[EasternPedlar]

I was downgraded from Club Europe to economy on a recent flight from Gatwick to Bordeaux. This was an Avios redemption ticket, but I believe that I am nevertheless entitled to compensation for the downgrade.

BA is handled by a service agent at Gatwick, and they gave me a formal downgrade letter and verbally told me that I would be given compensation of £220. However BA have written to me, in response to my claim, offering just £30!

Would any of the Forum’s readers have any idea of what the entitlements are in such a case? Many thanks for any advice

3 users thanked author for this post.

Polly, Catalina, FormerBA

[cybertravller]

My thoughts on this would be, while this is unfortunate and inconvenient, the most you would be entitled to would be the difference in Avios points between Club and Economy. In terms of goodwill, I think BA should offer you extra points or some form of a voucher.

1 user thanked author for this post.

EasternPedlar

[FormerBA]

You are covered by EU/UK261.

Whilst the Uk has left the EU (stupidest decision in the history of civilisation) the EU 261 regulations have been incorporated to UK law.

It should be noted that BA seem to have a policy of deliberately targeting Avios reward seats and those on 241 vouchers as a method of limiting their costs. Given the information below you can understand why. There is a lot of commentary on this in other forums. My view is that you should reject the £30 and ask for the matter to be escalated. Keep it brief and factual.

If you google headforpoints compensation-for-british-airways-downgrade

Ask for a deadlock letter and take them to CEDR for adjudication. Frankly if they are just offering £30 rather than 30% of the Club one way fare, then you have nothing to lose. My understanding is that BA has not won a single case it has allowed to go to CEDR involving downgrade compensation and ticket validity. Their normal response is to cave in.

The regulations state-

If you are upgraded, the airline can’t request any additional payment.

If you are downgraded, you are entitled to reimbursement of a percentage of the price of your ticket, depending on the flight distance as follows:

a) 30% – flights of 1 500 km or less

b) 50% – flights within the EU of more than 1 500 km (except flights between the EU and French overseas departments), and all other flights between 1 500 and 3 500 km

c) 75% – flights not falling under (a) or (b), including flights between the EU and French overseas departments.

If you have 2 or more connecting flights included in a single ticket, you can only be reimbursed for the flight which was downgraded and not for the entire journey. The reimbursement should be paid within 7 days.

Travelling from the UK to an EU country
From 1 January 2021, EU rules on air passenger rights do not apply to cases of denied boarding, cancellations or delays to flights from the UK to the EU if your flight was operated by a UK carrier or another non-EU carrier, even if you booked your flight before this date. However, EU rules continue to apply from 1 January 2021 if your flight from the UK to the EU was operated by an EU carrier, unless you have already received compensation or benefits under UK law.

7 users thanked author for this post.

Polly, Cheeryguy, Montysaurus, PatJordan, Catalina, EasternPedlar, cybertravller

[EasternPedlar]

@FormerBA, thank you very much for your advice. I have written off asking for a deadlock letter.

[Bullfrog]

<Whilst the Uk has left the EU (stupidest decision in the history of civilisation) the EU 261 regulations have been incorporated to UK law.>

@Former BA .. ‘Keep it brief and factual’ .. please can i suggest you heed your own advice

5 users thanked author for this post.

Cheeryguy, DerekVH, BugAdvisor, FinnKZ229, thecartoonman

[EasternPedlar]

I just got a reply from BA in response to my request for a deadlock letter offering a £25 evoucher in addition to the £30 offered initially = £55 in total as compensation for the downgrade. Still not 30% of the Club Europe fare! The lowest one way club fare that I can see is £268, and the highest is £569. Given that my flight was sold out, I reckon that the offer should be a lot higher than £55. I wish BA wouldn’t play these games!

[openfly]

BA doesn’t pay up these days….they hope you just give up and go away…!

1 user thanked author for this post.

EasternPedlar

[Author]

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