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BA failed to tell me about a cancellation of flight Rio De Janeiro to Amsterdam within 14 days. Under the EU directive I am entitled to 600 Euro. It was not extraordinary circumstances.
BA are refusing to honour their legal obligations. They point me to an exchange I had with them via email. I booked the flight with a flight voucher issued during Covid, and paid the difference with my card.
I received the voucher in settlement after starting separate legal proceedings against them last year.
Their legal representative told me that they wanted me to agree that "you will not take legal action (again) while travelling on this ticket" before issuing this voucher.
My understanding was this related to any/all issues up to that point, would not be litigated before/whilst travelling, and whilst the wording seemed confused, how could I possibly have a crystal ball and predict future problems? So I thought it could only mean they wanted assurances the voucher was accepted in final settlement and no more claims based on anything up to that point would be commenced.
I accepted on this basis. Then they failed to notify me the flight was cancelled, triggering the 600 Euro entitlement.
They are now refusing to honour their obligations under the EU directive, and tell me if I take legal action to force them to, "they are covered by our agreement."
I think this is ridiculous. Can anyone advise?
I would not even be taking legal action "whilst travelling on [the] ticket" and would be starting them after having returned home.
It seems to me that preciseness is important. Also, I think in general terms, a Judge would have a hard time accepting that I somehow was willing to disavow myself of all legal rights pertaining to any claim in the future not currently known about - as it could not even have happened yet, being in the future...
BA are refusing to honour their legal obligations. They point me to an exchange I had with them via email. I booked the flight with a flight voucher issued during Covid, and paid the difference with my card.
I received the voucher in settlement after starting separate legal proceedings against them last year.
Their legal representative told me that they wanted me to agree that "you will not take legal action (again) while travelling on this ticket" before issuing this voucher.
My understanding was this related to any/all issues up to that point, would not be litigated before/whilst travelling, and whilst the wording seemed confused, how could I possibly have a crystal ball and predict future problems? So I thought it could only mean they wanted assurances the voucher was accepted in final settlement and no more claims based on anything up to that point would be commenced.
I accepted on this basis. Then they failed to notify me the flight was cancelled, triggering the 600 Euro entitlement.
They are now refusing to honour their obligations under the EU directive, and tell me if I take legal action to force them to, "they are covered by our agreement."
I think this is ridiculous. Can anyone advise?
I would not even be taking legal action "whilst travelling on [the] ticket" and would be starting them after having returned home.
It seems to me that preciseness is important. Also, I think in general terms, a Judge would have a hard time accepting that I somehow was willing to disavow myself of all legal rights pertaining to any claim in the future not currently known about - as it could not even have happened yet, being in the future...
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