Maximise your Avios, air miles and hotel points

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  • thesecretsanta 3 posts

    I didn’t claim for cancellation as I hadn’t seen the ‘comparable transport conditions’ part – I looked on https://www.legislation.gov.uk/eur/2004/261/article/7 which focusses only the time, rather than 8 which notes the comparable conditions, so I missed that.
    That said, I’ve just looked back through my email exchanges with BA and I have never actually said that I don’t want cancellation compensation, just that this claim is for downgrade reimbursement and they keep focusing on the time of the alternative flight (when they quoted the legislation, surprisingly they didn’t quote the part that notes comparable conditions…). So if CEDR do side with BA on the downgrade reimbursement, could I then start a new claim for cancellation compensation given the re-routing was not in comparable transport conditions?

    I didn’t claim for both as per above I didn’t realise there was a comparable conditions clause, but even if i had i am trying to be reasonable with them here so just expect reasonable compensation – claiming for both would seem unreasonable to me, although i’d be happy to accept both 🙂

    thesecretsanta 3 posts

    @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)

    thesecretsanta 3 posts

    Not sure if this has made any more progress, but thought I’d add an interesting response I’ve had from BA in a similar case as it may be relevant.
    I had 4 tickets (spread across 2 bookings) booked Lon/ORD NYC/Lon in First back in APril, using Avios and 241 vouchers. The night before the outbound BA cancelled the flight. They rebooked me on an AA flight within 30mins of the original flight time, but in Business rather than First (despite me offering to go to ANY of their US destinations in First, they were supremely unhelpful).

    I claimed for the 75% reimbursement on return. Received the usual tosh re no compensation as it was on time etc etc despite me not claiming for that and being explicit it was 75% downgrade reimbursement that i wanted.

    Fast forward via a several exchanges including them refunding the fare difference and avios for 1 person despite me telling them not to, and then deadlock so i filed with CEDR. BA requested multiple deadlines, and after the final one CEDR issued a non-response letter and assigned an arbitrator. The next day BA replied.

    Their defence is that: “ Articles 10 of EC Regulation 261/2004 refers to the passenger being downgraded on the flight they were booked to travel on (the affected flight). The Passengers weren’t downgraded on the Flight booked, the Flight was cancelled. The Passengers were rebooked on American Airlines and accepted a lower cabin. Therefore, Article 10 does not apply”

    Well i hadn’t seen that one coming!! I double checked the regulations and this is absolutely not the case. It is class travelled vs class booked, no mention that it must be the exact same flight….

    I’ve provide my clear thoughts in my response, and it’s now int he queue for the arbitrator to decide.

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