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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I am in dispute with British Airways following a flight to

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I am in dispute with British Airways following a flight to the Bahamas in May 2014. They are offering £800 as an EVoucher which I am not prepared to accept. The seating in the Business Class cabin did not recline or go flat and we were given forms to complete (presumably for compensation). We tried to book our seats 24 hours before our flights outward and inward and our seats had already been allocated - we were NOT sitting together on each flight and we were unable to change this. We were informed at Nassau airport that had we paid an extra £60 each then we would have been seated together. Having already paid Business Class fares, we felt this most unfair. Our issue is mainly that we are not being offered monetary compensation. We have no intention of travelling with BA in the future so how can we use an EVoucher?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was it guaranteed that you would be sitting together?
Customer: replied 2 years ago.

No but paying Business Class fares, one would expect a couple with the same surname to be seated together...

Expert:  Jo C. replied 2 years ago.
Thtas bad news Im afraid.
Was it guaranteed that the chairs would recline?
Customer: replied 2 years ago.

Yes Business Class seats recline to different positions including going flat like a bed. The seats did not move at all - there was a mechanical fault in all the seats in the Business Class Cabin. Hence the reason we were issued with forms to complete and return to the cabin crew. The Captain even apologised to each passenger for the seats not reclining...

Expert:  Jo C. replied 2 years ago.
Thanks.
It is fairly bad news overall Im afraid although there might be some action you could take over that.
Come what may though, you used the service. You are on the flights. Therefore, sadly, you are liable to pay for it.
Its easy though to refuse a voucher. Just don't accept it. The question is where does that take you. The only way to claim more is to sue. Then the Court would consider whether this amounts to a breach of contract or just bad service and the level of the breach.
The failure to provide windows is a breach of contract. There was a clear guarantee that was not honoured. You do have a claim on the basis alone. The question is for how much. There is no prospect of getting everything back as you did take the flight but you may be able to get the difference between standard use and buinsess class.
Failing to seat you together is just bad service though I'm afraid. Its not a breach of contract and doesn't give rise to a claim.
You can always sue them here
www.moneyclaim.gov.uk
But send them a letter before action warning them of your intention first.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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