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Old Jul 14, 2021, 4:43 am
  #1  
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Cabin Closure Conundrum

I’m currently on hold to YouFirst due to a problem with an aircraft change meaning there is no First cabin on either our outbound or return flights and we have been downgraded to J on both flights. I phoned and asked to be moved to dates where First is available and BA are saying there has to be reward availability on the new dates. As it happens, there are no First seats available on any flights until 30 days after the original outbound flight (and that is the date I am requesting). It is further complicated because the original flights were cancelled by BA and we were rebooked onto new dtes where reward availability did bot apply due to the cancellation. BA are insisting that that option no longer applies because a cabin change does not count as a cancellation under EC261. Can someone please help?
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Old Jul 14, 2021, 4:52 am
  #2  
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Common occurrence right now, discussed quite widely with other's experience and options in the main thread

Involuntary Downgrade from First to Club due to change of aircraft. - FlyerTalk Forums

When and where is the flight ? May be a fruitless task with the ever closed USA border

Did your thread of a couple of weeks ago not ask this ? Involuntary Downgrade Options - FlyerTalk Forums
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Old Jul 14, 2021, 4:53 am
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I believe EC261/2004 only mandates reimbursement of a percentage of the fare (75% for long haul) in the event of a downgrade.

You are not legally entitled to a refund, rebooking or rerouting as you would be in the event of a cancellation.
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Old Jul 14, 2021, 4:56 am
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I don't know if my situation is the same but I booked reward flights from LHR to LAS in First during the 50% off Avios sale. The equipment operating the LAS route changed to an A350 removing all First seats. I called YouFirst who happily move my outbound to go via LAX retaining First and I accepted J on the return.

It's been cancelled twice since this edit and there have been no issues changing the dates keeping First out via LAX.
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Old Jul 14, 2021, 5:07 am
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Originally Posted by Definitas
BA are insisting that that option no longer applies because a cabin change does not count as a cancellation under EC261. Can someone please help?
It all depends upon when your new dates are. If the new date is within 3 days before or after the original date than the lowest booking class can be used regardless of the reward availability, but any date outside that period will require the original reward availability.
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Old Jul 14, 2021, 6:26 am
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Originally Posted by Merlin5
I don't know if my situation is the same but I booked reward flights from LHR to LAS in First during the 50% off Avios sale. The equipment operating the LAS route changed to an A350 removing all First seats. I called YouFirst who happily move my outbound to go via LAX retaining First and I accepted J on the return.

It's been cancelled twice since this edit and there have been no issues changing the dates keeping First out via LAX.
Sounds like you got an agent applying the old policy - OR your booking was made before the policy changed.

The policy now says that a cabin closure is not a cancellation and therefore the rebooking options dont apply other than the +3/-3 days shift allowed (As another poster has already commented). If your change is within the 3 days then you dont need award availability

You could hang up and call again, however I expect notes have been added to your booking describing a summary of the conversations youve already had
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Old Jul 15, 2021, 8:35 am
  #7  
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Originally Posted by A P Yu
Sounds like you got an agent applying the old policy - OR your booking was made before the policy changed.

The policy now says that a cabin closure is not a cancellation and therefore the rebooking options dont apply other than the +3/-3 days shift allowed (As another poster has already commented). If your change is within the 3 days then you dont need award availability

You could hang up and call again, however I expect notes have been added to your booking describing a summary of the conversations youve already had
I may well try again. I’m not convinced that BA can cancel and move my flight to another date nd then close the cabin on the replacement date and say tough .... to me. I don’t know what legal basis the 3 days either side rule is based on but, in any event, there is no F available until 30 days after the changed flight,(that includes revenue bookings). It seems like BA are hiding round the fact that MCOL doesn’t set precedent so there is no compunction to give way, even when people win. We need a pro-bono barrister to take BA on and get precedent established.
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Old Jul 15, 2021, 10:52 am
  #8  
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Your previous cancellation is irrelevant since I assume you ended up choosing a remedy which you were entitled to under EC261 and therefore exhausted your rights at that stage.

When it comes to cabin closures you are entitled to a part refund under EC261 and nothing more. BA allows rebooking for dates -3/+3 either side and it is up to them how many days allowance they allow. I don’t see what your basis for your legal action would be?
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Old Jul 16, 2021, 1:52 am
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Yeah your flights still operating so the whole cancellation regs and those remedies are irrelevant here.
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Old Jul 16, 2021, 2:06 am
  #10  
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Originally Posted by Definitas
I may well try again. I’m not convinced that BA can cancel and move my flight to another date nd then close the cabin on the replacement date and say tough .... to me. I don’t know what legal basis the 3 days either side rule is based on but, in any event, there is no F available until 30 days after the changed flight,(that includes revenue bookings). It seems like BA are hiding round the fact that MCOL doesn’t set precedent so there is no compunction to give way, even when people win. We need a pro-bono barrister to take BA on and get precedent established.
You can also get a refund, with a £35 redeposit fee (which they may waive). Now there may be a contractural dispute over the £35, which you may win, but that's another remedy. I'm not sure pro-bono legal help would really assist.
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Old Jul 16, 2021, 2:23 am
  #11  
 
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Originally Posted by KARFA
Your previous cancellation is irrelevant since I assume you ended up choosing a remedy which you were entitled to under EC261 and therefore exhausted your rights at that stage.

When it comes to cabin closures you are entitled to a part refund under EC261 and nothing more. BA allows rebooking for dates -3/+3 either side and it is up to them how many days allowance they allow. I don’t see what your basis for your legal action would be?
additionally there is no guarantee that they would operate the F cabin at 30 days that you currently see and you would be in exactly the same situation
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Old Jul 16, 2021, 2:26 am
  #12  
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Originally Posted by corporate-wage-slave
You can also get a refund, with a £35 redeposit fee (which they may waive). Now there may be a contractural dispute over the £35, which you may win, but that's another remedy. I'm not sure pro-bono legal help would really assist.
Completely agree, take the refund less £35 and hope it's waived, I have advised this in the OP's previous threads on this matter. Not worth getting hot under the collar over these things. It's not as though ORD has a shortage of Reward space. Just rebook in the future when things are (hopefully!) more settled
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