Involuntary denial of boarding, please help
Apr 22, 2018, 9:37 am
#46
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IANAL but in addition to EC261 regulations which apply to BA in this case as it is an EC carrier operating a flight to the EC, there are several USA laws and regulations that apply. However, note that I'm not suggesting that double compensation is possible in this case. USA laws and regulations apply on USA soil and also to flights departing from the USA.
USA DOT regulations cover IDBs:
Compensation capped at $1350 and is required to be paid in money (usually by mailing a check), not vouchers.
Carrier is required to have an approved plan for prioritizing IDBs and to follow that prioritization. Most airlines protect handicapped individuals, but other factors might include FF status, fare class or fare paid for the segment, and check in time. IIRC this plan must be published, usually as part of the CoC for USA airlines.
Carrier is required to first solicit volunteers before resorting to IDBs, but unfortunately there's no requirement that this be done with enthusiasm or that a reasonable amount of money/vouchers be offered.
Carrier is required to notify IDB individuals of their legal rights and protections.
ACCA = Air Carrier Access Act covers disability issues for airline passengers.
ADA = Americans with Disabilities Act covers other disability issues.
In California, there might be additional protections for disabled individuals on the state and/or local level as CA tends to be a very "disability friendly" place.
From the USA side, as Often1 pointed out, the carrier is required to have a qualified CRO available, at least by phone, at all times, although the CRO's assistance must be requested.
EC261 mandates the Euro600 payment (in money, not vouchers), versus the USA mandated maximum amount of $1350 or four times fare paid for the segment, whichever is lower. EC261 also mandates duty of care. There could be differences regarding requirements to rebook displaced passenger on other carriers in the same cabin of service, but unfortunately VS doesn't offer IFC, just business class, so the other nonstop service to LHR with a FC cabin is likely to be UA from SFO, which doesn't get great reviews. There should also be AA service (probably from SFO to get genuine FC on the domestic connecting flight) with at most one connection from a three class domestic aircraft to a TATL flight with IFC. AF probably has IFC on SFO-CDG but then just EuroBbusiness class on CDG-LHR. KLM doesn't offer IFC, nor does DL so AF would be the only possible SkyTeam option, but would give access to the FC lounge at CDG.
USA DOT regulations cover IDBs:
Compensation capped at $1350 and is required to be paid in money (usually by mailing a check), not vouchers.
Carrier is required to have an approved plan for prioritizing IDBs and to follow that prioritization. Most airlines protect handicapped individuals, but other factors might include FF status, fare class or fare paid for the segment, and check in time. IIRC this plan must be published, usually as part of the CoC for USA airlines.
Carrier is required to first solicit volunteers before resorting to IDBs, but unfortunately there's no requirement that this be done with enthusiasm or that a reasonable amount of money/vouchers be offered.
Carrier is required to notify IDB individuals of their legal rights and protections.
ACCA = Air Carrier Access Act covers disability issues for airline passengers.
ADA = Americans with Disabilities Act covers other disability issues.
In California, there might be additional protections for disabled individuals on the state and/or local level as CA tends to be a very "disability friendly" place.
From the USA side, as Often1 pointed out, the carrier is required to have a qualified CRO available, at least by phone, at all times, although the CRO's assistance must be requested.
EC261 mandates the Euro600 payment (in money, not vouchers), versus the USA mandated maximum amount of $1350 or four times fare paid for the segment, whichever is lower. EC261 also mandates duty of care. There could be differences regarding requirements to rebook displaced passenger on other carriers in the same cabin of service, but unfortunately VS doesn't offer IFC, just business class, so the other nonstop service to LHR with a FC cabin is likely to be UA from SFO, which doesn't get great reviews. There should also be AA service (probably from SFO to get genuine FC on the domestic connecting flight) with at most one connection from a three class domestic aircraft to a TATL flight with IFC. AF probably has IFC on SFO-CDG but then just EuroBbusiness class on CDG-LHR. KLM doesn't offer IFC, nor does DL so AF would be the only possible SkyTeam option, but would give access to the FC lounge at CDG.
Apr 22, 2018, 9:49 am
#47
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EC261 mandates the Euro600 payment (in money, not vouchers), versus the USA mandated maximum amount of $1350 or four times fare paid for the segment, whichever is lower. EC261 also mandates duty of care. There could be differences regarding requirements to rebook displaced passenger on other carriers in the same cabin of service, but unfortunately VS doesn't offer IFC, just business class, so the other nonstop service to LHR with a FC cabin is likely to be UA from SFO, which doesn't get great reviews. There should also be AA service (probably from SFO to get genuine FC on the domestic connecting flight) with at most one connection from a three class domestic aircraft to a TATL flight with IFC. AF probably has IFC on SFO-CDG but then just EuroBbusiness class on CDG-LHR. KLM doesn't offer IFC, nor does DL so AF would be the only possible SkyTeam option, but would give access to the FC lounge at CDG.
Apr 22, 2018, 10:21 am
#49
Join Date: Jun 2013
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IDB'ing a disabled person travelling in first and suggesting travel 4 days later without arranging transport or hotel would have me doubtful they would provide the service they required, and I at least would suggest the feeling of helplessness that BA has invoked by their actions (or lack thereof) is a perfect example of why someone may elect to take a more complicated route in the future.
The actions from BA in this case simply hasn't been good enough, which I think is unfortunate because usually, they are very good with these kinds of issues.
Apr 22, 2018, 10:34 am
#50
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+1 and I hope the OP will pick BA up on this, though we don’t exactly know if a downgrade was offered. Their email to YouFirst May have come before reading EU261 and references their assistance needs, but if not I find the fact YouFirst is unaware or operating ignorant of this worse than the local agents doing so. YouFirst should be jumping through hoops to sort this, not passing the OP over to CR.
Apr 22, 2018, 10:44 am
#51
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Apr 22, 2018, 10:56 am
#52
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Apr 22, 2018, 11:04 am
#54
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Apr 22, 2018, 11:07 am
#55
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Apr 22, 2018, 11:32 am
#57
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Common sense, and, as I understand it, regulations in force on both sides of the Atlantic, suggest she should have been accommodated in the class booked at the expense of inconvenience to other passengers in first-class. If there were seats available in the club cabin (the scenario CIHY seems determined to document), then one of the more able-bodied first-class passengers should have been downgraded.
The OP received cogent advice from CWS. I think "looking for facts so that we can make a judgement" is rather overstating and aggrandising our role in this sad case.
Apr 22, 2018, 11:40 am
#58
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Probably, but that would mean departure from SFO on a *A connection to Eurobusiness at FRA, MUC, ZRH, etc. (all of which are farther from LHR than CDG), not FC on the entire route. Within *A, if there's a nonstop on UA, this would seem to be more appropriate for the OP's needs, especially if the UA aircraft has an suitable FC cabin
Apr 22, 2018, 11:42 am
#59
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Well you know me, I will always call a spade a spade and will say it as I see it, I will also always apologise when I am wrong. 
I am suspicious of the lack of facts and the reason for not sharing them.
I am suspicious of the lack of facts and the reason for not sharing them.
Apr 22, 2018, 11:54 am
#60
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But we are more or less obliged to accept stories as they come, until inconsistencies lead to mistrust. Things usually come out in the wash, and I'd suggest it's best now to wait to hear more from the OP.