BA Future Travel Vouchers can be converted to cash
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at 22:48 by EU_Flyer.
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JohnSapsParticipantI have just had a telephone hearing at Clerkenwell & Shoreditch Court, Judge Jacob case number 135MC833 John Sapsford v British Airways Plc. The great news for anyone being treated with no respect by BA and being told they have to accept vouchers as opposed to refunding cash. I had originally accepted vouchers as there was no alternative on the website other than phoning the Customer Service Dept and other friends had been on the phone for hours. I then contacted Alex Cruz’s department directly and they effectively claimed the computer said no and couldn’t cancel the vouchers and replace them with cash. The BA argument in court was that the vouchers constituted a signed agreement. The judge found that this was not the case and hence BA will have to cancel the vouchers and refund the cash! This must be the same for anybody that BA issued vouchers to so a massive blow to BA. Go get your cash back!
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8 Feb 2021
at 16:49
ASK1945ParticipantCongratulations – this is a great result for you and others in this position, if it holds up (ie is not appealed by BA). As it stands though, hearings at this level (of the civil court system) do not create precedents and it may need to go to a higher court for confirmation before BA (and other airlines) accept the judgment in full.
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8 Feb 2021
at 18:08
BillyBleachParticipantAdditinally I wonder how this woudl apply to Avios bookings
10 Feb 2021
at 19:23
anyonebutbaParticipantalso this will not be the case id the ticket is not flexible and fully refundable I am sure they will reach to terms and conditions of booking, so a free change would be all they will offer aside from vouchers, personally i’m happy with vouchers and not concerned about cash , seeks desperation to go begging for it too
12 Feb 2021
at 14:59
JohnSapsParticipantThe business class return ticket from LCY to JFK was non refundable and non changeable. Per the judge’s ruling, The Travel Voucher does not represent a signed contract and thus whatever the circumstance BA must pay cash if the customer prefers.
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12 Feb 2021
at 15:31
anyonebutbaParticipantin that case I can see them disputing / appealing this as its clear the ticket was non refundable why should anyone get cash, I am with BA on this one , you enter a contract knowing the ticket does not entitle to a refund yet throw said toys out of the pram when you are offered vouchers…….. I hope BA have a good legal team as they are not in the wrong here at all
12 Feb 2021
at 16:53
EasternPedlarParticipant[quote quote=1092729]in that case I can see them disputing / appealing this as its clear the ticket was non refundable why should anyone get cash, I am with BA on this one , you enter a contract knowing the ticket does not entitle to a refund yet throw said toys out of the pram when you are offered vouchers…….. I hope BA have a good legal team as they are not in the wrong here at all[/quote]
The original contract terms went out of the window once it couldn’t be performed – a case of force majeure. Then it’s a question of unwinding the contract. If you take someone’s money and can’t deliver the service promised, the logical expectation would be that you’d refund them. The airlines made it easy to apply for a voucher; refunds were also on offer, but took a lot more effort to obtain. With air travel unlikely to normalise for years, I think it’s quite reasonable for people to want to encash their vouchers.
3 users thanked author for this post.
17 Feb 2021
at 09:06
SimonS1ParticipantGood to hear.
The guidance issued by the EC re EC261 says It appears that various carriers are offering vouchers to passengers, who do not want to (or are not authorised to) travel any more as a result of the outbreak of Covid-19. Passengers can use these vouchers for another trip with the same carrier within a timeframe established by the carrier.
This situation has to be distinguished from the situation where the carrier cancels the journey and offers only a voucher instead of the choice between reimbursement and rerouting. If the carrier proposes a voucher, this offer cannot affect the passenger’s right to opt for reimbursement instead.So it is encouraging that courts are enforcing the customer’s right to a refund, and where vouchers have sneakily been forced on the traveller then these can be exchanged for refunds.
17 Feb 2021
at 18:28
SimonS1Participant[postquote quote=1092729]
They will never make it stick, as the court will obviously find that i) BA voided the contract by not delivering the service paid for and ii) there is specific legislation covering such scenarios (EC261) under which a refund is payable.
The non refundable angle only replies to the position if the traveller changes their mind and decides not to travel.
The other reason the court would reject this as nonsense is because the right to a refund is included in BA’s own conditions of carriage:
10b) Involuntary fare refunds
10b1) We will pay fare refunds as set out below if we:
cancel a flight
make a significant change to a flight time which is not acceptable to you
delay a flight by five hours or more
fail to stop at your place of destination or stopover
cause you to miss a connecting flight on which you held a confirmed reservation or
refuse to carry you because a banning notice is in force against you or for some other reason pursuant to these conditions where reference is made to this clause.1 user thanked author for this post.
17 Feb 2021
at 18:33
EU_FlyerParticipant[quote quote=1092900]The original contract terms went out of the window once it couldn’t be performed – a case of force majeure[/quote]
Actually this is the English common law principle of frustration not force majeure. There is no implied right to claim force majeure under English law (unlike, say French law) and it needs to be expressly stated in the contract. Frustration can apply irrespective of whether it’s in the contract.
In any case, EU Reg 261/2004 applies here and the right to a refund stems from the airline’s cancellation of the flight. This applies regardless of whether the ticket was refundable because, as you rightly say, the airline couldn’t perform the contracted service anyway and it wasn’t the customers choice not to fly.
1 user thanked author for this post.
18 Feb 2021
at 22:48 -
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