Old Aug 30, 18, 12:44 pm
  #1245  
corporate-wage-slave
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Originally Posted by TeamStorm View Post
1) Do I give BA the benefit of the doubt, as the flight isn't cancelled, and it could appear they were trying to get out of paying appropriate compensation for what should have been an involuntary downgrade - or do you think this is just incompetence, anyone had this before ?
2) I can't make the earlier flight they have moved me to in F, and they've now told me there isn't any Club seating left on the three-class 777 that's replaced my four-class 777, so all they could offer me on that now is WT+ (so a double downgrade) - if I accept that, is that then a 'voluntary' downgrade, as they are offering me first on another flight.
It is standard procedure on BA that if there is an equipment change that leads to either First or WTP no longer being offered then it comes over to the user as a cancellation. This has some advantages since it allows easy rebooking to other services, including perhaps another trip to Israel if that suits you. It also allows a full refund, and to get to TLV by some other route - and there are many such options including off course Iberia (which BA should be able to offer to you, I think). BA have in the past tried to argue that this cancellation, if more than 2 weeks notice is given, means they feel they don't owe you the downgrade cancellation reimbursement in EC261, however they no longer allow that to go to an MCOL hearing. So long as it is properly argued against the wording of EC261 then BA can't really avoid that reimbursement. They obviously are ok to give their own Involuntary Refund calculation, which is unlikely to be better than EC261 in this case, though it will depend on what you paid. So in short I think you are OK for EC261 reimbursement, if that is the route you decide to go. There has been a number of debates in this forum about whether cancellation does or does not allow rebooking without reimbursement, this can be seen in the archive of this thread, and there's no point reheating that argument here.

However given the flight is so far off, it is for certain that at least one CW seat will come up for sale between now and then, and so I would hold off accepting the WTP offer and keep checking the flight, using ExpertFlyer to watch the buckets. As soon as you see J1 then you can jump in. You would still be entitled to reimbursement for downgrading, if you stick to the original flight number. However in terms of this question.....

Originally Posted by TeamStorm View Post
3) If a double-downgrade does that change compensation, as I've rolled all the way from a First product, through Business and down to an Economy product (which I'm actually shocked they would allow to happen).
There is of course no EC261 compensation for downgrades, just a reimbursement calculation explained at the top of the thread. It makes no difference to that calculation if you end up in WT, WTP or CW. However BA have in the past offered customer remediation - varying from very generous (e.g. YVR) to zero - for First downgrades. You should certainly ask YouFirst about this, though I suspect they will say "write to Customer Relations after the flight".

I hope you can reach a suitable agreement with BA on what happens next. If not, then you would need to think MCOL, not CEDR, since there is at least one CEDR staff member who simply doesn't understand the wording of the Regulation in this area, even though they are very clear.
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