Does CEDR deal with downgrade claims (BA not interested)?

[Karen Robertson]

Hi all – I posted before about BA flights that were downgraded from Club to Premium Economy on an Orlando to Glasgow flight in September. I am due recompense both for AVIOS and for monies. I have opened a case three times with BA but each time it is closed within a couple of days without any response, resolution or refunds. I had great advice about using CEDR and so I am have now started that but the only options on there are related to baggage, cancellations, denied boarding and delays. Nothing on downgrades and some of the questions do not seem to relate. Is CEDR the place to go if I want to pursue this? Is it just the financial aspects they look at or do Avios and tier points come into it too? The overall value of my claim is too much for me just to shrug off! Thank You!

[NorthernLass]

Hi Karen. I’m not sure if you’ve read some of the other threads on here, but some really good advice has been posted about why such claims might be being closed down by BA with no resolution.

https://www.headforpoints.com/forums/topic/ba-please-talk-to-me/

There’s also one where @JDB posted an easily adapted claim for downgrade reimbursement, citing the specific case law, but I can’t just recall which thread that was on!

[Karen Robertson]

Thank you Northern Lass!! I just looked at the thread and I feel like I have found my home!! This is exactly the issue I am having with BA so I have joined the thread. Thanks so much for directing me to it!! Karen : )

[JDB]

While downgrading is not explicitly included within the scope of the CEDR rules as you have discovered, it should be covered under the roundup Rule 2.1.5 –
“Any disputes arising where the customer alleges that the subscribing company has not acted
fairly and/or where the subscribing company has failed to provide the service as agreed under
the contract for aviation services (for disputes involving airlines only).”

If I were in your position (and I was ten days ago) I would write to BA’s legal team setting out your claim with the case numbers. Provide concise details of the claim and ideally your calculation of what is owed in Avios and cash per person and in total for the downgraded sector only. If there’s any Amex or Barclays voucher involved you need to account for that as well. Say your calculation is in accordance with Article 10(2)(c) for the long haul sector on the basis set out in Mennens and further that Article 10 states such reimbursements must be made within seven days.

Ask for the Avios and cash to be credited within 14 days of your letter/email [specificy time/date] failing which you will issue a claim in the County Court or at CEDR for the Avios at the full cost price of 1.7p each and cash [specify each] plus interest at the County Court rate, plus court fees.

I would try this route before embarking on CEDR as they are very slow and given that downgrade compensation is a bit messy, there’s too much scope for BA to bamboozle an adjudicator.

[Jonathans]

Does someone have the best email address to use please, I’ve only found an Legal.TLV@ba.com or an Andrew Fleming?

[JDB]

Jonathans wrote:

Does someone have the best email address to use please, I’ve only found an Legal.TLV@ba.com or an Andrew Fleming?

You can write to AF – he is the Head of Legal and the Company Secretary. As with many senior execs, his email doesn’t follow a standard format. It’s easy enough to find online, but I don’t think it’s appropriate to publish it in a forum.

[Jonathans]

@JDB assuming i have used the correct email address for AF x.x.x@ba.com then the 14 days you suggested expired at 4pm today and i have heard nothing, total radio silence from BA. CEDR wont touch this yet because it’s not been 8 weeks nor do i have a deadlock letter. Is there another way to get through to BA, post maybe? Or would you suggest court proceedings yet?

[AJA]

@Jonathans I would post a letter before action addressed to AF at BRITISH AIRWAYS PLC
Waterside (Hba3), Po Box 365, Harmondsworth, West Drayton, Middlesex, UB7 0GB Mention that you have already emailed him, enclosing a copy of the email, noting that you haven’t had a reply. Tell BA you’re giving 14 days for them to reply after which you can begin proceedings.

[JDB]

Jonathans wrote:

@JDB assuming i have used the correct email address for AF x.x.x@ba.com then the 14 days you suggested expired at 4pm today and i have heard nothing, total radio silence from BA. CEDR wont touch this yet because it’s not been 8 weeks nor do i have a deadlock letter. Is there another way to get through to BA, post maybe? Or would you suggest court proceedings yet?

If my decryption of your email is correct, i think you sent your email to the right place so yes, at this point I would be inclined to issue proceedings which will then oblige them to respond within 14 days or 28 days if they file an Acknowledgment of Service which they usually do.

You haven’t said what the nature of the issue is, but if you are claiming any Avios, you need to convert them at the full purchase price. If there’s a 241 voucher you need to set out the whole claim per person and total identifying the value of the voucher as matching the Avios paid. BA will try to say you need to issue two claims and that the second seat is free. Some will say best to let BA bring that argument if they wish but I wouldn’t.