Downgrade compensation advice

[maybags]

We were recently downgraded from premium economy to economy on our return flight from Nashville to London. Two of our seats were downgraded. At the airport they offered me a $193 voucher which I refused however the staff member assured me this was on top of any other compensation i was owed. On the flight, the air steward informed us that she had raised a complaint for us and BA sent me a case reference. This morning they have replied and offered me £100 total. I have replied stating that I was owed more (I’ve read about receiving 75% of the fare difference) but I am confused to what I can actually claim for. We paid £840 and 40000 Avios for 2 tickets one way. Any advice appreciated as to how I can take this forward.

[AJA]

You are correct that you are entitled to more than you’ve been offered. You are entitled to downgrade reimbursement of 75% of the fare and YQ element paid in cash (excluding APD and government taxes). Did you use the words downgrade compensation because it should be downgrade reimbursement?

Is the 40k Avios and £800 an equal split? Ie you paid 20k Avios and £400 for each passenger? If so per EC261/2004 Article 10 paragraph 2(c) you should be entitled to two lots of 75% x 20k and 75% x £400 less any US taxes.

Reply to the email thanking them for their offer but you are actually claiming downgrade reimbursement per EC261/2004 Article 10 paragraph 2(c) as adopted into UK law via the Brexit withdrawal agreement.

You may wish to pit in the calculation of the amounts as above but that’s not strictly necessary.

[AJA]

Edit just realised you said you already replied. Sending another email may confuse matters. Might be worth waiting to see what they come back with.

[maybags]

Many thanks for your reply, when and if they respond I shall quote you. I will have to look into how they charged me as it was for a 15 year old and an adult, so I’m not sure if they offered a reduction in taxes for a teen.

[barry27]

I was also downgraded a September flight from the US to LHR, but paid a cash fare for my ticket.

When boarding the agent at the gate advised that it was a s straightforward process to claim a refund following the flight, and that she had ‘made a note on the system’ to make things quicker for me.
This turned out to be a load on nonsense. The form was very well hidden on the BA website, and then their customer service team did not respond to me for a number of weeks. Eventually they issued me with a £100 credit voucher, but this was rejected.
A couple of weeks later I was offered an alternative in £75 cash refund, which was also rejected.

Two weeks have passed and I am yet to receive any further communication from them, however I did dispute the original transaction on my Amex (return flight cost was £1,600).
Amex have decided that I am entitled to a refund of £90 for this downgrade but no calculation or substantiation has been provided- so this amount has been further disputed.

The lack of communication from BA throughout all of this has been disgraceful. I have been promised phone calls and priority responses to emails, but these are nothing but lies from BA. I will certainly be avoiding any travel with them again in future.

They have 7 more days to resolve before I can escalate with the CAA.

[NorthernLass]

Did you very specifically and clearly claim 75% downgrade reimbursement of the fare you paid on the downgraded leg? It sounds as though they may be mistakenly trying to refund you the difference, if it wasn’t very big. There are some good threads on here which go into this process in detail.

[JDB]

@barry27 – I wouldn’t rush to CEDR, even if you are entitled to do so in seven days because it will take ages, they aren’t too good on calculating refunds and you have seriously queered the pitch by claiming from Amex.

Whilst you have rejected the offers made by BA/Amex, you haven’t said how much you are actually claiming or what exactly you asked for. I would go back to BA setting out very clearly, perhaps in tabular form, what you paid in Avios/cash/any voucher for the downgraded sector only and deduct any actual disbursements applicable to the downgraded sector.

Provide the calculation of 75% downgrade compensation for each element, how much that means they owe you per person and in total. Send them this calculation saying it is calculated in accordance with the provisions of EC261 Article 10.2(c) and the decision in Steef Mennens v Emirates Direktion für Deutschland and that the offers made so fair fail to compensate you in line with this statutory calculation.

Don’t get hooked up on only using the reimbursement word as this confuses BA and sends the claim off to the wrong people. Use both compensation and reimbursement in your request as the CJEU does.

Give BA 14 days to provide said refund less anything they or BA might actually have paid you.

[Grandad81]

I wish you luck with yours. I was recently downgraded and put in a claim via the online customer services forms, but as they don’t have an option for involuntary downgrade that I could find I put it under another section for issues with the flight. That claim was closed without any response or way to reopen it.

On 28th I then emailed the claim to the email address I was given at the airport (airport.compensation@ba.com) and have had no reply albeit it’s ‘only’ been about 10 days. Reading other threads, I’m expecting no reply for weeks, if at all, so will then I guess I will have to go to CEDR. I put in that the claim was under EC261 and the calculations for the Avios and cash minus APD etc.

[maybags]

It looks like BA like to dig their heels in with downgrade refunds, which is extremely frustrating. Not only does it cause stress at the airport but then a further fight for the proper level of reimbursements.
Can I ask how to calculate 75% of the fare difference? What base rates should I be working from as I obviously cannot see what a wt+ vs wt fare is now our flight has passed? Thank you.

[AJA]

@maybags It’s not 75% of the fare difference. It is a refund of 75% of the fare you paid for the cabin you didn’t get to fly in less any APD or government taxes. The YQ element of the fare should be included.

And the 75% is only for the longest routes (over 3,500km?). Shorthaul below 1,500km pays 30% and medium haul pays 50%

The easiest way to check what is relevant is to check your e-ticket receipt which should give the details. Or use Finnair’s website, key in your BA PNR into their MMB and email yourself the e-ticket receipt.

Not sure if Finnair lets you do that if the flight has been flown though. I have got into the habit of doing it just after I book.

[AJA]

And in your case it is the Avios plus the cash element you paid for each seat.

[maybags]

BA have come back today and said this:

I’m pleased to inform you that you are eligible to receive cash compensation of £75.00 against the evoucher offered. The best way to settle your claim is by bank transfer and it would be helpful if you could send me the following information:
And:
For the specific concern you have raised, I’ve passed on your details to our Refunds team for the difference in fares, they will be in touch with you as soon as possible.

Is this on top of what I am owed back or instead of? I find BAs communication very hard to understand! I am reluctant to accept anything incase they tell me they have closed the case and don’t offer me what I am owed.
Thank you.

[maybags]

AJA wrote:

@maybags It’s not 75% of the fare difference. It is a refund of 75% of the fare you paid for the cabin you didn’t get to fly in less any APD or government taxes. The YQ element of the fare should be included.

And the 75% is only for the longest routes (over 3,500km?). Shorthaul below 1,500km pays 30% and medium haul pays 50%

The easiest way to check what is relevant is to check your e-ticket receipt which should give the details. Or use Finnair’s website, key in your BA PNR into their MMB and email yourself the e-ticket receipt.

Not sure if Finnair lets you do that if the flight has been flown though. I have got into the habit of doing it just after I book.

Thank you for clarifying, we paid £520 minus taxes which I know we should receive a portion back. Our flight was Nas-Lhr so we should get 75%