BA refuse refund.

[jaguar1963]

Hello. Recently received vouchers from BA for a flight they cancelled. The flight was Gatwick to Almeria-Spain return. We originally asked for a full refund but was told that we had accepted vouchers and a refund was then not possible. We then tried to re-book the same flight at a later date and discovered that BA no longer operated that service. We complained again. Their answer was vouchers are non refundable and we were free to use them on another flight. We complained again stating that the service that we had purchased they were unable to fulfil. Same answer. No refund!!!!!* Any ideas please????? Thanks.

[efpom]

Was it just flights or flights + "something else"?
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[R0b]

Hello*

Your post isn't all that clear - you asked for a refund and then you go on to say that BA are now saying you accepted the vouchers but you haven't said whether that is true or not.

So the crucial question, did you accept the vouchers yes or no? If yes, I can't see how you can now ask for a refund unless those vouchers were specifically to be used only for that flight route.*

[jaguar1963]

Hi. We accepted vouchers but we are asking for a refund because the flight we booked (Gatwick to Almeria) is no longer possible as they no longer operate that route. Thanks.

[jaguar1963]

Hello. Recently received vouchers from BA for a flight they cancelled. The flight was Gatwick to Almeria-Spain return. We originally asked for a full refund but was told that we had accepted vouchers and a refund was then not possible. We then tried to re-book the same flight at a later date and discovered that BA no longer operated that service. We complained again. Their answer was vouchers are non refundable and we were free to use them on another flight. We complained again stating that the service that we had purchased they were unable to fulfil. Same answer. No refund!!!!! Any ideas please????? Thanks.

Sorry. It was for flights. Gatwick to Almeria return. Thanks.

[efpom]

There is a difference between cancelling a flight and cancelling the contract for that flight.

The facts as I understand them are:
You had a contract with BA to convey you from Gatwick to Almira and return.
BA cancelled the flight.
BA offered vouchers, aimed at BA fulfilling it's contract with you at some later date.
You accepted those vouchers
BA has now said that it will not convey you at all.

If those facts are right, BA has later repudiated the contract, which means that you are entitled to your money back. It is nothing to the point that you might be able to use the vouchers as (part) payment for another flight to another destination.

The key question that I identify is whether BA cancelled the contract?

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[R0b]

The facts as I understand them are:
You had a contract with BA to convey you from Gatwick to Almira and return.
BA cancelled the flight.
BA offered vouchers, aimed at BA fulfilling it's contract with you at some later date.
You accepted those vouchers
BA has now said that it will not convey you at all.

Whilst that is in the realm of possibility, that is not how it works. The contract is for the flight from A to B on a specific date and time and when an airline cancels the flight, the contract is effectively cancelled too because it cannot be fulfilled. It follows that cancellation of a flight will then trigger the remedies under EU Reg 261/04 assuming it meets the criteria, in addition to any other legal remedy that might be available (usually not the case).*

I've had my fair share of cancellations and at no point have I seen the airline suggest that the contract remains in existence after the flight has been cancelled. The vouchers/refund are the compensation for the breach of contract.

Since the details are lacking from jaguar1963*I am going to hazard a guess that the flight was cancelled due to COVID-19, you called BA to ask for a refund, they persuaded you to take vouchers to be used for another flight and now you want a refund because you've found that BA don't operate that flight path anymore.

If that is the case, my view is that you are out of luck. You've accepted the vouchers as compensation in lieu of a refund, and there is nothing that legally prevents BA from deciding what routes it offers to customers in the same manner shops and other retailers can decide what stock they want to sell. Only way I can see yourself out of it is if BA specifically said to you over the phone that the vouchers were to be used for that specific flight, in which case as the flight no longer operates, you should be given a refund - the onus is on you to prove that and your starting point would be to request a copy of the audio recording under your subject access rights.

If you felt you were pressured into taking the vouchers instead of a refund (as many complainants have suggested in the media), you may be able to get a refund back but again the onus is on you to prove that. Report the matter to the Competition Authority as a starting point but you may have to issue legal proceedings to get any real outcome.*

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[efpom]

The conditions of contract are here:
https://www.britishairways.com/en-gb...ns-of-carriage

Clause 10 speaks for itself.

So, it would seem that rather than abide the conditions, you were persuaded by BA to agree to an amendment to the contract - take vouchers rather than a refund. The question then becomes whether BA fully informed you of the consequences of making that transactional decision.

[R0b]

Indeed it does, but you need to read Clause 9 to interpret and understand how Clause 10 applies. From the facts given, we know the flight was cancelled and therefore 9b) is triggered which entitles the OP to one of the 3 remedies specified, which in this situation remedy 3 was requested.

However, here's a spanner:

• Clause 18 talks about compensation under EU Reg 261/04. Therefore there are two ways in which the OP could have sought a refund due to the cancellation. Not clear which option was chosen.
• Whilst the conditions say the OP is entitled to a refund, it doesn't explicitly state that it is their sole remedy. So if BA decide to offer a voucher whether equal to or more than the cash value and the OP accepts it, then it seems to me that can be done as it can be just like any other contract.

I'm not sure what legal basis BA are required to inform the OP of the consequences of accepting the voucher over a cash refund. In my opinion that is not their job and it's ultimately down to the OP to decide. If, however, you are referring to the terms on how the voucher can be used then I agree, but it seems like the OP has already been informed that it can be used to purchase another flight.
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