Reply To: BA flight cancelled. Downgraded from Club to Traveller on earlier flight.

[JDB]

thesecretsanta wrote:

@jdb – BA refused to provide any alternative in First. As I said, I offered any NA destination in First and they refused to even look into it and gave me only 1 option of the AA business flight or to cancel
I think to any reasonable reader Art 10 is clearly applicable here, but I was not aware of any interpretive guidelines so maybe they make it less clear cut.
Will update once I hear back from CEDR

(Didn’t intend to hijack a thead here either, was posting as I thought it was relevant to the OP)

Thank you for clarifying. I don’t think it is as clear cut as you suggest.

You have effectively agreed that your Article 8 rights (and entitlement to cancellation compensation) be disapplied in favour of exercising Article 10 rights on a different flight. I fully understand the logic of what you and @Matt are saying but I wonder whether the law actually entitles someone to pick’n’mix in that manner. I don’t know the answer and I don’t believe there is any authority on the issue but BA’s argument has some logical basis. CEDR may work in your favour as they will consider the overall effect in the same way as the FOS does in financial cases rather than strict interpretation of MCOL.

I don’t understand why you didn’t claim for cancellation compensation; on your analysis you would be entitled to both that (ie rerouting within the time window but not under “comparable transport conditions” and the downgrade reimbursement.