missed flight Iberia

clairelow

last august we were sent to the wrong gate at Madrid airport, for our flight connection between Madrid and Heathrow, 24 of us were sent to the wrong gate, when they noticed they shipped us over to the correct gate, via shuttle but our plane had gone, after nearly 5 hours in the airport at the Iberia counter with no food or drink offered, we were finally sent to a hotel where we spent the night and got our flight home the next morning, I tried using the resolver but I went throghth the whole procedure and got nowhere, I then went to civil aviation authority who told me I had to complain to the Spanish aviation authority. we put our claim in with Spain end september 2018, it has taken them till ned of January to even acknologe the case, however I am now thinking we did not need to go to Spanish aviation authority and I should have done something else? can anyone help

Caz3121

was the wrong gate on your boarding pass, screens in airport or was it a person that directed you? was the person airport or airline staff?

clairelow

when we landed from Miami we were told our gate had changed, we had to go to the Iberia desk and have our tickets changed to the right gate before we we allowed though. does that help

Caz3121

I think this will be a complaint to the airline and see where it takes you. I don't believe EU261 would come into play here. Your complaint is that the person on the desk gave incorrect information and resulted in a missed flight

clairelow

we have already complained to the airline, using the resolver on here, got nowhere at all , just kept getting the same response

We apologize for the inconvenience caused by the incident on your flight BA7282 dated 21/08/2018.

In order to carry out our daily operation, we depend on external factors that are beyond our scope of control and before which we have no possibility of action. Our main objective is to offer a better service to our customers every day and reduce the impact of these factors on their experience. Unfortunately, and despite our efforts, in this case we were not been able to prevent our customers from being affected.

We thank you for your understanding and reiterate our apologies for not having fulfilled your expectations.

We hope your next flights are satisfactory. Thank you for continuing trust in Iberia.


Kind regards,

Iberia Express Customer Support

clairelow

we went as high as the general manager, and funnily enough got no response?
everyone who was on the flight from Miami was sent to the same gate, so it was not just us, they were also completely aware that we were at the wrong gate so tried to get us moved but the shuttle bus did not arrive in time, the poor guy at the desk was seriously stressed

DrA_Harrogate

clairelow wrote: »

we went as high as the general manager, and funnily enough got no response?
everyone who was on the flight from Miami was sent to the same gate, so it was not just us, they were also completely aware that we were at the wrong gate so tried to get us moved but the shuttle bus did not arrive in time, the poor guy at the desk was seriously stressed

Greetings. The central point of the EU legislation is that airlines have to compensate for problems that are within their control. There has indeed been much to-ing and fro-ing over the years as occurrences that airlines averred were out of their control e.g. mechanical failures were deemed by Courts to be within their control. I am sure that the airline's position here is that the airport messed up not them, and the circumstances are therefore 'extraordinary'. After all, the flight was on time, it was just that you were not on it! I am pretty sure that the legislation does not place a legal responsibily on third party contractors such airports.

Voyager2002

DrA_Harrogate wrote: »

Greetings. The central point of the EU legislation is that airlines have to compensate for problems that are within their control. There has indeed been much to-ing and fro-ing over the years as occurrences that airlines averred were out of their control e.g. mechanical failures were deemed by Courts to be within their control. I am sure that the airline's position here is that the airport messed up not them, and the circumstances are therefore 'extraordinary'. After all, the flight was on time, it was just that you were not on it! I am pretty sure that the legislation does not place a legal responsibily on third party contractors such airports.

However, the incorrect information was given by someone on the Iberia desk, so clearly that was within the airline's control.



I suspect that in legal terms this should be a claim for denied boarding rather than flight delay...


Anyway, I suggest that you instruct a solicitor who practices in this area of law: the obvious one is Bott and Company but many others are available. And hurry up: from Brexit day it may no longer be possible to pursue this through the courts.

Justice13075

Seeing that most of the solicitors charge the same Bott & Co are the leaders in flight delay compensation and have been the company that has done more to get people's compensation from the airlines.

JPears

Voyager2002 wrote: »

However, the incorrect information was given by someone on the Iberia desk, so clearly that was within the airline's control.



I suspect that in legal terms this should be a claim for denied boarding rather than flight delay...


Anyway, I suggest that you instruct a solicitor who practices in this area of law: the obvious one is Bott and Company but many others are available. And hurry up: from Brexit day it may no longer be possible to pursue this through the courts.

Wrong, reg 261/2004 is embedded in UK law so brexit is irrelevant.

JPears

Voyager2002 wrote: »

However, the incorrect information was given by someone on the Iberia desk, so clearly that was within the airline's control.



I suspect that in legal terms this should be a claim for denied boarding rather than flight delay...


Anyway, I suggest that you instruct a solicitor who practices in this area of law: the obvious one is Bott and Company but many others are available. And hurry up: from Brexit day it may no longer be possible to pursue this through the courts.

Wrong, reg 261/2004 is embedded in UK law so brexit is irrelevant.