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Hi
So they just offered £300 with no explanation.
I replied quoting EC261 stuff and asking for 75% of Avios and fees for that leg and I got this reply back……
“ We understand your concerns, but downgrade compensation is calculated according to UK guidelines, and distance does not determine it. It’s determined by the cabin you were downgraded into. And can send your booking to our Avios team for a fare difference refund as well.”
I would be wary off rushing off to CEDR as you haven’t yet claimed the Avios difference from BA. While that and the £300 proposed may not add up to the total you are expecting, you need at least to ask for while making clear that such claim is without prejudice to the full amount of downgrade reimbursement to which you are entitled under Article 10. If you don’t do this and go straight to CEDR you may fall into the same trap a recent poster fell into which ended up in him losing his case at CEDR and now trying to take it to MCOL.
Also, CEDR has significant delays so personally, I would go back to BA in a final attempt to get the matter resolved quickly. Tell them they have made an error in there response – the “UK guidelines” to which they referred in their email of x date are precisely the same as the EC261 Article 10 legislation and the calculation was confirmed by the CJEU in Mennens v Emirates. For convenience, this is set out below for the downgrade I suffered from Club to WTP in flight BAxxxx on y date. Set this out in a table that makes it crystal clear what you paid, the 75% owed in Avios and cash on a per person and total basis, less what BA has paid (or mark the £300 as offered but not paid if that is the case). It sounds boring but setting this out clearly is mission critical if you wish to be reimbursed in full.
Say that the fact of the downgrade is not in dispute and nor should the calculation be disputed as the principle is set out in statute and the CJEU has confirmed the basis of calculation. This would therefore be binding at MCOL or at CEDR so it would save everyone a lot of work and cost if BA paid the sum of £x within 14 days, failing which you will escalate the claim and as such escalation can only be expressed in cash, the Avios will be claimed at the purchase price of 1.8p.
If you simply go to CEDR now, you risk losing.
That’s very helpful thank you.
I’ve had several different opinions on what it is I am owed so I’m a bit confused to be honest.
The whole – “contact someone else for the Avios not me” smacks of passing the buck. Is it usual to have to chase several parts of the airline? Why can’t customer services deal with it?
I’m also not sure if you are saying the £300 offered should be accepted as well as whatever the right number is under Mennens?
@Geoggy – don’t worry about the different opinions; dealing with these claims is an art, not a science so there’s no right or wrong way to do it. BA is trying to confuse the situation and put obstacles in your way which isn’t unusual for most airlines. You need to counter that with absolute clarity as suggested in various posts since you started this thread. The £300 shouldn’t be on top of the 75% calculation and until they mess it up and that happens, you need to offset it against the sum you are owed.
Hi. So I sent an email based on advice from Flyertalk asking for a Mennens resolution before proceeding to CEDR.
I’ve just got this reply…
“We understand your concerns and have sent your booking for the applicable Avios refund due to the downgrade. And as mentioned previously, you’re also eligible for monetary compensation of £300.00.”
My version of the cash refund is that the £300 is actually above the reasonable cash element.
Total cost was £900. Outbound leg flown in CW, so £450 is relevant.
Multiply that by 75% for both of us is £337.50.
BA would argue only I was downgraded, so 75% of £225 makes the £300 look generous.
Do I reply and say that I am happy with the £300 but need confirmation of the Avios amount to be refunded before I can accept the full resolution?
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