Thank you in advance for the help with this particularly tricky situation. I’m currently working through a CEDR case against British Airways and am wondering if anyone has run into a similar issue when claiming downgrade compensation.
British Airways lawyers have responded to my downgrade compensation claim saying that because I’ve booked through Amex (which they’ve designated as a travel agent), Amex is supposed to compensate me for the downgrade, not British Airways. I’ve tried that route, but Amex said British Airways is responsible. Per EU261, downgrades are entitled to compensation of 75% if my distance is >3,500km, so my sense is that British Airways is on the hook.
To keep what happened simple:
- I booked a business class flight through Amex
- The flight took off, but was forced to return to the departure airport due to an electrical failure after an hour or so
- I was rebooked onto a different flight in economy class >4 hours later
British Airways has compensated me GBP 520 for the delay but refuses to provide downgrade compensation. Why would Amex be responsible for the downgrade compensation as British Airways claims? It just doesn’t seem to make much sense to me.I plan on responding in the CEDR portal, but my questions are simply:
- Has anyone been in a similar situation?
- Is British Airways right?
- What’s the best way to respond from here?
- After I respond, does CEDR then adjudicate?