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Help - 2 4 1 Club bumped to WT+ at check in

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Old Aug 19, 2017, 1:40 pm
  #61  
 
Join Date: Oct 2003
Location: London
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Originally Posted by solwayspeedbird
As cynical as I may sound reading everything you guys have wrote on this thread and in the past i believe we were targeted due to the 2 4 1.
Do not worry, you will not be unlucky twice. Sounds like the person you spoke to at Gatwick was really doing a number on you - 40 Gold card holders ahead of you? £200 being the compensation you are due They should be fired by British Airways, but in today's world more likely to be promoted. I worry for the day in the future when my phone is spammed by the guys who have moved on from PPI misselling to BA compensation claims.

Enjoy the beach, sort this out when you get back - a few legal forms, a phone call with a mediator, and you'll have a nice wodge of cash or a travel voucher in your pocket, having had a reasonable cabin on the day flight and a flat bed on the way back.
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Old Aug 19, 2017, 2:53 pm
  #62  
 
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I know the chances of it are still slim, but this thread has taken the gloss off 2-4-1 for me even further. I've also got an MCO flight in October with it, and for me the chances are maybe slightly higher, as we're in a group of 12 (9 revenue, 2-4-1, plus normal avios), but all on separate bookings. I only travel CW/F for leisure, scrape Silver each year, but whats the point? I don't need Silver as I'd get most of it with a CW (or equivalent other carrier booking). I don't need to pay amex £195/year. All would be great, and I'd be happy, but worrying that I'm going to get downgraded is just not worth the hassle, I'd rather pay. (And as I'm tall, I'd rather not fly than fly WT/WT+). No answers required here, its just a rant.
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Old Aug 19, 2017, 3:03 pm
  #63  
 
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Originally Posted by nufnuf77
I think travelling in CW sounds like a good option in case of downgrade. Estimating value for joker+241+a75% avios seems like the compensation would be almost as much as those tickets cost you :-) (Joker alone seem to be valued at 50000 avios by BA)
Totally agree - was just wondering what the procedure would be if it happened. I think I'd most disappointed about missing out on my planned T3 oneworld F lounge crawl! I haven't made it into any of those yet.
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Old Aug 19, 2017, 3:06 pm
  #64  
 
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What CWS says about Amex is interesting. I'm a lawyer (not aviation) but I am a litigator, and I agree that 'joining in' / naming other parties as defendants can have quite interesting consequences. For some clients it can be quite sensitive if it happens to them, and there might be overarching commercial agreements between multiple organisations which also come into play (and clients get jumpy about being forced to disclose - not an issue in a simple money claim). One other thing to think about, given BA's shoddy service is to complain to AmEx and say you think BA deliberately targeted you as a cardmember. If AmEx get enough of these complaints, they might well also launch an investigation - especially because they are a financial services business. And AmEx have pretty good service so might not be so quick to just fob you off.

I'm not going to dabble in EC261 advice.

I'd be thoroughly pissed off though!!!
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Old Aug 19, 2017, 3:30 pm
  #65  
 
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Your seat selection fee is a seperate issue. Just fill in the seat selection refund form on BA.com to get that refunded.
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Old Aug 19, 2017, 5:24 pm
  #66  
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Originally Posted by corporate-wage-slave
Well I hesitate to interrupt the important issue of you enjoying your holiday, but firstly you cannot sign away your EC261 refund just like that, but it would be good to see the wording of the document you signed to see what they were getting at, and I hope you have a copy.
I published the form on HFP a few week ago. It implies to the casual reader that you have forfeited your EU261 rights. This is not actually what it says - since EU261 rights cannot be signed away - but if you had no legal experience you could easily believe otherwise and not bother claiming.
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Old Aug 19, 2017, 7:55 pm
  #67  
 
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If you push for rerouting in the same class on a different flight later in the day, say 5 hours later, do you still get the "delay" part of EU261? Or is that considered to be a suitable alternative that doesn't qualify for any compensation?

Also, if you are on an Avios one way flight which is 20k for Y, 40k for W, 60k for J and 80k for F, for example, and you are downgraded from F to J would you get 75% of the entire one way Avios amount (so 75% of 80k which is 60k) back in Avios?
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Old Aug 20, 2017, 1:21 am
  #68  
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Originally Posted by HarryKUK
If you push for rerouting in the same class on a different flight later in the day, say 5 hours later, do you still get the "delay" part of EU261? Or is that considered to be a suitable alternative that doesn't qualify for any compensation?
Right to care you should get, that's an absolute. The Article 7 could easily be argued both ways given there were 2 options on the table, the problem being that it also overlaps with Involuntary Denied Boarding, which is one factor that discourages airlines from doing this. If it got to a senior court (which in the case of BA would never happen) then my suspicion is that the judiciary would see the legislation is about protecting consumers' interests and would thereby be guided if someone was unclear. I suspect that many passengers would be entirely happy with a £x voucher and a rebook a few hours later, rather than the downgrade.

