Four family members were travelling together to the USA with two nights stopover in London. They arrived at the Check-in-Desk of Heathrow Terminal 5 in sufficient time before the Check-in was closed to Houston. They were delayed unnecessarily by the Check-in-Desk Agent who spent a huge amount of time to be satisfied that the passengers documentations and PCR Tests were genuine. As a direct result of the delay after the female agent was satisfied of their documentations and as she was about to issue the boarding tickets she said that the time was already 8:25 hours so they cannot meet the flight anymore that was due to depart at 9:25 hours. They pleaded that she should give them the boarding tickets but she refused. She told them their only option was for them to purchase a ticket for the route to the USA alone and to seek refunds from BA Customer Relations. On that basis they complied.
However when they requested refund from BA Customer Relations about ten days later their requests were refused on grounds they were late for the flight. All their explanations were ignored by BA. So they requested for next escalation point. BA signposted them to the CEDR. They then escalated the matter to the CEDR and provided evidence including:
1. Car Park Tickets to demonstrate time of their arrival at Heathrow Terminal 5.
2. Provided pictorial evidence of the name badges of the two Duty Managers who allowed them to take pictures of their name badges to assist them for the refunds.
3. They also provided written communications to BA in which they requested under the Subject Access Regulations for the video clip of the CCTV to demonstrate that they were at the Check-in-Desk in sufficient time but that the Check-in-Desk Agent was just being unfair to them on grounds which may not be unconnected that they were unable to upload their documents via the Verifly Apps. BA responded that they would not need the CCTV to decide the matter but failed to respond to the SAR until after 30 days that heathrow Limited was the data controller. When they requested for the SAR from Heathrow Limited, they received a response that the CCTV was not longer available as they requested more than 30 days after the event.
4. They provided a recorded audio voice of the Check-in-Desk Agent that could be heard that she received them and that the process of the PCR tests and other aspect took time. Thus an evidence to demonstrate on the balance of probabilities that they were at the Check-in-Desk before the the Check-in was closed.
CEDR Adjudicator decided that they provided no evidence whatsoever to demonstrate that they were at the Check-in-Desk one hour before the flight scheduled departure. In fact the Adjudicator found that they arrived at the Check-in-Desk 4 minutes before the scheduled departure at 09:25 hours. The passengers brought those evidence to the attention of CEDR after the final decision and they received a response that the Car Park Ticket does not translate to time they arrived at the Check-in-Desk and no knowledge as to what time the audio was recorded. The passengers wrote back to inform CEDR that the issue was the recorded statement of the Check-in-Desk Agent but the CEDR refused to listen to the recorded audio voice on grounds that the decision of the Adjudicator cannot be reversed.
The challenge for the passengers are that they are neither based in the UK nor in Europe to issue a County Court Claim. Is there any way for the passengers to get justice as the CEDR appeared to have colluded with British Airways according to the passengers by CEDR deliberate refusal to listen to the contemporaneous audio record of the Check-in-Desk agent statement that sufficiently demonstrate on a balance of probabilities that they were at the Check-in-Desk in sufficient time before the Check-in was closed?
However when they requested refund from BA Customer Relations about ten days later their requests were refused on grounds they were late for the flight. All their explanations were ignored by BA. So they requested for next escalation point. BA signposted them to the CEDR. They then escalated the matter to the CEDR and provided evidence including:
1. Car Park Tickets to demonstrate time of their arrival at Heathrow Terminal 5.
2. Provided pictorial evidence of the name badges of the two Duty Managers who allowed them to take pictures of their name badges to assist them for the refunds.
3. They also provided written communications to BA in which they requested under the Subject Access Regulations for the video clip of the CCTV to demonstrate that they were at the Check-in-Desk in sufficient time but that the Check-in-Desk Agent was just being unfair to them on grounds which may not be unconnected that they were unable to upload their documents via the Verifly Apps. BA responded that they would not need the CCTV to decide the matter but failed to respond to the SAR until after 30 days that heathrow Limited was the data controller. When they requested for the SAR from Heathrow Limited, they received a response that the CCTV was not longer available as they requested more than 30 days after the event.
4. They provided a recorded audio voice of the Check-in-Desk Agent that could be heard that she received them and that the process of the PCR tests and other aspect took time. Thus an evidence to demonstrate on the balance of probabilities that they were at the Check-in-Desk before the the Check-in was closed.
CEDR Adjudicator decided that they provided no evidence whatsoever to demonstrate that they were at the Check-in-Desk one hour before the flight scheduled departure. In fact the Adjudicator found that they arrived at the Check-in-Desk 4 minutes before the scheduled departure at 09:25 hours. The passengers brought those evidence to the attention of CEDR after the final decision and they received a response that the Car Park Ticket does not translate to time they arrived at the Check-in-Desk and no knowledge as to what time the audio was recorded. The passengers wrote back to inform CEDR that the issue was the recorded statement of the Check-in-Desk Agent but the CEDR refused to listen to the recorded audio voice on grounds that the decision of the Adjudicator cannot be reversed.
The challenge for the passengers are that they are neither based in the UK nor in Europe to issue a County Court Claim. Is there any way for the passengers to get justice as the CEDR appeared to have colluded with British Airways according to the passengers by CEDR deliberate refusal to listen to the contemporaneous audio record of the Check-in-Desk agent statement that sufficiently demonstrate on a balance of probabilities that they were at the Check-in-Desk in sufficient time before the Check-in was closed?
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