5e372.50663890@news20.forteinc.com...
>>> On Fri, 15 Feb 2008 19:49:22 +0100, "tim \(not at home\)"
>>> <tims_new_home.DeleteThis@yahoo.co.uk> wrote:
>>>
>>>
>>>>> There is nothing whatsoever unfair about BA's terms and conditions
>>>>> that Martin posted.
>>>>
>>>>If you mean the one that Martin's posted in a different group, then I
>>>>agree.
>>>
>>> Yes, that's the one.
>>>
>>>>
>>>>But they specifically do not say that *they* have the choice of giving
>>>>you
>>>>your money back and leaving you stranded. Which is the claim by a
>>>>previous
>>>>poster that led to me saying that such a term would be uneforcable (if
>>>>it
>>>>existed).
>>>
>>> Yes they do. I just did a search on their site for flight
>>> cancellations and this is the direct quote from it:
>>>
>>> "In the event that a flight operated by British Airways is cancelled,
>>> British Airways will offer to carry you to your destination on another
>>> flight or to give you a refund. You may also be entitled to
>>> compensation and care at the airport, which in some circumstances, may
>>> include overnight accommodation."
>>>
>>> This clearly gives them the option.
>>
>> It's also what the EU rules say.
>
> No it's not. The EU rules require the airline to take you back to the
> starting point, including, where appropriate, bussing pax back to the same
> airport if the alternative flight is to an alternative in the same area
>
>> You can't force someone to sell you an air ticket from somewhere that no
>> longer operates aircraft.
>>
>> When it all went horribly wrong in the Lebanon a year or so ago insisting
>> your airline gives you a ticket wouldn't get you on a flight out of the
>> Lebanon, because there weren't any...
>
> This is a very extreme set of circumstances which doesn't apply here.

So?

It doesn't change what the regulations say...

--
William Black


I've seen things you people wouldn't believe.
Barbeques on fire by the chalets past the castle headland
I watched the gift shops glitter in the darkness off the Newborough gate
All these moments will be lost in time, like icecream on the beach
Time for tea.
 >> Stay informed about: can I take BA to court? 

gA wrote:

> Four months ago BA left me stranded in Rome after canceling all their
> flights. I had to find my way back to Canada without any assistance and
> this cost me a lot of money in purchasing other air tickets, hotels,
> taxis, etc. BA acknowledged the problem at first but refuse to answer
> any of my follow-up correspondence. What's the best way to deal with
> this? Has anyone ever been in this situation? Is there an authority on
> these matters? Should the Canadian Court have jurisdiction on this?
> Thanks for any advice you can offer.
> - gA

How many more hotels and taxis did you pay for?

If BA had to cancel flights in Italy, couldn't you have taken a train to
another country and fly BA from there? I think Canada would be the
easiest point from which you could sue, but it is your duty to mitigate
damages. Of course, your contract might limit you to damages.
I don't thank r.t.a is the best alternative for legal advice.
I am certain you could have gotten transport from BA somewhere in Europe.
 >> Stay informed about: can I take BA to court?