Originally Posted by
sayling
Does this not mean that, because the charges and (at least some of the) taxes do - very much - depend on the class of ticket purchased i.e. APD being different in Club/First compared to Economy or even WTP and thus class dependent, they all form the part of the price of the ticket that should be considered for reimbursement? Further, as you say CWS, the equivalent costs of travel on the downgraded component are irrelevant - the 'penalty' on the airline is to reimburse a percentage of the price of the ticket. It doesn't matter if you are downgraded from First to Economy, WTP or Club - it's the First fare that is reimbursed against.
What I interpret that to mean is that if you are downgraded from WTP to WT, departing the UK, then because APD falls (and dramatically so, respective to ticket pricing on longhaul routes) then BA isn't allowed to benefit from that. Equally if someone is downgraded from First to CW, APD stays the same, so that area is outside the 75% calculation. In other words when it comes to taxes and fees, BA can charge this appropriate to the downgraded class of travel, they don't have refund a chunk of APD if they still pay that APD. Note that clause has two sections - the amount piece, and the "require" clause. So clearly BA is required to pay APD in many cases, and that can legitimately be passed on to the customer. BA absolutely is not required to pay a Carrier Surcharge.
But I still think we need a few more CEDR rulings printed up, nevertheless I really love this sentence from the
flarmip judgement: "As such, I find that a proportion of the Carrier Imposed Charge is refundable under Article 10, in the same way as any other fare component when a downgrade occurs".