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British Airways responds to my question on 2-4-1 downgrade compensation

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I ran another article last week about BA’s treatment of downgraded passengers who are travelling on an American Express 2-4-1 voucher and claim compensation under EU261.

When downgraded whilst travelling on an Avios ticket, under EU261 BA is obliged to refund you 75% of the Avios used for that leg of your flight.  This is not in dispute and British Airways has always been happy to pay this.

What is currently in dispute is what happens when someone travelling on a 2-4-1 companion voucher is downgraded.  In the original case we discussed, a reader was offered zero compensation because he was told his companion ticket had zero value.  His partner, the BA Amex cardholder, received the full compensation due.  When he launched a case for compensation, BA settled based on the cash cost of buying 75% of the Avios value of the ticket.

British Airways BA A380 flying

Over the next couple of weeks we will get a real-time example of how this works because my contributor will be filing a claim after being downgraded.  His wife, who was the 2-4-1 cardholder and so would qualify for compensation, was not downgraded.

British Airways has now issued a statement to me explaining how they believe EU261 should be applied to 2-4-1 tickets:

To quote “the value of the purchase [is] split across the two tickets”.  This is, of course, the same as saying that the companion ticket has zero value.

If one person is downgraded – irrespective of whether that person is the original ticket holder or the companion – “the person on the voucher would be entitled to 75% of the value of the ticket – which would be calculated on 50 per cent of the amount of Avios paid for the pair“.

I very much doubt whether this would stand up in arbitration:

BA uses the word “value” rather than the “cost” of the purchase.  I doubt it means this, because the value could be either monetary or expressed in Avios.  It is difficult to see how it could argue the value of the companion seat is nil.  The voucher actually has a value of 100,000 Avios – or whatever the relevant value for the ticket it was used for – and if the voucher is not returned for reuse then the holder should be compensated for its loss.

You can argue that BA has accepted the voucher as ‘consideration’ in contractual terms for the second seat.  This means that it has value.

It is clear from the T&C’s that the Amex 2-4-1 voucher does NOT get you two tickets at half price. You get one ticket at full Avios and the other ticket at zero Avios.  There is an argument to say the voucher effectively entitles you to two half-price seats rather than one free seat, but a parallel argument that the voucher has a value of the seat it entitles you to.

What BA states above is not what they offered in the case of the HFP reader who was downgraded and filed a compensation claim.  He was offered nothing until he filed his case, based on the grounds that the companion ticket cost zero Avios.

Anyway ….. we now know where BA stands on the matter.  I very much doubt that my contributor will accept an offer based on the guidelines above, and if it goes to arbitration then we will all be in a ringside seat to see how it pans out.  This should then be the end of the matter as the result will be in the public domain.


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In February 2022, Barclaycard launched two exciting new Barclaycard Avios Mastercard cards with a bonus of up to 25,000 Avios. You can apply here.

You qualify for the bonus on these cards even if you have a British Airways American Express card:

Barclaycard Avios Plus card

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There are two official British Airways American Express cards with attractive sign-up bonuses:

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Comments (239)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • Andi Hawes says:

    This concerns me as i have 2x241s ready to go, should i find 4 seats somewhere, so im ripe for 2 being down graded seeing as i’ll be flying in or near school holidays

    • Mark says:

      Less likely to be downgraded from First or Club during school holidays due to fewer people flying on business and hence paying full cash fares.

      School holidays are peak from a redemption perspective only because redemptions are more popular at that time, i.e. because BA chooses to make them more expensive to manage demand vs supply rather than release more seats for redemptions.

  • Jan says:

    BA have a rewards scheme, and supposedly want to reward loyal customers with for example a 2-4-1 voucher, only to then prioritise those for downgrades?
    That makes no sense at all. On the contrary?
    Personally I like to fly BA because of the service it offers. Or should that be “used to offer”?
    I read this article whilst overseas on a 2-4-1 and when it came to check-in time to go home, I must admit I was wondering if anything would happen! (It didn’t, thankfully – that would have just spoilt an otherwise great holiday)
    The only thing that BA doing this would achieve (for me anyways) is that I will prioritise flying other airlines and take out different credit cards.
    Perhaps this marks the beginning of a sad end to all the great things we’ve come to expect from BA.

  • s K says:

    Hi

    Getting redemption tickets on the routes you want. I wanted on in Jan 2018 and in last week they had all gone………

    • Genghis says:

      Where were you wanting to go? For popular routes you have to get the tickets at t-355, like me for South Africa recently.

  • NFH says:

    The T&Cs of the companion voucher state the following:

    18. The Cardmember and their Companions must travel together at all times therefore must be booked onto the same flight and cabin class when travelling using a Companion Voucher.

