Flight downgrade by partner airline

CurlyWhurly

I am totally confused - booked BA flights to Montreal; returning via JFK premium economy both ways. Return flight was operated on BA behalf by American Airlines.

At the last minute,at the gate, on our return we were downgraded to economy. Both BA and AA are passing the buck and neither admitting responsibility for the refund which I believe is due. Help! Any ideas who I push? Different legislation covers the ex US leg….. Any advice appreciated. Thanks

eskbanker

If you bought the ticket from BA, then I'd argue that your contract is with them and that they're correspondingly liable to reimburse the difference between what you paid for and what you received, but this would need to be under wider contract law rather than the specific UK261 flight delay/cancellation regulations (whose obligations are held by the operating carrier and wouldn't apply here).

What have BA said thus far, in terms of exactly why they don't consider themselves liable?

From a pragmatic perspective, it'll be significantly easier to enforce a claim against a UK company with whom you formed a contract under UK consumer protection legislation, and you also have the option of escalating a BA claim to CEDR, their nominated ADR provider…

CurlyWhurly

BA say the flight was operated by AA and therefore they are liable. But I thought as you say….

CurlyWhurly

BA - response…..

Thank you for your refund request.

I’ve checked your booking and the flight you were downgraded on was operated by AMERICAN AIRLINES. As the operating carrier is responsible for the assessment and processing of refund requests relating to their services, we’re unable to process this refund on their behalf. 

Please submit your request directly to AMERICAN AIRLINES and they’ll be able to look into this for you. To help them locate your information, you’ll need to provide them with all information, such as your booking reference, flight and passenger information. 

Thanks again for contacting us about this and I hope this information helps. We apologise for any inconvenience this may cause and appreciate your understanding. 

CurlyWhurly

American Airlines…

Thanks for your reply.

We apologize for the inconvenience and disruptions you experienced with American Airlines.

Refunds are issued by the original carrier who issued the ticket. As your original ticket was purchased with British Airways, they are responsible for issuing any refund due. American Airlines has sent notification of this claim to British Airways, along with the information necessary to review and process your request.

Please allow time for them to review our request before reaching out for the status. You may contact them using the ticket number listed above. Contact information is available on their website.

Thank you for your patience as we work with British Airways on your claim.

If your ticket was purchased through a travel agency, please reach out to your travel agency directly.

eskbanker

That AA response doesn't seem to be closing the door as such, in that the penultimate line suggests ongoing action, or at least discussion?

While waiting, you might find it productive to search around threads on FlyerTalk, where there are plenty of similar enquiries, plus experts who can offer informed advice about airline policies, etc, if you post your own question:

https://www.flyertalk.com/forum/british-airways-british-airways-club/2116283-downgrade-business-economy.html

CurlyWhurly

Thank you so much. Will do.

flightcompensations

Put those two replies side by side and you're in a stronger position than it feels. AA have told you refunds are issued by the carrier that issued the ticket, and that they have already sent BA the notification and the information needed to process it. That is AA handing it to BA in writing, which is the opposite of BA's "we can't process this on their behalf". Send BA the AA reply verbatim and ask them to say precisely what is still missing.

Worth keeping in reserve: if you paid by credit card, Section 75 makes your card issuer jointly liable with BA for the breach, and it doesn't care which airline operated the leg. That is useful precisely because it sidesteps the buck-passing. Either way, ask for the fare difference between the premium economy and economy fares for that sector, not a goodwill gesture in Avios.

CurlyWhurly

Am grateful for your time. Have been in touch with BA again, asking exactly that. Position seems a tad muddled at their end as they are now talking about the outbound flight…..oh dear! I fear a long journey ahead!🤷‍♀️