FlyerTalk Forums - View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Old Mar 26, 2021, 6:58 am
  #71  
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Originally Posted by TabTraveller
Thank you - I had reached the point with BA where I was considering just booking a mileage ticket and reclaiming the cost through court. Are you aware of any precedent for there needing to “award seats” available? I appreciate this is the argument that BA will likely use but it seems this is inferring words that don’t exist in the regulations.
Yes, you're absolutely right, it's a typical thing that airlines do to impute meaning which doesn't exist in the text. I'm not aware of a senior judgement that can be totally relied upon here, my strong guess is that if it got to the Supreme Court then they would read available seats in an every day use form. Moreover if in doubt the usual decider is that right at the start of the Regulation there is a statement about the intent for a high level of protection for passengers, so if in doubt the consumer should prevail. But I doubt you would want to go to the SC on this, and so your better bet would be to monitor availability and be prepared to be flexible.
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