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yes 75% of loyalty points
Yes British Airways. They have offered 75% of the loyalty points used to secured a ticket when the Regulations state the compensation should be 75% of the price of the ticket ( or as mentioned 'the published fare')
I need to be sure in making a cash claim that a court will strictly apply the Regulations i.e. it will consider '75% of the price of the ticket (published fare)' to be cash although the ticket was issued by means of points?
Are you aware or similar case law where a consumer has obtained an item other than by making a cash payment and, for example, the item is defective has received a cash refund of the published price?
Yes my wife and I were downgraded two classes from Club World to Economy.
My argument, if compensation is not paid in cash is that my wife and I should receive compensation in points using the same multiple as a passenger who paid cash.
A passenger paying cash would receive compensation of 75% of a Club Class ticket this is 3.42 times more than the price of an Economy ticket. Using this argument my wife and I would receive 3.42 times the points required to secure an Economy seat i.e. 25,000 x 3.42 = 85,500 each.
Is this reasonable?
Not really they are offering to refund 75% of the points required to purchase a Club Class ticket (50,000 points) i.e a refund of 37,500 points
This leave 25% x 50,000 = 12,500 points. An Economy ticket requires 25,000 points
My argument is that a cash customer would receive compensation worth 3.42 times the price of an Economy Ticket whereas I will receive less points that the number required to secure an Economy ticket.
To be equitable I consider I should receive 3.42 times the points required to secure an Economy ticket i.e. 3.42 x 25,000 = 85,500 not 12,500.
rWhilst I very much appreciate your advice but I would not wish to burden you with having to review BA's terms and conditions.
My principle question is this. Given the EC Regulations state that compensation for downgrading is '75% of the price of the ticket' (the explanatory notes go further refering to 'the published price of the ticket' does a court have the discretion to amend this to '75% of the loyalty points used to secure a ticket' or ' 75% of the market value of the loyalty points used to secure a ticket'?
Could the published price of a ticket be considered to be cash or loyalty points?
Seems to me that a court should apply legislation as written, if the legislators intended compensation to be given in loyalty points surely they should have said so?