Flight cancellation of voucher booking

sjoh3998

Hi,

I recently booked a BA flight with part voucher, and majority credit card. BA cancelled the flight, and I requested a refund more than 7 days ago, and had heard nothing.

When I called BA, they first of all told me the processing time is 4 weeks for refunds (which despite COVID I thought was still illegal). They further told me the part I paid with a voucher would be returned as a voucher as well, despite issuing me with a full cash refund for a different flight purchased with the same voucher that they cancelled 2 days prior to this cancellation.

The types of payment allowed for reimbursement for this flight (since it departed Switzerland) as far as I can tell in EU regulation are

"7.3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.".

My question is: When I originally requested the voucher used to pay, I agreed to the voucher t's and c's saying if BA cancels a flight, I will be refunded as a voucher for the portion paid with voucher as per conditions of carriage. Does my agreement to these terms amount to 'signed agreement of the passenger' under EU compensation legislation, since EU statutory rights cover more specific circumstances than BA's voucher policies, which apply to all vouchers globally? I am guessing it's an unfortunate 'yes' for me, but was looking for opinions.

Thanks!

Caz3121

your 7.3 quote refers to EU261 compensation 
full text

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

if compensation was applicable then this would be in cash but your post sounds like you are referring to a refund which is usually back to the payment type. cash payment = cash refund, voucher payment = voucher refund

sjoh3998

Thanks Caz3121. The reason I pointed here is that Article 8 for reimbursement of unused travel refers specifically to 7.3 for the method if reimbursement.

8(1) Where reference is made to this Article [which it is under cancellation] passengers shall be offered the choice between: (a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought...

This is why I wondered whether when I accepted the voucher in the first place it was "written confirmation" from me that I am willing to accept a part voucher, rather than the required cash/cheque/transfer that this suggests. Might be grasping at straws, but wondering if this has any relevant impact?

CKhalvashi

sjoh3998 said:

Thanks Caz3121. The reason I pointed here is that Article 8 for reimbursement of unused travel refers specifically to 7.3 for the method if reimbursement.

8(1) Where reference is made to this Article [which it is under cancellation] passengers shall be offered the choice between: (a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought...

This is why I wondered whether when I accepted the voucher in the first place it was "written confirmation" from me that I am willing to accept a part voucher, rather than the required cash/cheque/transfer that this suggests. Might be grasping at straws, but wondering if this has any relevant impact?

The terms of the original voucher will likely have stated it can only be replaced by a voucher, which was part of the terms you agreed to when booking the flight.

I'm not a BA customer, so either @Butts or yourself will likely have to re-read the terms with the original voucher or post them here.

Written confirmation in reality can be clicking an original link to accept a voucher, which it looks like you've done.