Originally Posted by
paulwuk
BA should pay you:
75% of the total money you transferred to BA for the ticket (Taxes for CW return tickets 2 Adults, 1 child)
AND
150,000 miles (75% of the total miles spent on the ticket)
AND
€1800 (assuming you arrived home >4 hours late)
Your 2-4-1 probably won't come back.
Not so fast. While I can certainly see how that conclusion can be reached, I can also see how BA might want to argue that the offer of a flight two days later in CW constitutes compliance with their Reg 261/2004 obligations and that the decision to go for the Virgin flight constitutes a voluntary change by the passenger that does not attract downgrade compensation.
While, if pushed, I would probably agree with the solution you reached, there is, imo, room for discussion here and I would not bet money on the outcome of any litigation on this.
It is also highly unclear, imo, how the 2-4-1 issue should be addressed under the Reg.