    Nothing in the T&Cs makes this term any less binding upon BA as it is upon the Executive Club member. The T&Cs entitle the two passengers to travel in the same cabin; it is a benefit as well as an obligation. Therefore BA are in breach of contract if they split two passengers on a 2-4-1 booking into separate cabins. One could therefore claim for a new Companion Voucher to be issued as damages in respect of this breach of contract, which would be in addition to the EU 261/2004 claim.

    • John says:

      I wouldn’t argue that at the time as they might downgrade both of you then!

      • Andrew (@andrewseftel) says:

        I’d argue it with Amex. They are jointly and severally liable for the voucher and I don’t believe it would affect the EU261 claim.

      • NFH says:

        The point here, is that if BA have a contractual obligation to keep the two passengers together, and they need to downgrade only one passenger from the cabin, then they should prefer to pick someone else, i.e. a solitary passenger. When BA realise that it’s going to cost them more to downgrade anyone using a Companion Voucher than a solitary passenger, they will change their approach with the result that 2-4-1 passengers should become BA’s last choice for downgrades.

  • Daz says:

    I’ve just booked Denver for next year with a 2-4-1 so will be keeping an eye on this.

    I do really miss my Cathay Gold card, they want £600 for booking my seats! I really can’t understand why anyone would pay to fly on these muppets, never have, never will.

    • xcalx says:

      “I do really miss my Cathay Gold card, they want £600 for booking my seats!”

      Plus 1 I managed to use the Cathay Gold card to get a status match to Qantas Gold then used that to get Air Berlin Gold, Sadly that expired on the 28th of Feb this year, to AB’s credit I got a soft landing to Silver which I think still gives a free bag when travelling on AA as a OW Ruby.

  • Elsem says:

    When people are downgraded, do they get the option of flying on the next flight? I am NOT prepared to fly 12 hours in economy, which I why I always book business class. I have only recently switched to BA and have booked but not yet flown my first 241 long haul flight.

  • Will says:

    People keep saying they will not fly with BA anymore and go elsewhere. Where are people going, noone ever says. Genuine question, who has the best loyalty scheme and service?

    • Daz says:

      Because I tend to fly eastwards, I will use 3ME carriers, Cathay if a deal is on; all are not a little better, but massivly better by a long way in terms of service and quality.

      I don’t really fly West, but if I didn’t have avios I wouldn’t be picking BA. If Amex had 241 credit card offers with another airline I would jump ship.

    • Cate says:

      We’ve moved over to Norwegian after a trial flight in January and they’re now our go to airline.

      The aircraft was clean, staff attentive and smartly dressed, BoB was perfectly adequate for short haul and reasonably priced. We purchased three exit seats for two people so had the same set up as biz on BA.

      Downside they had no business product however we purchased Priority passes for lounge access (denied because of BA electric problems at new Gatwick south terminal!). Also we didn’t land at a major hub.

      However with the money saved from not doing biz in BA we had a very nice chauffeured C-class merc waiting for us at the airport which IMHO far outweighed the lack of a major hub landing.

      Just to get the message home I paid for the Norwegian flights on my BAPP.

      • Simmo says:

        HA nice move paying for the Norweigen flights on the BAPP!

        I’ve always wondered if this type of thing is monitored, I imagine its a missed opportunity if it wasn’t!
        I like to use my Tesco CC in Asda also! haha

    • Ro says:

      I find qatar are great for going east. Tons of sales and an amazing business class.
      Even as a qatar silver (first tier so OW ruby) i get lounge access when i travel QR. They even greet me personally and take my meal order at the start of the flight when im in economy.
      As a gold member you get 40 qcredits upon qualifying and 30 qcredits (i think) is enough to upgrade an LHR-DOH sector from econ to business.
      Quite easy to upgrade with qmiles too (just did it online last week on my doh-lhr segment 48h before depature – only 30000 miles)

      Also collect with SQ for star alliance.
      Even with their recent devaluation this week they require less miles for redemptions and are an amex MR transfer partner so miles are easy to collect. Now they are eliminating taxes from redemptions.
      Award space is decent and didn’t have much trouble booking my first flights in singapore suites for next month (booked in novemeber).
      Now that UA is improving i will consider flying them west and even their lowest economy fares qualify for 100% mileage earning rate on SQ.
      Only downside is the 3y expiry for miles

  • Dave R says:

    If they were clever, this would be an oppertune time for Virgin to start offering a 241/companion voucher with thier credit card.

    • the real harry1 says:

      Dave R says:
      3 March 2017 at 9:06 am
      ‘If they were clever, this would be an oppertune time for Virgin to start offering a 241/companion voucher with thier credit card.’

      Virgin already offer this 🙂

      • Genghis says:

        But not one of any real interest.

        • the real harry1 says:

          agreed – to get interesting it would also apply to points redemptions

This article is closed to new comments. Feel free to ask your question in the HfP forums.

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