Also, if you are on an Avios one way flight which is 20k for Y, 40k for W, 60k for J and 80k for F, for example, and you are downgraded from F to J would you get 75% of the entire one way Avios amount (so 75% of 80k which is 60k) back in Avios?
That would be my understanding, and ditto with the cash element, but with some fudging there on the taxation component.
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Old Aug 20, 2017, 1:53 am
  #69  
 
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Originally Posted by corporate-wage-slave
Right to care you should get, that's an absolute. The Article 7 could easily be argued both ways given there were 2 options on the table, the problem being that it also overlaps with Involuntary Denied Boarding, which is one factor that discourages airlines from doing this. If it got to a senior court (which in the case of BA would never happen) then my suspicion is that the judiciary would see the legislation is about protecting consumers' interests and would thereby be guided if someone was unclear. I suspect that many passengers would be entirely happy with a £x voucher and a rebook a few hours later, rather than the downgrade.



That would be my understanding, and ditto with the cash element, but with some fudging there on the taxation component.
I guess to go from F to J and get 75% of F back isn't too bad, and similar for W to Y, but the worst situation is therefore J to W in terms of what you get back compared to the difference in product?

I guess it depends on circumstance / how many passengers / if you have kids etc but my initial thought is if I am alone then waiting for a later flight in the same cabin is usually better than downgrading, unless you absolutely have to get on that flight?
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Old Aug 20, 2017, 2:55 am
  #70  
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Originally Posted by Raffles
This is not actually what it says - since EU261 rights cannot be signed away
Indeed, you cannot -it is very important for people to remember that when discussing with airlines as it is not unusual for airline staff (either candidly or not, I have no idea) to suggest that the passenger already 'settled' for something.
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Old Aug 20, 2017, 3:12 am
  #71  
 
Join Date: Aug 2016
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My daughter was the unfortunate revenue passenger downgraded ANU LGW a month or so back my wife and I travelling on 2-4-1 escaped the chop, I suspect as much down to incompetence at the ANU end as my daughter being last top check in. The £200 credit card certainly doesn't waive EU261 and BA paid a further £450 albeit some time later and with no breakdown of where that figure came from I could've requested a receipt but lost the will somewhat and my fag packet calculations came to around £530 so £450+£200 seemed a good deal. I know it 'll be more difficult with Avios and 2-4-1 in the mix but don't worry about signing the dotted line. Funny how they make you do it at the most stressful time boarding the aircraft and delaying hundreds of irate holiday makers did the same to my youngest a fifteen-year-old nervous flyer.

Enjoy the holiday and your extra £400
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Old Aug 20, 2017, 3:58 am
  #72  
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Originally Posted by Raffles
I published the form on HFP a few week ago. It implies to the casual reader that you have forfeited your EU261 rights. This is not actually what it says - since EU261 rights cannot be signed away - but if you had no legal experience you could easily believe otherwise and not bother claiming.
Originally Posted by orbitmic
Indeed, you cannot -it is very important for people to remember that when discussing with airlines as it is not unusual for airline staff (either candidly or not, I have no idea) to suggest that the passenger already 'settled' for something.
I took a picture
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Old Aug 20, 2017, 4:13 am
  #73  
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Thanks very much for posting that photo (the link to the ex gratia payment card page is also useful):
https://www.britishairways.com/en-gb...rd/information

The first statement looks OK to me, but there again I've been socialised with EC261 for a long time. All it is saying is that this isn't actually ex gratia in respect of EC261, it's a part payment. The second sentence makes it clearer still, but I guess they could have used more simple English. 7.3 isn't the actual compensation part of the Regulation, it says this:

Originally Posted by EC261 Article 7
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
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Last edited by corporate-wage-slave; Aug 20, 2017 at 4:19 am
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Old Aug 20, 2017, 4:42 am
  #74  
V10
 
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Reading that, I can see that plenty of laymen would take the wording of that as being definitive.

Sorry, c-w-s - there is quite specifically no indication that this is a part payment that I can see.
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Old Aug 20, 2017, 5:18 am
  #75  
 
Join Date: Aug 2016
Posts: 76
Originally Posted by V10
Sorry, c-w-s - there is quite specifically no indication that this is a part payment that I can see.
The wording is deliberately ambiguous! More importantly, it doesn't say in full and final settlement.

When I accepted one of these I later complained through customer services and they very briefly tried to fob me off with the payment card being your payment, but a strong rebuttal put paid to that they quickly coughed up the balance
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