Originally Posted by
LCY8737
My legal experience is somewhat more limited than yours (grand total of one court appearance). In that experience the judge gave me an introduction to what the civil procedure rules actually mean, then told Swiss that when you cancel flights you have to refund people, irrespective of a non-lawyer not understanding the details of the civil procedure rules. I did not get everything I asked for, but I did get my refund.
It may be that I was exceedingly lucky with the judge in my case, but I found the "lets focus on the big picture" approach very positive and I would hope that most judges are like that. And by big picture - in business class I mean space.
I doubt anyone debates the service has been downgraded
Any debate would be has it been downgraded to Y
Other service elements remain, TP, Avios, meal, lounge access, baggage allowance.
I appreciate not everyone avails of all of these while everyone (well except for one well known lawyer) appreciate the benefit of the middle seat being available
So I believe some level of compensation should be paid, I would question if it should be the 75% to Y
This should be on top of any EU261 comp for people who have had flights cancelled
Yes if a flight is cancelled someone should be entitled to a refund if they choose not to fly on an alternate flight