Reply To: Lost at CEDR with BA – what next?

[Jerry]

Magarathea wrote:

Hi Jerry. I have gone to CEDR twice before, once against TUI and once against BA and was successful on each occasion. I am aware that CEDR say there is no right to appeal but on the BA case which was to do with downgrading from First to Club on a 2-4-1 reward flight, CEDR found in my favour but then made a hash of calculating the 75% reimbursement due. This included some real schoolboy errors in the reimbursement calculation and their decision that the companion voucher passenger was not due any reimbursement! I successfully got CEDR to review the adjudication decision and they rectified their errors and I was fully 75% reimbursed for the downgrade. My case was definitely helped by the schoolboy error in the calculations. So, if you think they have made an error in their decision then it would do no harm to try to challenge it with them. Good luck!

@Magarathea Thank you for this information. Prompted by you I see that CEDR will entertain complaints (made within 2 months) based on the criteria below (apologies for formatting errors, original link below).

I would probably have to argue (f) to complain. Is it irrational to adjudicate that the airline’s T&C over-ride the legislation?

CEDR Complaint issues suitable for review:
a) Where the process followed in your case was not in line with the process as provided for in the CEDR Aviation Adjudication Scheme Rules;
b) WhereyourcasehasbeenwithdrawnfromtheSchemeforareasonotherthanthose permitted by the CEDR Aviation Adjudication Scheme Rules (e.g. your case has been deemed ‘out of scope’ by CEDR when it should be ‘in scope’);
c) Where the quality of service by CEDR staff has been unsatisfactory (e.g. timeframes have been outside those set out in the Scheme Rules, treatment by CEDR staff has been unsatisfactory);
d) OthermattersatthediscretionofCEDRortheCivilAviationAuthority;
e) Inreachingthedecisioninyourcase,theadjudicatorignoredrelevantinformation
and/or took into account irrelevant information;
f) In reaching the decision in your case, the adjudicator made an irrational
interpretation of the law.

https://www.cedr.com/wp-content/uploads/2021/10/Aviation-Complaint-review-process-oct-21.pdf

The Adjudicator’s name is on the Adjudication. CEDR doesn’t claim it’s adjudicators are lawyers.