Success at CEDR over ticket validity issue for re-routing

[points_worrier]

I had an Avios flight booked with BA in F for Sept 2021, which BA cancelled. I requested rebooking for August 2022, but BA declined saying this was beyond the ticket validity, which was 12 months after making the original booking (and therefore a few weeks after the original flight). I asked them not to cancel the ticket, and leave it as was, so I could put a complaint in.

I put a formal complaint in via the resolver website, and heard nothing back in 8 weeks, but by the 6 week mark, BA had refunded the cash (but not avios) for my ticket. I did a subject access request via GDPR to get full information on my booking and complaint, and saw that BA unilaterally refunded my ticket as the passenger was did not want to book within the ticket validity. They also closed my complaint on that date, and never contacted me.

At 8 weeks, I submitted to CEDR all the arguments, and put simply I said the right to re-booking ‘at my convenience’ Under Article 8 EC261/2004 should certainly not be less than the flights available to new customers on the date they told me my flight was cancelled. I booked the cheapest replacement flight for the route I wanted, on the day I wanted, in the same class, which happened to be Emirates in F, which was 25% or so cheaper than BA. I claimed for this cost.

Today, a few days before their response deadline, I received a message via CEDR from BA offering to settle in full (which was the cost of the flight less the taxes/fees they had unilaterally refunded me for the original booking). Whoever wrote the message clearly knew the facts of the case well, and apologised for the lack of response and unilateral refund. They stated that on the date of cancellation the ticket validity (?should) have been extended by 12 months, and I should have been able to book any available BA flight within the limits of this validity (which I would have been more than happy with). They apologised that I was incorrectly told the validity was only a few weeks after the originally cancelled flight. I am a little suspicious about this explanation, as via my GDPR request I did have the copy of the e-ticket, and the validity was the originally restrictive one of a few weeks after my cancelled flight. I suspect they have retrospectively now changed/corrected this, but I am not complaining: I am glad they have done the right thing. It has somewhat restored my faith in BA.

• This topic was modified 54 years, 4 months ago by .

[points_worrier]

Many thanks for the advice and support given out here on how to handle such cancellations/complaints. I shall raise a glass of Emirates’ finest to you all!

[meta]

Well done!

[SamG]

Well done! Interesting indeed as we’ve seen BA win at CEDR in these circumstances

I wonder if CAA are applying pressure to honour passengers rights ?

[NorthernLass]

Good result, but it’s a bit worrying that CEDR seems to be making different rulings on very similar cases.

[JDB]

NorthernLass wrote:

Good result, but it’s a bit worrying that CEDR seems to be making different rulings on very similar cases.

The outcome reported today by @points_worrier was not a CEDR decision – BA capitulated prior to any decision.

I would expect CEDR to give different decisions from time to time on similar cases, because they are just that – similar, but not the same. As all these decisions are subjective ones, different arbitrators or judges can come up with different decisions and both be right as the margin of discretion is fairly wide.

[meta]

I put it down to how @points_worrier presented his case. If it looks as if a lawyer has written it, then BA will cave in without the fight. That’s my experience at least.

[points_worrier]

SamG wrote:

Well done! Interesting indeed as we’ve seen BA win at CEDR in these circumstances

I wonder if CAA are applying pressure to honour passengers rights ?

It is possible there was external pressure. It is also possible they saw their system had genuinely extended the validity of the ticket, which they had overlooked, so they realised their case was no longer defensible.

I had extensively gone through the legislation, and gone through examples of where BA’s current interpretation really couldn’t be compatible with the EC261/2004 legislation (could you really not offer any sort of re-routing for a flight booked 364 days in advance, and cancelled the week before, in light of Article 15 EC261/2004?). Wherever there were questions of interpretation, time and time again the ECJ had erred on the passengers side, recognizing that the intention of the legislation was stated as ‘ensuring a high level of protection for passengers’. I had also provided the CAA’s guidance to arbitration services stating that where documentation of the Article 8(1) choice was not provided (or even offered), the presumption should be that the customer’s case is upheld, as the airline had failed to provide their duty of assistance (the ECJ specifically has said there should be ‘no obligation whatsoever’ on me having to actively seek options for rerouting – it should be entirely on BA to provide options to me). I feel, although still arguable, the odds were definitely in my favour.

BA did acknowledge I had ‘set out a lot of detail’ about my claim, and went on to detail their policy. They said that normally they would not reroute on another airline for a reroute at my convenience. I actually agree with most of what they say, but they have still said their policy is to apply ticket validity rules when a passenger opts for Article 8(1)c rerouting options. Conveniently in this case, they seem to be saying that the cancellation resets the ticket validity. If this is now part of their policy to reset the validity following cancellation, then actually this does strike me as reasonable going forwards. I realise there might be exceptional individual cases where this might not be reasonable, but as a blanket policy it would provide good clarity.

[meta]

Resetting validity after cancellation is how it should be and how every reputable airline does it as per IATA advice. Most airlines re-issue a new ticket with a new ticket number. BA’s own Conditions of Carriage under 9b – Remedy 1 allow this.

BA is one of the rare airlines that just ignores everything and lumps all the changes under same ticket number. At one point I had 12 different sets of flights on one booking!

[points_worrier]

JDB wrote:

NorthernLass wrote:

Good result, but it’s a bit worrying that CEDR seems to be making different rulings on very similar cases.

The outcome reported today by @points_worrier was not a CEDR decision – BA capitulated prior to any decision.

Correct – CEDR did not rule on this, BA ended it prior to that stage. I assume because it reached someone senior enough to make an independent decision, rather than just blindly following protocols. They certainly seemed to be very informed and on top of the details of the case. Just a shame it took me taking BA to CEDR in order to get the complaint reaching their desk.

[Abdul]

SAR was a very smart move.

As I prepare my own claim, I find it interesting that for BA rebooking is governed by ticket validity which is one year from date of issuance whereas for Lufthansa its one year from the date of outbound flight.

[points_worrier]

Final update from me: cash landed in my account today, just within CEDR deadline.

Happy bunny from me, finally! Good luck to others in a similar position.

[Lady London]

Well done and thank you very much for sharing @points_worrier