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EQ Change Advance Downgrade - Cancellation Rules?

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Old Jul 12, 2016, 1:36 pm
  #1  
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EQ Change Advance Downgrade - Cancellation Rules?

Flying BOM-LHR in the New Year, and they've swapped out a 789 for a 3-class 777, resulting in me being moved from F to J.

Looked up the BA Travel Trade website for their commercial policy (easier than waiting for my TA to come back) to determine if I can cancel for a full refund and book a new ticket in the ongoing sale. Found this:

Only if fare rules allow on the original ticket issued, refund to the original form of payment

My ticket is in A4SUKP, which has this on Penalties:

CANCELLATIONS

BEFORE DEPARTURE
CHARGE GBP 300.00.
NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING.
CHARGE APPLIES TO ADULTS CHILDREN AND INFANTS
WITH A SEAT FOR CANCELLATION PRIOR TO TICKETED
DEPARTURE TIME OF OUTBOUND FLIGHT.
INFANTS WITHOUT A SEAT ARE NOT CHARGED THE FEE.
--------------------------------------------------
WAIVED FOR DEATH OF A PASSENGER AND PASSENGERS
TRAVELLING COMPANIONS.
--------------------------------------------------
REFUND PERMITTED WITHIN TICKET VALIDITY.
--------------------------------------------------
Does this mean that if I ask to cancel the ticket, they are likely to charge me Ł300 for the cancellation, or because the ticket is refundable at all, would I get a full refund?

Thanks!

Last edited by colm; Jul 12, 2016 at 1:45 pm
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Old Jul 12, 2016, 3:38 pm
  #2  
 
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Remember the downgrade rule on EU261/2004!
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Old Jul 12, 2016, 3:43 pm
  #3  
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It is as it says - cancelling will give you a refund of amount paid minus $300

However, since you have been downgraded and no longer have what you purchased, you are entitled to a refund without penalty

if you travel , however, you could claim 75% refund on that sector under EC261
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Old Jul 12, 2016, 3:50 pm
  #4  
 
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Dave Noble how are you entitled to a refund without penalty? The ticket doesn't allow cancellation without charge nor does the T&C of downgrades.
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Old Jul 12, 2016, 4:01 pm
  #5  
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Originally Posted by Swampz64
Dave Noble how are you entitled to a refund without penalty? The ticket doesn't allow cancellation without charge nor does the T&C of downgrades.
Because what was booked no longer exists.
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Old Jul 12, 2016, 4:04 pm
  #6  
 
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How can that be reconciled with the fare rules, which say that a refund is available only if the original ticket is refundable (presumably less a cancellation fee).

Clearly I'd argue that it's an unfair term in a consumer contract, etc., but BA's policy would suggest they'd like to rebook A into C or D and refund the presumably paltry fare difference.
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Old Jul 12, 2016, 4:08 pm
  #7  
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Originally Posted by Cymro
How can that be reconciled with the fare rules, which say that a refund is available only if the original ticket is refundable (presumably less a cancellation fee).

Clearly I'd argue that it's an unfair term in a consumer contract, etc., but BA's policy would suggest they'd like to rebook A into C or D and refund the presumably paltry fare difference.
Sorry, but the fare rules become irrelevant once a major change such as this happens. The principle is you are normally allowed a refund of the difference down to J, reasonable reroute, or full refund.
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Old Jul 12, 2016, 5:00 pm
  #8  
 
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I shouldn't have said fare rules (because obviously BA is now in breach of contract, and in my view, material breach).

Agreed that that is what experience shows and consumer protection law and probably card merchant agreements would demand - but I still can't get my head around the guidance to travel agents that says no refund other than on fare rules.
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Old Jul 12, 2016, 10:56 pm
  #9  
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Originally Posted by Cymro
How can that be reconciled with the fare rules, which say that a refund is available only if the original ticket is refundable (presumably less a cancellation fee).

Clearly I'd argue that it's an unfair term in a consumer contract, etc., but BA's policy would suggest they'd like to rebook A into C or D and refund the presumably paltry fare difference.
The airline is no longer providing that which was booked and so the cancellation penalty does not apply.

I am sure that the airline ( if booked directly ) would refund without penalty and If the travel agent refused to refund, this is a situation where a disputed charge would be quite appropriate with the credit card company ( assuming booked by card )

Last edited by Dave Noble; Jul 12, 2016 at 11:31 pm
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Old Jul 13, 2016, 2:04 am
  #10  
Ziz
 
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This happened to me very recently. I just called up and they said I could get a refund of the whole ticket, or change my itinerary for free to get on flights that still had F. It was no problem at all.
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Old Jul 13, 2016, 2:32 am
  #11  
 
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BA treats withdrawal of a cabin as a cancellation. BA's own T&Cs allow an involuntary (full) refund should the flight be canceled. The fare rules do not apply to such a situation.
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Old Jul 13, 2016, 2:52 am
  #12  
 
Join Date: Aug 2013
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Originally Posted by Cymro
I shouldn't have said fare rules (because obviously BA is now in breach of contract, and in my view, material breach).

Agreed that that is what experience shows and consumer protection law and probably card merchant agreements would demand - but I still can't get my head around the guidance to travel agents that says no refund other than on fare rules.
Yes, I agree that guidance (in the link upthread) doesn't make sense. A refund should be offered regardless of the fare rules.
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Old Jul 13, 2016, 3:18 am
  #13  
 
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If a full refund wasn't given, an airline could make a nice little earner out of taking bookings and then cancelling the flights.

Not a great long term business strategy, I grant you, but lucrative for a quick killing
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