Originally Posted by
NickB
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.
I think that's why I put this scenario forward. What constitutes compliance? What is a reasonable offer of a comparable flight? One day, two days, 3, a month etc? We had a 2 yr old child with us jobs to go back to, was it actually a reasonable choice we had? For info all the economy passengers were placed on the Virgin flight regardless. There were virgin premium and upper seats available but we were not offered them. I'll let you know how this ends up, but I too think BA will try and argue this.