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Views on compensation offered [problem seat in F]

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Views on compensation offered [problem seat in F]

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Old Sep 1, 2015, 3:52 am
  #16  
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(Edited point 1 to account for new posts while I was drafting this originally)

Thanks all for the responses. I think I will write back to BA and see where it gets me.

1) IDB - I wasn't offered a seat in any other class. I was offered a seat on the last service of the day whilst standing at the aircraft (that my wife and son took) door. 10 minutes later, I was offered an F seat on the 21.50 service. No suggestion of a J, W or Y seat at any stage and hence no refusal from me.

2) No vegetarian food in the CCR. The server couldn't care less. She said "We've run out" and then stared at my wife. Nothing else offered. (I didn't think about the CW buffet upstairs)

Thanks again
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Old Sep 1, 2015, 4:05 am
  #17  
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Originally Posted by 710 77345
Indeed, but EU compensation is not always applicable when an IDB occurs.
If the flight falls within the scope of the Reg, compensation is always applicable in case of IDB. What can vary is the amount of compensation (i.e. it can be reduced by 50% below a certain delay threshold).
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Old Sep 1, 2015, 4:05 am
  #18  
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Originally Posted by 710 77345
This is all getting rather silly... Please can posters read the messages before replying, or thinking about what they're going to say? I don't mind reading the 1,000 messages you've written in the last 2 months, but it is a waste of everyone's time if we all just reply for the sake of bumping post counts.
Hmmm...

(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
My bolding. Now

Further the Captain was unhappy with the position it was in so it was now out of use.
Is it that clear cut ?
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Old Sep 1, 2015, 4:05 am
  #19  
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Originally Posted by nux
A downgrade to J would be 75% refund of the fare paid.

.
A downgrade full stop qualifies for the 75%.

Starting and ending cabin class makes no difference.

A WT+ to WT downgrade would still be 75% same as F to WT
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Old Sep 1, 2015, 4:23 am
  #20  
 
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Originally Posted by NickB
If the flight falls within the scope of the Reg, compensation is always applicable in case of IDB. What can vary is the amount of compensation (i.e. it can be reduced by 50% below a certain delay threshold).
No, not if boarding was refused because of safety (or a few other reasons) - and as the OP said the Captain wasn't happy with him flying in the wonky seat, presumably as it wasn't safe in the event of an accident, the airline has a decent defence.
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Old Sep 1, 2015, 4:25 am
  #21  
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Originally Posted by henkybaby
Is it that clear cut ?
I think you're interpreting it wrongly.

These conditions relate to the *passenger*, and a safety consideration would be where they are reasonable grounds to believe that carrying the passenger would pose a risk to the safe operation of the aircraft.

It does not mean that an airline can weasel out of compensation when they are unable to provide adequate seating.
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Old Sep 1, 2015, 4:26 am
  #22  
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Originally Posted by 710 77345
No, not if boarding was refused because of safety (or a few other reasons) - and as the OP said the Captain wasn't happy with him flying in the wonky seat, presumably as it wasn't safe in the event of an accident, the airline has a decent defence.
That is what the CSD told me at the aircraft door
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Old Sep 1, 2015, 4:27 am
  #23  
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Originally Posted by 710 77345
No, not if boarding was refused because of safety (or a few other reasons) - and as the OP said the Captain wasn't happy with him flying in the wonky seat, presumably as it wasn't safe in the event of an accident, the airline has a decent defence.
That line of argument is going nowhere. This is a technical failure (which may have safety implications) and there's now substantial jurisprudence to say that almost all of these are not covered by that get-out clause. I agree IDB is almost black and white here.
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Old Sep 1, 2015, 4:58 am
  #24  
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And that is how you learn something new here every day ^

Thanks all.
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Old Sep 1, 2015, 9:31 am
  #25  
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You've shown over your years on here to be a very decent chap, so I think you deserve quite a bit more than what they offered.
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Old Sep 1, 2015, 11:13 am
  #26  
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Originally Posted by HIDDY
You've shown over your years on here to be a very decent chap, so I think you deserve quite a bit more than what they offered.
Very kind words HIDDY, much appreciated.
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Old Sep 1, 2015, 11:33 am
  #27  
 
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a very reasoned explanation of the situation you experienced

taking all circumstances ( in particular the upset and inconvenience of not travelling with your family ) the compensation offered is too low

personally I do not think 40,000 avios to be unreasonable

but a good decision by the captain to not allow the seat to be used
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Old Sep 1, 2015, 11:36 am
  #28  
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Originally Posted by corporate-wage-slave
That line of argument is going nowhere. This is a technical failure (which may have safety implications) and there's now substantial jurisprudence to say that almost all of these are not covered by that get-out clause. I agree IDB is almost black and white here.
Indeed. The CJEU has scotched that one good and proper in the Finnair case. It is clear that the exceptions are exceptions related to the passenger (e.g. the passenger presents a safety/health risk because he or she is too drunk or ill, etc...).
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Old Sep 1, 2015, 2:49 pm
  #29  
 
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Originally Posted by corporate-wage-slave
That line of argument is going nowhere. This is a technical failure (which may have safety implications) and there's now substantial jurisprudence to say that almost all of these are not covered by that get-out clause. I agree IDB is almost black and white here.
I don't think it's that clear cut - I'm only aware of case law that say IDB can occur even when overbooking hasn't occurred. In this instance there was a seat on a plane, the airline was prepared to carry the passenger right up until the point the captain ruled it out on safety ground.

To be clear, I'm not (and have not said) that this wasn't a case that entitles the OP to EU compensation, just that there is a decent argument that can be used in the airline's defence.

However, to make sure I don't start sounding like one of the posters on the EU thread who likes to focus on each point without context to the point of absurdity, I shall quietly wait and see if BA does actually try and defend itself or just pays up the necessary cash quickly and easily (as it should do for messing around an F passenger regardless). If you have an example of a case that involves the safety argument though, please do share and I will happily change my mind!
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Old Sep 1, 2015, 3:41 pm
  #30  
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I had 100k points or £500 credit for a F seat which wouldn't fully recline (I had it to about 160-170 degrees) on a LAS-LHR. I took the credit, but I did have to push at the time for more than 50k Avios.
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