Originally Posted by
corporate-wage-slave
Because BA will argue that you fixed the new arrangement, and thus downgrade, they do have an argument here. Your reply will be that it was impossible to contact BA to get a timely rebooking in comparable conditions. Had BA's IT or Engagement Centres allowed you, then the result would have been the same in terms of travel, but your Mennens claim would be difficult for BA to avoid. I think MCOL probably would be a surer solution, however BA may choose to fight it and then it could be a year before you get to a court room. There is supposed to be a mediation stage too, beforehand, but that's relatively new and there are zero reports on how that works with BA. So CEDR makes more sense since it's going to be faster and you can still go to MCOL if it doesn't work - though an adverse CEDR finding would probably damage the MCOL process at least to some extent. I would push for b. and note that you will be prepared to accept a replacement voucher with a longer expiry date instead of the additional Avios. But to be honest, this is quite a novel area so I'm not sure whatever expertise I'm supposedly bringing is necessarily helpful, you may be better to go with your own instincts.
Thanks
corporate-wage-slave . Yes, my thinking here is that option b avoids the risk of the downgrade claim being thrown out on the basis of the argument that we fixed the new arrangement, despite clear justification. I'm also mindful that CEDR has found in favour of the argument that companion vouchers be valued at their redeemed Avios value in downgrade cases where BA has argued they have no value. Whilst this scenario isn't the same, it's an extension of the same principle.
In line with my instincts and your advice, I'm minded to go to CEDR in the first instance with an overall argument constructed as follows (assuming this continues to play out the way I expect):
- In light of its cancellation of the booked service, BA was obligated to offer a reroute option "under comparable transport conditions, to <our> final destination at the earliest opportunity".
- As it was impossible to contact BA to get a timely rebooking in comparable conditions and with Manage My Booking offering only a refund, that resulted in a self-booked downgrade on BA metal being the only practical solution (not to mention a cost-effective one for BA).
- BA is refusing to refund the replacement flights and reimburse for the downgrade in line with EC261/2004 Article 10.
- It has instead offered only a refund of the original booking, but has offered to settle a claim for Duty of Care (Article 9) costs.
- The original booking was purchased with a combination of cash, Avios and an upgrade voucher earned for this booking and redeemed as valuable consideration in lieu of xxx,000 Avios.
- Its refund offer returns that voucher to my account, our now being unable to use it for the purpose for which it was earned and with only y months of its original 24 months validity remaining.
- In view of the circumstances, we are prepared to accept a refund of the original booking (along with agreed Duty of Care costs) as full settlement on condition that the upgrade voucher is refunded as xxx,000 Avios, i.e. the value for which it was redeemed.