Originally Posted by
DrSE
I bought the ticket trough BA Callcenter in October 17.
Well everyone I talked to at BA was clearly saying that the mistake was on their side. 75 % of the ticket wouldn't be much and no one was able to tell me how much it would be.
I am really convinced that BA has to pay me at least for the Lufthansa Ticket because they messed this completely. We had a contract they where unable to fulfill it - I get it elsewhere - and they have to pay the damage. Thats how it would work under german law.
I hope BA will make this an easy one. I fly a lot with them. If I do a mistake e.g. wrong date and I see it after the flight (no-show) Its my problem and they wouldn't help me probably. This time they did a mistake so they should handle it gentle.
Also I think its a pretty complex itinerary with 12 flights in it. I really think the 75% of the last 2 flights of 12 would be a phantasy unclear amount of money which is completely up to the goodwill of BA.
Interesting is that BA offered me to fly tomorrow in Biz which is to late. This could give me the opportunity to claim 400 or 600 Euro TXL-CAI is 3200 and LHR-CAI is 3520 KMs - because with the new ticket I just expedited my journey to Cairo that would have been delayed 24 hours otherwise.
Do not go spend the EUR 2,100 refund you think BA is obligated to pay you for the LH ticket or the EUR 600 in delay compensation under EC 261/2004 just yet. You are likely to be sorely disappointed. You should carefully review the contract you entered with BA as it is exactly that agreement which was met and won't stand you very well.
Indeed BA is at fault and has told you so. But, that does not give you a license to spend EUR 2,100 on a new ticket to be paid for, ultimately, by BA.
1. BA downgraded you. You are now guaranteed a seat in the CW cabin, merely a refund of the fare difference (under the contract) or 75% of the base segment fare if the segment is covered by the Regulation, which it is. You, of course may run these numbers on your head based on your e-ticket receipt. Even if you can't get this down to the last decimal, you can get pretty close.
2. BA was not obligated to, but did offer you transportation in CW on the next available service. Had you accepted that, you would have been delayed by your own choosing (recognizing that you wanted to fly in CW, but could not). Thus, no delay compensation.
3. You also chose not to accept the downgrade and its accompanying refund under the same Regulation.
4. You chose to purchase a new ticket for EUR 2,100. BA did not contract to cover this for you and unless you have something from BA, either in writing or recorded, do not expect to see this sum.
5. You are not entitled to a refund of the unflown segments, but it is BA's practice to refund those. Whatever those segments are worth will be what you see, along with something for your troubles (not much and in the form of a voucher). Do make certain that if you have onwards segments post Cairo that those remain intact.