Reply To: Downgraded / denied boarding?

[AJA]

I’m not sure I agree entirely with @JDB

I think you are entitled to compensation for being denied boarding for the LHR to CPT flight as follows:

The following paragraphs of Regulation (EC) No 261/2004 which has been adopted into UK law via the Brexit withdrawal agreement are relevant. It states that

10) Passengers denied boarding against their will should be able either to cancel their flights, with reimbursement of
their tickets, or to continue them under satisfactory conditions, and should be adequately cared for while
awaiting a later flight.
(20) Passengers should be fully informed of their rights in the event of denied boarding and of cancellation or long
delay of flights, so that they can effectively exercise their rights.

Furthermore

Article 1 (j) ‘denied boarding’ means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation

So I believe you were denied boarding at LHR for your CPT flight. You should have been entitled to a duty of care and should have been fully informed of your rights. I guess BA will state that you were informed as they eventually rerouted you via JNB however per Article 4 BA should have called for volunteers first before denying you boarding. I would ask for evidence that this happened.

Article 4
Denied boarding
1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to
surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.
2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.
3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

I think therefore that you are entitled to compensation per Article 7 based on being denied boarding at LHR for the CPT flight. I think it should be 50% of EUR600 per passenger per the following:

Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1 500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger’s arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the
arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1 500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1 500 kilometres and for all other flights
between 1 500 and 3 500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a)or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

Also where at LHR were you when you were denied boarding? Did BA display at any point the following message per:
Article 14
Obligation to inform passengers of their rights
1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: ‘If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance’.

Furthermore, per Article 10 I believe you should be entitled to a partial refund for the JNB-CPT sector. I would claim proportionately for the difference in distance between LHR-CPT and LHR-JNB. Or just ask for at least 10k Avios per passenger
Article 10
Upgrading and downgrading
1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
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
(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of more than 1 500 kilometres, except flights
between the European territory of the Member States and the French overseas departments, and for all other flights
between 1 500 and 3 500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European
territory of the Member States and the French overseas departments.