FlyerTalk Forums - View Single Post - BA Involuntary Downgrade F>J – but with ample notice, what are my rights? (1st post)
Old Sep 15, 2017, 6:54 am
  #4  
corporate-wage-slave
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Let me welcome you to Flyertalk DrFlyerT, and welcome you to the BA forum. It's good to see you here, and I very much hope that you will continue to be active in this forum. In particular I draw your attention to the main EC261 thread in the dashboard, which gives more information.

The issue of downgrade reimbursement gets complicated, and there isn't a totally waterproof answer that I can give. I suspect, given all the rebooking on your ticket you're now not in a very good position.

If there is an equipment change where First gets taken away, BA treats this as a cancellation - the First service isn't there to give you, so your are entitled to the remediation available in that situation, which consists of just two option: reimbursement or "re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats". Now that allows for you to rebook in First at a later date to GIG, but I suspect that doesn't greatly help. If 2 weeks notice is given, there is no compensation, or reimbursement for downgrade, assuming we follow the cancellation procedures

Now there is an argument, which has been played before in BA FT (historic EC261 threads), that if you end up in CW to GIG then this is a really a downgrade rather than a cancellation, and therefore the downgrade reimbursement applies. You would have to take that matter to court or CEDR (see main thread) since BA won't be agreeing to this argument and I am aware of cases where BA have won that argument in court. However Small Claims cases do not necessarily set precedent.

The further complication here seems to be that you have now agreed to a set of rebooking arrangements, and under another aspect of EC261, you may not get very far since your rebooked tickets(s) would be in CW, not First, and this being something that you agreed to do. Once you have agreed to be reticketed to another cabin, you weaken your EC261 arguments accordingly.

In practical terms, it may be easiest to either ask for a full refund (which BA may now have an argument to refuse) or try to get both of you into CW and argue for a refund of your fare difference from the cheapest First to the cheapest CW available at the time of your booking. This refund may take some time to calculate and you may need to do the necessary research to find out what it ought to be, to ensure you get the correct amount back.
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