YorkieFlyer

I in theory would be content with requesting the next flight with seats in the same class, but who is then responsible for paying expenses and overnight accommodation? If we were to be downgraded from CW on our return from BGI on 2 January I note that J is full/potentially oversold for a week!

UKtravelbear

I've beening thinking about the 'are 2-4-1s paid for?' issue.

My view is that whilst you don't pay a base fare for the 2nd ticket you still have to pay the fees and taxes for them and that includes the BA 'international surcharge' (or whatever it is called this week) and you could make a case that the ticket is not free due to that element of it.

If BA only charged the proper taxes (APD / transportation taxes) and airport and associated fees (US immigration / agriculture for example) and NOT the YQ they would be on firmer ground that it was actually a 'free' ticket and hence not within the scope of EU261.

YorkieFlyer

I' m guessing that Mrs Yorkieflyer and I are first in the firing line if the conspiracy theories are true flying back from BGI on 2 January using a 2 4 1
A further thought I have is what about challenging the lack of likely fulfilment of the BA promise to make available at least 2 CW seats on each flight. We knabbed ours at 355 days out when there were 2 seats made available at midnight, I doubt any more were released for a very popular flight and even if they were we booked the "promised" two seats. A downgrade would surely be breach of contract?
.

Alun

I've posted this before but will add it here too as it may reassure some terrified souls. I was on an overbooked flight in Club World with my two daughters my wife and I on a 2-4-1 daughters on revenue tickets seperate PNRs so 3 bookings my daughter being the last to check in on line was downgraded. There were 2 other 2-4-1 bookings in the cabin too. I suspect had I paid to reserve seats for my daughters they'd have escaped the downgrade. My lesson learned book seats and check in asap, if you can book seats.

Chasing EU 261 from BA a bit like herding cats but perseverance paid off.

It isn't as easy as find the 2-4-1 companion, well not all the time anyway.

bluemoon68

I agree. I also think that Amex advertising that boils down to "pay £195, spend £10,000 get a 2-4-1". If the 2-4-1 part is not being honoured, is that a breach of contract?

KARFA

I am not suggesting any motive. However, for the sake of clarity I don't believe it is being done nefariously.

Tobias-UK

Yes.

SilverSkier

Although I would be very unhappy at being downgraded, my main gripe is that if using a 241, the companion "free" ticket is apparently being denied a EU261 payment. The promotion of the 241 voucher by Amex leads the consumer to believe that by using the voucher they will receive an identical ticket to the one they are booking with their avios. If this second ticket is not identical, by virtue of not being eligible for an EU261 payment, then surely consumer law would dictate that this should be stated clearly at the point of purchase, to allow the consumer to make an informed decision? If I buy something in a shop that includes a free item, and that free item is faulty, the shop cannot simply say "well you paid nothing for the item so we're not giving you a replacement or refund" or "we will replace the faulty item, but with one of a lesser value".
I cannot find anything on the Amex website that states that the companion ticket is anything other than an identical product - and as an identical product, surely it comes with all the protection of EU261 that applies to the main ticket? If EU261 is not applicable to the companion ticket, this should be clearly stated in the terms and conditions relating to the voucher.

NWIFlyer

As others have said, it does almost certainly come with that protection, or at least other avenues under consumer law. BA's view of EC261 very rarely coincides with the actual application of the law ... so simply because BA try to deny compensation doesn't mean the MCOL route wouldn't be successful (and sadly mostly necessary).

corporate-wage-slave

EC261 is a EU Regulation enshrined via Statutory Instrument into UK law, and so Ts and Cs cannot just wash that away. Actually BA doesn't formally say EC261 doesn't apply - judging from the paperwork I've seen - and certainly pay the related cash components without quibble. However they have (initially) rejected the several calculations used by claimants for the voucher aspect. I'm not aware of BA ever succeeding in maintaining that in court, though BA have been successful via CEDR in this area.

dougzz

Shocking view. It's not like we're talking about a company that has been fined on more than one occasion for price fixing, oh...........

zanderblue

Appreciate it wouldn't work for everyone, but it would certainly incentivise BA to get you home.

If all BA services are booked out then I'd expect them to look at other carriers to get you home in comparable class, in as timely manner as possible. Similarly, I'd expect BA to provide duty of care, after all the problem is of their making..........they were the ones that overbooked the flight. They can't expect to break a contract with someone and not have consequences to pay!

steve170461

Surely they are going against their own T&Cs by downgrading one of the 2 people travelling on a 241? Either they must travel together or they must not-they cant have it both ways.

It would be interesting if someone were to refuse a downgrade and show the T&Cs as stated above.

john205

Could be risky as both passengers could be downgraded. Although then the compensation question gets answered as the other one would definitely be due the comp.

It could result in throwing two people further down to lower cabins if there wasn't the space in CW for example for 2 downgrades.. which would be even less desirable of a situation.

UKtravelbear

BA would downgrade the F pax to the cabin where there are free seats for them.

They won't downgrade CW passengers to make way for an F downgrade as they would have to reimburse the CW passengers for their downgrade as well as the F passenger.