"No show" on BA outward flight - then BA cancelled the return leg

[mangoginger]

Hi folks

I purchased a BA ticket to Amsterdam about 18 months ago for a personal development conference - all paid for by myself. Before leaving and at the last minute my employer asked me to go to Washington just before - which meant i had to fly London to Washington, then Washington to Amsterdam, then Amsterdam to London. My employer purchased the equivalent of two singles: London to Washington and Washington to Amsterdam, and I assumed I would be able to jump on the return leg of my BA ticket back to London and not use the outward ticket.

I didn't let BA know that I still wanted to keep my seat for the Amst-London return flight. When I got to the airport in time for the Sunday evening flight they would not let me board - saying they had cancelled my return ticket. I asked to board because i had purchased the ticket and they told me the flight was full (i.e. someone was IN my seat). I had to buy an Easyjet flight (now late at night) which you can imagine as it was also last minute was a ridiculous price (about £300).

I complained to BA - and they said their action was justified because it is in the small print. I asked Which?advisors and they said there is nothing i can do and this is ok for airlines to do this.

However, i would argue that i SHOULD be given a refund (not to mention compensation for the inconvenience and additional potential risk that they subjected me to) because: a) the small print for something as BIG as that should not be so small (they have a responsibbility ot make it clear). b) they have all my details in their database (their frequent flyer scheme) - and while they were able to email me about one of their (unwanted) offers they failed to email me or phone me querying why i didn't turn up for the flight and asking me if it is OK for them to cancel my return leg and sell my ticket to someone else. 3) I don't care what their small print is - if I have paid for a seat it must be illegal for them to sell the same seat to someone else whatever the situation and surely ridiculously greedy to not even give me a refund as they had sold it to someone else. Ok, so greed is unfortunately not a crime but unfair business practices (or something similar) is?

I would be grateful for insight from any legal wizard who know the aviation industry.

Lesley

[MARTIN3030]

Terms and conditions are always open to challenge.

In any event,they are not entitled to keep the tax you paid.

I think you should send a demand for a refund outlining all you say here,and asking for a reply by 14 days.

Then report back either way.

[MARTIN3030]

Even Ryanair allows you to use the return if you dont use the outbound.

 

From their website;

 

All Ryanair flights are fully changeable but cannot be cancelled. Passengers are therefore not required to notify us if they are unable to travel on their booked flights. Passengers who do not use their outbound flight may use their return flight.

[Conniff]

So what does the 'small print' actually say?

 

I can't see it being legal to sell the seat to someone else and not make a refund no matter what the small print says, it must be in here (unfair terms in consumer contracts regulations 1999) somewhere.

 

As above, they have to give you the tax back irrespective.

[jo jo 2012]

Hi I used to work for BA .....so have a bit of knowledge after 25 years of working for them....there are a few reasons why if a passenger no shows for their outbound flight an airline will cancell the inbound leg of the ticket...

One of the first is ...scheduled airlines have varying types of tickets all holding different rules and regulations eg :- a return ticket lon ams lon will be a lot less than a one way ticket ams lon........so the computer system will cancell the return journey as its protecting the uk fare....

Around trip ticket purchaced has to be used for a round trip and not a one way .....

[jo jo 2012]

sorry finished too quick there......there will be some taxes fees and charges refundable but you will find not many

[Conniff]

So would you like to quote where we can find these rules and most of all, 'egulations'where it says an airline can sell a seat that has already been paid for and not do a refund.

 

What you say still doesn't make sense as a round trip ticket isn't cheaper than a one way, otherwise no one way tickets would be sold only round trip tickets and half that trip not used.

[MARTIN3030]

I booked a return flight with BA myself last year online from Kiev to London.

After deciding to stay for more days,I tried to cancel.

I knew it was a non refundable flight but that they had to refund the tax.

What I found was that their admin fee was more or less exactly the same price as the tax-which I think was £75.

It seems to me that their systems are set up in such a way that their Admin fees wipe out any refund due.

 

There have been lots of discussions about the fees and charges for things like name changes etc which some can charge £50 for.

 

These are nothing short of penalty charges,and I doubt very much if they could furnish a genuine pre estimate to substantiate the fees as fair.

 

Most people accept what they are told when advised they are not entitled to refunds,it is up to you to take them on.

[Cityboy62]

So would you like to quote where we can find these rules and most of all, 'egulations'where it says an airline can sell a seat that has already been paid for and not do a refund.

 

What you say still doesn't make sense as a round trip ticket isn't cheaper than a one way, otherwise no one way tickets would be sold only round trip tickets and half that trip not used.

 

Lesley (OP), Conniff & Martin3030

 

The small print is to be found in BA's General Conditions of Carriage which all passengers are required to indicate they have read and understood before being allowed to complete a ticket purchase. The specific section which affect your query is 3© as follows:

 

3c) Using flight coupons in the right sequence and changes in itinerary

 

 

3c1) Your ticket is valid only for the transportation shown on it from the place of departure through any agreed stopping places to the final place of destination. The fare you have paid is based on our tariff for the transportation shown on your ticket and forms part of your contract with us.

3c2) Your ticket is no longer valid if you do not use all the coupons in the sequence provided in the ticket. Where you change your travel without our agreement and the price for the resulting transportation you intend to undertake is greater than the price originally paid, you will be requested to pay the difference in price. Failure to pay the price applicable to your revised transportation will result in refusal of carriage.

3c3) If you want to change all or part of your transportation, you must contact us beforehand. We will work out the revised fare for your changed transportation. You will have the option of either accepting the revised fare or maintaining your original transportation.

3c4) If you need to change any aspect of your transportation because of events beyond your control, you must contact us as soon as possible. We will use reasonable efforts to transport you to your next stopover or final destination, without re-calculating the fare.

3c5) If you change your transportation without our agreement, your unused flight coupons will not be valid for travel and will have no value and we will not carry you until:

• we or our authorised agents have re-calculated the revised fare for your actual transportation and
  
• you have paid the difference (if any) between the fare you have already paid and the revised fare which applies to your changed transportation.
  

If the revised fare is lower than the fare you have already paid, we or our authorised agents will refund you the difference.

3c6) While some changes to your transportation will not result in a change of fare, others, such as changing the place of departure (for example, because you have not used the first flight coupon in your ticket or you have reversed the direction of your travel) may result in a fare increase. Many fares are valid only for travel on the dates and for the flights shown on the ticket. You may not be able to change these at all or only if you pay us an extra fee to do so.

3c7) We will accept each flight coupon in your ticket for transportation in the class of service on the date and flight for which you have a reservation unless you fail to meet the check-in and boarding requirements in clause 6 or we have to deny you boarding because of overbooking or we exercise our right to refuse to carry you under clause 5d3 or 7.

3c8) If we issue a ticket without a reservation being specified on it, you may make a reservation later but whether you will be able to do so will depend on our tariff and whether a seat is available on your chosen flight.

3c9) If you cancel a booking before the check-in deadline for your flight, we will not cancel your return or onward reservations.

3c10) If you fail to cancel a booking before the check-in deadline for your flight and do not show up for the flight, we may decide to cancel your return or onward reservations.

[mattyprice4004]

'and additional potential risk that they subjected me to'

 

What risk would this be, then?