I paid over �2,000 for my BA business class ticket. Because I missed my outbound flight BA refused to let me use my return
In early February, I booked a business-class ticket through BA's website to Muscat, Oman. I picked the cheapest business seat tickets available on the website and the total return cost was approximately �2,100. It was neither a direct flight nor indeed the cheapest but because I am a frequent flyer with BA, I was happy to go with it.
I was sick on the day of my trip and didn't make it to the airport in time. When I called BA, it told me my booking would be registered as a no-show and there was no recourse to put me on another flight out. It said I'd bought a non-flexible ticket and those were the conditions of the booking. Determined to make the trip, I rebooked a flight with Qatar Airways in economy. I made my meeting but became increasingly ill with a stomach bug over the next day or so.
As I was now in Muscat and still had a BA return flight booking from Muscat to London, I assumed I would be able to catch the return flight on the more comfortable business seat. I called BA to confirm and was told that because I'd missed my outgoing flight, I was no longer entitled to travel back on the return ticket. Thankfully, I still had my economy seat with Qatar Airways.
I suffered an uncomfortable flight back to London. When I got better, I wrote to BA to complain. I was told this was policy. If so, I would deem it an unfair policy and the terms and conditions are unreasonable and detrimental to the customer. Do I have a case for some kind of redress or compensation? BL, London
BA claims to be the world's favourite airline, but our letterbag suggests readers are growing tired of this sort of treatment ? particularly you who had paid more than �2,000 for your ticket. We asked BA why it wouldn't let you use the return portion of your ticket. It said your ticket was non-refundable, and because you hadn't arrived for the outward bound leg, your return had automatically been cancelled ? as per its terms and conditions. It also said this policy is the same with all airlines.
Policies like this anger passengers because they contravene their sense of natural justice. You paid for a ticket, and felt that the return leg was still yours to use. To get an idea whether such a policy could be challenged, we sent your letter to consumer law expert Christian Twigg-Flesner of Hull University. He likened BA's stance to that once adopted by ferry companies. They used to sell cheap return fares, but would apply an extra charge if you only travelled one way. He also questioned whether BA would have applied the same policy had it been forced to cancel the outward leg of the flight, which of course, it wouldn't.
"One could try to build an argument under the Unfair Terms in Consumer Contracts Regulations 1999 to suggest this is unfair if it is contrary to good faith and creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer," he says.
"It would depend on how clear the terms and conditions are, and how well they are presented to consumers. As this kind of term is probably only going to be relevant in the types of case this consumer has encountered, it won't affect the vast majority of travellers. But if the fare conditions are easily accessible and explained to consumers at the time of booking, then this kind of term might well pass the fairness test."
In essence he said you are probably best putting this down to experience. BA, of course, has lost another passenger, a former Gold card holder, and regular traveller ? for the sake of an easy rebooking.
We welcome letters but cannot answer individually. Email us at consumer.champions@guardian.co.uk or write to Brignall & King, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
Source: http://www.guardian.co.uk/money/2011/jun/11/ba-refused-return-ticket-muscat
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