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Hi, not sure of my rights to compensation and refund in this case, so would be grateful for any steer. My wife and I had booked Club Europe EDI-LHR-BRU return using Avios and an Amex 2-4-1 voucher. Not a huge saving but every little helps.
Outward journey was fine but on the return, after checking in (ie, less than 24 hours before departure time) we got an email to say: “your upcoming flights have been cancelled. We’ve rebooked you onto the next available flight, but we’ve had to change your cabin.” In other words: “you’ve been downgraded and bumped onto later flights”.
The new return flights were both more than three hours later, departing and arriving.Having checked Flightaware, BA had cancelled the BRU-LHR flight and crammed everyone into the next flight. As a result they’d had to move us onto a later LHR-EDI flight because we would have missed the original flight.
Am I right in thinking we are entitled to EU261 payments for each flight ‘delayed’, or only the first one? And then, should we get back the Avios and additional taxes for the downgraded return legs? I’ve claimed EU261 before and BA were very straightforward, but never had to reclaim Avios and taxes. How does that work please?
Many thanks for the advice of any experienced travellers out there who’ve had to navigate this issue before.
Were you given a reason for the cancellation? BA might try to wriggle out of paying compensation by blaming weather/strikes/whatever.
Have a look at the comprehensive delay/cancellation thread as this will tell you what and how to claim.
You are *both* entitled to 75% of what you paid for the downgrade – not massive as you say but more than just the difference between the two cabins.Any downgrade reimbursement is per sector (at the rate of 30% for flights under 1500km) and you should theoretically get paid that per person even though you used a companion voucher. Cancellation/delay compensation is based on the whole journey, and your arrival time at the final destination, not per flight. You should apply for it anyway, but BA may cite ‘extraordinary circumstances’.
Thanks Anna and JDB
Unfortunately, BA gave no reason for the cancellation, but given it was 21 hours before the flight, that suggests an operational cancellation rather than weather?JDB, where does the 30% come from? I’ve not seen that anywhere? And whether it’s 30% or 75% how is the percentage calculated? Does that mean x% of the Avios and taxes I paid, or x% of the Club Europe cash fare and, if the latter, where do I get that figure with dynamic pricing?
I was confusing short and long haul downgrades, but the percentage is what’s provided for in the relevant legislation. You are both entitled to 30% of the avios you paid, albeit that won’t be a huge number. I can never work out how the cash element works as BA’s surcharges complicate things slightly.
People who have had to take BA to court to get downgrade compo on avios flights have sometimes asked for it to be paid in cash.The 30% downgrade reimbursement (and it is reimbursement you need to ask for rather than compensation) is the quantum specified in Article 10 of the EC261 regulations. You should get back 30% of the Avios paid for the downgraded sector x two passengers, notwithstanding the use of the 241, but BA may not concede this point. You would also usually be entitled to 30% of any carrier imposed surcharges, but that may not be relevant here as BA subsidises the taxes/third party with European RFS.
It doesn’t matter that BA didn’t give any reason for the cancellation; they rarely do, and it doesn’t prevent you making a claim.
The Club Europe segments were 9000 euros each, whereas Eurotraveller was 4500. So 30% of 9000, ie 2700 Avios back does not seem fair, or am I missing your point? Is the ‘reimbursement’ in ADDITION to the 4500 Avios difference between the seats paid for with Avios and those given?
No it’s not in addition.
The regulations don’t mention fare difference at all just a % of the original fare.
It has been known for BA to just refund the fare difference but that’s normally bank error in your favour if it happens.
When you claim I’d not even mention the % figure and see what they give you.
It’s what the regulation says. Whether you think it’s fair or not does not come into it.
The ‘right’ reimbursement (NOT compensation the regulation is very specific) is what the law says to offer not what you think it should be.
Do what BA Flyer IHG Stayer says.
Downgrade reimbursement % laid down in the law is based on flight distance. On short haul it’s 30%.
Quite often, partly due to how fares combine money and true taxes/airport charges, that’s not much.I quite take your point about paying for a quality experience that the airline then denies you for its own commercial purposes, whilst keeping your money. And worse, the legislation doesn’t even let you refuse to get on that plane in that case : it doesn’t even let you refuse until the class of travel you bought and paid and had looked forward to, can be provided.
So it sucks.
But after running the figures, as you rightly point out, 30% can mean not much at all.
Your only hope is to remain civil and find out from BA what they are offering. It may well be it’s worth more than what 30% is. Meanwhile calculate fare difference, work out if 1.6p per avios due back is worth more if you want to try for that. If you’re nice it’s just possible BA might toss some avios per seat your way as well as fare difference. Not guaranteed, but be nice anyway.
On long haul it’s different as the % reimbursement goes up to 75% depending on distance and what class you were downgraded out of. Still not a happy-making experience, but mitigated to a far higher extent than shorthaul.
Please let us know how it turns out.
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