'Downgrade' from CW to CE to Amman
Jun 20, 2018, 5:50 am
#1
Original Poster
Join Date: Jan 2014
Location: LCY
Programs: Mucci des Ancients Matelots
Posts: 769
'Downgrade' from CW to CE to Amman
Just received this message from BA:
Flight BA0147 on 21-Jun/LHR - due to operational reasons this flight will operate with a Club Europe seat instead of a Club World flatbed, there are no individual seat back inflight entertainment displays on this aircraft. British Airways apologises for any inconvenience caused
CW to CE is quite a drop in service, where do I stand as I guess it's still business class in their eyes. I paid for the flight with avios + companion voucher. Any advice welcome.
Flight BA0147 on 21-Jun/LHR - due to operational reasons this flight will operate with a Club Europe seat instead of a Club World flatbed, there are no individual seat back inflight entertainment displays on this aircraft. British Airways apologises for any inconvenience caused
CW to CE is quite a drop in service, where do I stand as I guess it's still business class in their eyes. I paid for the flight with avios + companion voucher. Any advice welcome.
Jun 20, 2018, 5:56 am
#3
Original Poster
Join Date: Jan 2014
Location: LCY
Programs: Mucci des Ancients Matelots
Posts: 769
Another flight is not really viable as I need to be in Amman for Friday. Although I'm not keen on shouting for compo at every little slight, a CW seat is what I paid for and in my mind I should be compensated but I'm unclear on what I can actually claim for.
Jun 20, 2018, 6:07 am
#4
Join Date: Sep 2012
Posts: 2,575
In the past I believe this has been around £150 or so on a prepaid card at check in as a good will gesture as rightly or wrongly it isn't considered a downgrade... some others on here may have more experience of any other/further remedy
Jun 20, 2018, 6:11 am
#5
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,595
You arn't entitled to any statutory reimbursement since it is still business class - maybe you will get some compensation if you ask for it
Jun 20, 2018, 6:11 am
#6
Community Director
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If this had been a cash purchase I suspect it would have been much clearer - it's an advertised CW service, and BA's own website promises certain things (like flat beds and personal IFE). This would have been a good case to use the Consumer Rights Act to claim that BA had not delivered on contract, and that there was a value attributed to that which should be refunded.
The same should, in theory, apply to a redemption - but BA might try and claim that they merely quote a given number of miles to travel that distance, which hasn't changed, and therefore they've delivered on that under contract law. They'll almost certainly roll out 'loss of enjoyment' and the Montreal Convention as a defence.
The same should, in theory, apply to a redemption - but BA might try and claim that they merely quote a given number of miles to travel that distance, which hasn't changed, and therefore they've delivered on that under contract law. They'll almost certainly roll out 'loss of enjoyment' and the Montreal Convention as a defence.
Jun 20, 2018, 6:14 am
#7
Join Date: Sep 2014
Location: Brexile in ADB
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Posts: 7,067
I believe sammyg901 is correct in terms of EU261, but (and this is as far as I am aware unproven) there may be the ability to use the Consumer Rights Act 2015 to remedy this
Pay attention to these parts
Consumer Rights Act 2015
Do please let us know how you get on
Pay attention to these parts
- Information on the service to be binding
If BA provides information on its products and services, e.g. via a website, and the consumer uses this information to make a decision about flying with BA, this information becomes binding on the airline.
- Consumers to enforces terms about services
If the service provided by BA doesn't conform to the contract made with the airline then consumers have the two remedies
If BA provides information on its products and services, e.g. via a website, and the consumer uses this information to make a decision about flying with BA, this information becomes binding on the airline.
- Consumers to enforces terms about services
If the service provided by BA doesn't conform to the contract made with the airline then consumers have the two remedies
Do please let us know how you get on
Jun 20, 2018, 6:21 am
#8
Join Date: Jan 2008
Posts: 80
I'm afraid I do not have experience how BA would handle any compensation request in this particular instance. This, however, raises two very interesting problems under Reg. 261/04:
First, is CE a "class lower" than CW? It's both sold as business class. I am not aware that this issue (widebody vs narrowbody business class) has been litigated in court yet.
Second, what, if any, is the downgrade compensation if you booked with Avios/miles. This issue was pending before the ECJ last year(a case against LH), but is not anymore (I am guessing here, but presumably LH wanted to avoid a landmark ruling and settled).
No legal certainty one way or the other, but enough leverage to negotiate with BA who may also want to avoid a landmark decision.
First, is CE a "class lower" than CW? It's both sold as business class. I am not aware that this issue (widebody vs narrowbody business class) has been litigated in court yet.
Second, what, if any, is the downgrade compensation if you booked with Avios/miles. This issue was pending before the ECJ last year(a case against LH), but is not anymore (I am guessing here, but presumably LH wanted to avoid a landmark ruling and settled).
No legal certainty one way or the other, but enough leverage to negotiate with BA who may also want to avoid a landmark decision.
Jun 20, 2018, 6:33 am
#11
Join Date: Jan 2008
Posts: 80
Tell me one airline that does in this situation, except the offer to re-route? I have yet to encounter one...
Jun 20, 2018, 6:37 am
#12
Join Date: Dec 2014
Location: London
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Posts: 1,219
There's not exactly such a thing as "Business Class" on BA. This is, by their own admission, a downgrade from "Club World" to "Club Europe" (with the former guaranteeing a fold-flat bed) and thus he's entitled to compensation - admittedly it won't be huge and he'd probably rather have a lie-flat bed and a good sleep, but the downgrade will at least be acknowledged.
Jun 20, 2018, 6:37 am
#13
Join Date: Oct 2014
Posts: 115
Jun 20, 2018, 6:48 am
#14
Join Date: Jan 2017
Location: Paris, Geneva
Programs: Some...
Posts: 323
Tell me one company (not only among airlines) who gives a proactive compensation to all customers when they deliver but without the a perfect level of quality... (sorry, I couldn't find another expression to compare)
Jun 20, 2018, 6:48 am
#15
Join Date: Jan 2008
Posts: 80
There's not exactly such a thing as "Business Class" on BA. This is, by their own admission, a downgrade from "Club World" to "Club Europe" (with the former guaranteeing a fold-flat bed) and thus he's entitled to compensation - admittedly it won't be huge and he'd probably rather have a lie-flat bed and a good sleep, but the downgrade will at least be acknowledged.