Ticket validity: BA have just refunded ticket at CEDR day

[points_worrier]

I had a complaint with BA that they would not re-route me on an avios ticket, which was cancelled. They said that they could only book within the ticket validity, and because I had booked it 1 year in advance there was no available flights I could choose. I wanted a flight 9 months later, now they were flying again and to fit with the seasonal nature of leisure travel (ie not rainy season!)

I put a formal complaint in, requesting reroute under Article 8 EC261/2004), had specifically requested no refund, and there had been no response. Now in the week their time limit is up, I note from my credit card statement, last week they have refunded me the cash portion of the flight ticket (not the avios…).

I shall therefore continue my complaint invoking Article 15(2) of EC261/2004, asking CEDR for the cost of the replacement flight, less the fees/taxes they have refunded. Does this sound about right?

I am very disappointed with how unreasonable BA have behaved – not responding and now unilaterally refunding me to try to derogate themselves from their duty. Very poor show.

[Lady London]

To protect your rights I strongly advise you to communicate with BA immediately rejecting the refund. Express your extreme surprise to have just seen this and remind them that as they are aware you have already commenced formal action to obtain the choice you are legally entitled to and that at no time has any refund been requested by you as the choice you have at all times advised them of is reroute. You therefore reject this refund and suggest they contact their bank to reverse the transction due to this incorrect action on their part.

I’d be tempted to add that if they fail to reverse the transction or provide their bank details to enable you to return it immediately within 14 days then you will consider treating it as a gratuity they have provided in addition to your right to a reroute which you insist they provide and which is currently subject to action/CEDR/MCOL ref. XXX.

If you’re a purist send it by signed-for snail mail to their Legal Dept at Waterside addy but even a phone call or a complaint webform would do. You need to be seen to reject it as soon as you’re aware of it.

I wouldn’t get into asking or accepting anything except the performance of them providing a reroute right now. This can all be sorted out when you have judgment. I think I’d enclose copy or note of my rejection into the cedr/mcol file and I might even add note that as a layman, this unilateral action by BA appears to be trying to deny you the right to choose a reroute and not a refund, that is provided to you by Article n of the statute.

[points_worrier]

Thanks. Rejected the refund very clearly, and stated it was imposed and NOT my choice under Article 8(1) which remains a reroute.

I will emphasise to CEDR the unilateral imposition of a refund does not derogate BA from their Article 8 duty to reroute, and I will be putting the refunded money towards the amount they owe me for the replacement tickets.

[Lady London]

Right now I would *not* do your last point as I’ve stated. Stop that last sentence after ‘Article 8 duty to reroute’. Btw you could mention Article 15 as well. You don’t know how things are going to turn out. Till you get judgment it’s best to stay away from taking what they’ve tried to do with the refund, into account. Just reject it and do not include it in any calculations. It’s up to them to request after you get judgment, for it to be taken into account. Taking it into account in any way prior to judgment may turn out to weaken you in some other way.

[points_worrier]

Thanks. Made clear I do not accept the refund, and asked them to send me the bank details for where to return it to, as I did not accept any refund, and will not accept any cash or miles (less than the full commercial cost of a flight in cash) as any way contributing towards their ongoing duty under Article 8 rerouting.

I will proceeed with CEDR and claim the costs, and mention Article 15. I will not say they can contibute the refund towards any flight, but will accept the adjudicator will probably reduce my awarded amount by that much.

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

[Lula]

They really are behaving terribly over these UK261 cases. I’ve just sent in my letter before action relying on article 8 (read together with article 15) so will see what they come back with.

[meta]

They routinely do this. I had this on almost every MCOL case in the last 2-3 years. As long as you sent an LBA and started proceedings, you don’t need to contact BA to reject the refund. It’s onus on BA to prove that you requested a refund if you continue with the claim.

[Lady London]

Meta you are technically right. But what we have seen is that BA will take any liberty they can in order to confuse passengers about their rights and to try to enforce its own preferred resolution on passengers by way of stonewalling. Or if that fails to convince the passenger that they can only have BA’s preferred outcome, they try a fait accompli.

Especially as some CEDR arbitrators have been fooled by unilateral BA refunds, it is important to stamp on this immediately so as not to let any front open up where BA’s choices could be assumed to be acceptable to you.

Prompt rejection of anything that is not everything you are asking for in full, also lets BA know you are on the ball and not the usual pussy.