Iberia not paying legally due compensation - EU regulation 261/2004

tasty_snacks

My wife and I are being lead around in circles and ignored by Iberia in attempting to get the regulatory compensation due to us after our flight was cancelled.

Our flight from Buenos Aires to London (via Madrid) was massively overbooked on 11th June (apparently they had sent the wrong plane - a much smaller one- on the outward leg from Madrid). They seemed perfectly reasonable at the time, putting a big group of us up in a hotel and offering EUR 600 compensation each (which I now know to be the regulatory minimum). It was a complete pain as we both had to reschedule work meetings etc but we shrugged it off as fate and looked at it as one more night in Sth America.

The next day we boarded a flight and were told to contact Iberia once back in the UK regarding claiming the EUR 600. Sounds reasonable, we thought.

Since then, we have tried various avenues (see timeline below) to get this compensation to no avail;

June 15th - Upon getting back to the UK I called customer services, who informed me that I needed to submit a claim online via the complaints process, which I did the same day.

June 16th - email reply rec'd stating that Iberia has an automated system whereby customers affected are offered a voucher to be exchanged at Iberia offices worldwide. We received no such voucher.

June 19th - I again call the UK contact number and am told that I should go to the UK ticket office (at Heathrow), as per the email reply received on the 16th. I explain that we didn't receive a voucher at the time, but am assured that this will not be an issue.

June 28th - Unconvinced by the assureances above I write to the Iberia offices based in Hammersmith, London, explaining the situation thus far. I ask for written confirmation that I can go along to H'row and receive the compensation, as it represents a considerable time investment for me to go there.

July 19th - I've received no reply to the above, so make my way to H'row (not an inexpensive undertaking). The agent at the desk has no idea what I'm talking about and after a long discussion he gives me a Spanish number to call which he says deals with compensation claims. I ask to use their phone there and then but this is declined. I cannot use my mobile on the spot as it's an international number so leave empty handed, having paid for petrol and parking costs to get there.

July 21st - I call the number given to me on the 19th. It relates to lost baggage claims only and am told that I need to contact the UK customer service number. I explain that this has been fruitless so far but the operator's english is sketchy and she is unable to transfer me to anyone else who knows what to do. I resort to filing another, much angrier and more specific complaint online. I state that without immediate resolution I'll be making expense claims for the travelling to & from H'row.

July 26th - I receive an identical email reply to that on June 16th. It addresses none of my points.

Aug 8th - My wife makes an attempt at contact, calling several Iberia numbers gleaned from a Google search. Eventually getting through to someone she is told to hold, waits 20 mins, and is then cut-off. She calls the civil aviation authority but is told that they cannot help as the company is registered in Spain.

Aug 9th - We submit another online complaint demanding that Iberia contact us by phone. Unsurprisingly, we have not yet received any calls.

I'm aghast at this treatment from what I thought to be a decent airline. I'm also exasperated by having to chase Iberia constantly; getting nowhere.

Has anyone else suffered this fate (I wonder how the other 50 or so passengers affected originally are getting on), or does anyone have any advice as to which steps to take next? The best bet seems to return to the office at Heathrow and not leave without a resolution.

Any pointers from the good ship MSE appreciated. :beer:

paddyrg

Threaten small claims court - send a 'letter before action' via recorded delivery. It'll help focus their attention.

visidigi

Indeed, espcially as this was all supposed to have been settled in 7 days under the denied boarding regulations. Time to get legal with them...

DVardysShadow

paddyrg wrote: »

Threaten small claims court - send a 'letter before action' via recorded delivery. It'll help focus their attention.

Don't threaten unless you mean it. But do mean it and do it. My bet is that a letter before action will be roundly ignored and nothing will happen until court papers are sent.

Flyboy152

Have you contacted IATO? Who did you book the ticket through? Have you spoken to your credit card provider?

paddyrg

DVardysShadow wrote: »

Don't threaten unless you mean it. But do mean it and do it. My bet is that a letter before action will be roundly ignored and nothing will happen until court papers are sent.

Indeedy :-)

tasty_snacks

Thanks for all the pointers. I'll draft a 'letter before action' later this evening and pop it in the post. I have no qualms whatsoever about threatening and following through with court action.

Flyboy152 wrote: »

Have you contacted IATO? Who did you book the ticket through? Have you spoken to your credit card provider?

Do you mean the IATA? I hadn't thought of that but will scour their website later to look for the relevant contacts. The ticket was booked through Last Minute and paid for by Amex, but seeing as the flight was (eventually) undertaken I'd have thought this rules those avenues of exploration out.

Flyboy152

tasty_snacks wrote: »

Thanks for all the pointers. I'll draft a 'letter before action' later this evening and pop it in the post. I have no qualms whatsoever about threatening and following through with court action.



Do you mean the IATA?

Oops, bad typo. :embarasse

I hadn't thought of that but will scour their website later to look for the relevant contacts. The ticket was booked through Last Minute and paid for by Amex, but seeing as the flight was (eventually) undertaken I'd have thought this rules those avenues of exploration out.

Your contract is with Last Minute and just because the flight was undertaken, does not mean it conformed to said contract. American Express also may have a liability here as well. Was it the Amex credit or charge card? American Express also operate a charge back policy, it might be worthwhile talking to them about their merchant's non-compliance.

Optimist

Flyboy152 wrote: »

Your contract is with Last Minute and just because the flight was undertaken, does not mean it conformed to said contract. American Express also may have a liability here as well. Was it the Amex credit or charge card? American Express also operate a charge back policy, it might be worthwhile talking to them about their merchant's non-compliance.

You are confusing the issue, the contract is with Iberia.

Lastminute are an agent and as such are an exception to the concept of privity..

The previous advice re letter before action to Iberia then take court action is the way forward.

nomoneytoday

If they're registered in Spain then AFAIK a small claim will have little chance of success
I would be using the travel insurance or credit card S75 cover instead IMHO

Equaliser123

nomoneytoday wrote: »

If they're registered in Spain then AFAIK a small claim will have little chance of success
I would be using the travel insurance or credit card S75 cover instead IMHO

Travel insurance is unlikely to pay out to the same extent.