Involuntary Downgrade from First to Club due to change of aircraft.
#31
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Join Date: Aug 2010
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First & foremost, any scheduling more than 30 days out is purely notional. Whether that flight will operate, be performed by what aircraft, and on what frequencies & schedules is something which BA itself does not know.
Second, if indeed it comes to pass that you are stuck in CW, you are entitled to EC 261/2004 reimbursement (not compensation) of 75% of the base fare, which would mean 75% of the avios + 75% of any fees (but, not taxes). Wait on that until you return from your trip and file a claim. You will receive pushback from BA, but it ought to be a fairly simple affair before CEDR.
Second, if indeed it comes to pass that you are stuck in CW, you are entitled to EC 261/2004 reimbursement (not compensation) of 75% of the base fare, which would mean 75% of the avios + 75% of any fees (but, not taxes). Wait on that until you return from your trip and file a claim. You will receive pushback from BA, but it ought to be a fairly simple affair before CEDR.
#32
Join Date: Sep 2002
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First & foremost, any scheduling more than 30 days out is purely notional. Whether that flight will operate, be performed by what aircraft, and on what frequencies & schedules is something which BA itself does not know.
Second, if indeed it comes to pass that you are stuck in CW, you are entitled to EC 261/2004 reimbursement (not compensation) of 75% of the base fare, which would mean 75% of the avios + 75% of any fees (but, not taxes). Wait on that until you return from your trip and file a claim. You will receive pushback from BA, but it ought to be a fairly simple affair before CEDR.
Second, if indeed it comes to pass that you are stuck in CW, you are entitled to EC 261/2004 reimbursement (not compensation) of 75% of the base fare, which would mean 75% of the avios + 75% of any fees (but, not taxes). Wait on that until you return from your trip and file a claim. You will receive pushback from BA, but it ought to be a fairly simple affair before CEDR.
#33
Join Date: Jun 2016
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Second, if indeed it comes to pass that you are stuck in CW, you are entitled to EC 261/2004 reimbursement (not compensation) of 75% of the base fare, which would mean 75% of the avios + 75% of any fees (but, not taxes). Wait on that until you return from your trip and file a claim. You will receive pushback from BA, but it ought to be a fairly simple affair before CEDR.
#34
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14 days only relates to possible compensation for cancelled flights. Downgrade reimbursement applies regardless of when you are notified.
#35
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EC 261/2004 applies. The compensation for a change or delay with 14+ days notice would be zero. But, the reimbursement (I specifically noted not "compensation") is 75% of the fare. BA need not agree to anything.
#36
Moderator: British Airways Executive Club, Iberia Airlines, Airport Lounges and Environmentally Friendly Travel
Join Date: Jan 2003
Location: London, UK
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In post #1, DanAirLondon stated he/she accepted the change albeit reluctantly but this would rule out an involuntary downgrade come time of boarding.
#37
Join Date: Jun 2020
Posts: 122
So how can you not accept the change, still fly and claim after? I have an F flight booked later this year and fully expect it to lose that cabin so wondering what the correct strategy is to ensure a retrospective claim can be made if required.
#38
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It is not as though OP could decline the change and retain his seat in F.
BA is certainly free to make an offer in lieu of reimbursement, but that would only be effective if the reimbursement under the Regulation is known, e.g. "you are entitled to reimbursement of X, but we propose to offer you Y"
#39
Join Date: Jul 2018
Posts: 1,271
But EC261 kicks in where an operating air carrier "places" a passenger in a lower class. Even if the OP goes along with it, the OP was still "placed" in business and is, in my view, still owed the money.
Originally Posted by EC261
2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse...
#40
Join Date: Jul 2019
Programs: BAEC Bronze, Mucci recipient
Posts: 1,783
What happens if BA refunds the difference between First and CW rather than the 75%? I've seen reports of BA doing this particularly with Avios bookings.
E.g. LHR DXB is 80k Avios in First and 60k in CW peak fare. So BA automatically refunds 20k Avios instead of 75% x 80k. I've understood that BA sees doing that as a get out of paying the 75%. If you say I involuntarily accept the downgrade but will sort out the entitlement to refund after I've flown. Does that work? Or could you argue the 20k refund is compensation for the inconvenience and still claim the 75% reimbursement per EC261?
