Total FT newbie here so pls be kind lol I'd just apprciete a little advice...
***TL;DR…. With reference to the EU261/2004 regulations – is the 75% fare refund still applicable if you are involuntarily downgraded from F to J (due to cancellation/equipment change) even if you have been given months notice prior departure?****
Booked holiday for sister and myself LHR>GIG on BA First (cash payment). This would have been my FIRST ever F class flight on any carrier, was very excited and as we are only going for 3 nights (for rio carnival) the fact it was first was a massive part of holiday. Sadly, since booking, we’ve been downgraded to J to due to equipment swap 777>787. I called BA who informed zero compensation payable as I booked the cheapest F class and fare they had provided ‘comparable transport conditions’ J on Club World– all of which I naively took as being kosher. As a result, I asked if we could be rerouted in First LHR>GRU (Sao Paulo) I even offered to pay for our own connecting flights GRU>GIG. BA agreed and changed my flight but, due to a slight date change, I was unable to rebook my sisters flight without consulting first. When I called back later to change to my sisters flight this was declined. Was shirtily informed my reroute was a one-off, in fact erroneous, ‘gesture of good will,’. If I wanted to fly with my sister I would have to fly in CW with her, still without any comp. Dissatisfied, I escalated my complaint to the line-manager who upheld the operators position . Eventually, he proposed a refund of the difference in fares for my sisters flight only, which I reluctantly accepted as I had been left to believe it would be the best offer I would be able to negotiate. So, bewilderingly, we now fly on separate dates, on separate planes - to separate destinations - on our joint holiday! (!?!?) ….brilliant!!!!
Thankfully however, I recently read the EU261/2004 regulations (!!) and now I feel I have been misled by BA, who at best have been disingenuous with me. In light of then legislation, I’d now like to fly out with my sister in CW and obtain appropriate compensation.
So…will the 75% fare refund still be applicable in my particular circumstance i.e. where I have been given months of advance notice? My feeling is yes I am legally entitled; but I’ll have to give irrefutable reasoning. If not, why not (I don’t see time limits mentioned) and what should I seek instead?
As a compromise, I would potentially accept the same level of refund my sister was offered (with CCR access) but I’m conscious BA will try to reframe the situation as to avoid any additional alterations. I really don’t want to be left with this expensive, haphazard mess. Its an arrangement I would have never entertained if I was aware, or (ideally) been made aware, of my EU rights. I need to know if I’ve a definite leg to stand on. And if so, how best to present the argument so that BA can’t shirk out of their duties.