E.g. LHR DXB is 80k Avios in First and 60k in CW peak fare. So BA automatically refunds 20k Avios instead of 75% x 80k. I've understood that BA sees doing that as a get out of paying the 75%. If you say I involuntarily accept the downgrade but will sort out the entitlement to refund after I've flown. Does that work? Or could you argue the 20k refund is compensation for the inconvenience and still claim the 75% reimbursement per EC261?
#41
Join Date: May 2012
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BA will do this. They did it to Miss Tafflyer from a CW booking rebooked onto IB in Eco/Premium. BA refunded a pittance in Avios due to the Avios cost of the changed routing on IB being insignificantly less expensive than the CW routing. BA was firm, responded with their policy and when pushed responded again that they would not change their mind. My response was to go to CEDR which was simple and forced BA to reimburse correctly. I do not know why BA sticks to their policy of ignoring valid law, especially as it is now widely known. This was pre-Covid, so maybe they'd handle it differently today.
#42
Join Date: May 2017
Posts: 2,016
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.
What happens if BA refunds the difference between First and CW rather than the 75%? I've seen reports of BA doing this particularly with Avios bookings.
E.g. LHR DXB is 80k Avios in First and 60k in CW peak fare. So BA automatically refunds 20k Avios instead of 75% x 80k. I've understood that BA sees doing that as a get out of paying the 75%. If you say I involuntarily accept the downgrade but will sort out the entitlement to refund after I've flown. Does that work? Or could you argue the 20k refund is compensation for the inconvenience and still claim the 75% reimbursement per EC261?
E.g. LHR DXB is 80k Avios in First and 60k in CW peak fare. So BA automatically refunds 20k Avios instead of 75% x 80k. I've understood that BA sees doing that as a get out of paying the 75%. If you say I involuntarily accept the downgrade but will sort out the entitlement to refund after I've flown. Does that work? Or could you argue the 20k refund is compensation for the inconvenience and still claim the 75% reimbursement per EC261?
#43
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Exactly.
The Regulation has a number of anomalies which deal poorly with payments by other than cash or its equivalent, but it seems that are dealt with fairly nonetheless. E.g. 75% of avios paid returned in avios.
The simplest way to deal with the issue is to wait until your return and make the claim in a clear and succinct manner setting forth the avios & cash charged, your calculation of 75% due, what was reimbursed and what is due. Make a specific "demand" for that sum in a polite but firm manner, e.g., citing the Regulation, and be done with it.
Arguing with BA is wasting your time. If the response is to advise you of BA's policies, simply proceed to CEDR.
In the event that there is a change in taxes, remember that the new taxes, rather than 75% apply. Thus, if downgraded from CW to WTP on an xLHR flight, the new APD would be calculated as well.
To those who ask why BA insists on its formulation, the answer is likely simply that the vast majority of passengers accept what they are told and are happy enough with what they got.
The Regulation has a number of anomalies which deal poorly with payments by other than cash or its equivalent, but it seems that are dealt with fairly nonetheless. E.g. 75% of avios paid returned in avios.
The simplest way to deal with the issue is to wait until your return and make the claim in a clear and succinct manner setting forth the avios & cash charged, your calculation of 75% due, what was reimbursed and what is due. Make a specific "demand" for that sum in a polite but firm manner, e.g., citing the Regulation, and be done with it.
Arguing with BA is wasting your time. If the response is to advise you of BA's policies, simply proceed to CEDR.
In the event that there is a change in taxes, remember that the new taxes, rather than 75% apply. Thus, if downgraded from CW to WTP on an xLHR flight, the new APD would be calculated as well.
To those who ask why BA insists on its formulation, the answer is likely simply that the vast majority of passengers accept what they are told and are happy enough with what they got.
#44
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Several years ago, had no issue with BA providing 75% refund on the downgraded segment. Downgrade was day of departure due to IRROPS cancelling earlier flights. Keep your documents in order showing you were originally ticketed for F. But who knows between now and next year. Maybe F service will be restored.
#45
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Several years ago, had no issue with BA providing 75% refund on the downgraded segment. Downgrade was day of departure due to IRROPS cancelling earlier flights. Keep your documents in order showing you were originally ticketed for F. But who knows between now and next year. Maybe F service will be restored.