Communications with respect to this document should be sent to: 

Mike Borsetti 

mike@borsetti.com 

22 September 2014 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Mike Borsetti et al.

vs. 

British Airways Plc

Violations of 14 CFR Parts 250, 259, and 

374, and 49 U.S.C. § 41712

Docket DOT-OST-2014-____

COMPLAINT 

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BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Mike Borsetti et al.

vs. 

British Airways Plc

Violations of 14 CFR Parts 250, 259, and 

374, and 49 U.S.C. § 41712

Docket DOT-OST-2014-____

COMPLAINT

1. This complaint arises out of my family’s confirmed ticketed travel paid 

transatlantic business class travel. Inexplicably British Airways check-in counter staff refused us for check-in and then, relenting only after our continued persistence, downgraded 

our group of four by not one class of service but two, and failed to provide the compensation required by its own tariff and EU law. After I complained, BA even failed to provide 

the written reply required by applicable DOT regulation. Having exhausted informal remedies, I file this complaint to seek DOT assistance in obtaining the relief provided by law 

and regulation and to prevent BA from engaging in similar behavior towards other passengers. 

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I. FACTS

A. REFUSAL TO CHECK-IN FOUR TICKETED AND CONFIRMED PASSENGERS

2. On 14 February 2014, my party of four passengers (consisting of myself, 

my then 9 year old child , my wife , and my then 82 year 

old mother ) presented for check-in with British Airways at Los Angeles 

Airport about three hours prior to departure, in ample conformance with BA’s check-in 

deadline of 60 minutes1, for flight BA 268, also sold as AA* 6179, AY* 5458 and IB* 

4662, to London Heathrow Airport, United Kingdom. 

3. This complaint is made on behalf of all four passengers, at the explicit request of the others. My wife and mother have also reviewed this complaint and approve 

it. (I believe my approval suffices for my son, a minor under my guardianship.) 

4. We held reservations and confirmed tickets for such flight as shown in the 

appendix. 

5. On information and belief, British Airways, on its own volition, accepted 

and confirmed our reservations at or about 14:58 (Pacific Time) through its reservation 

system, 5 hours and 47 minutes before the scheduled departure of our flight (20:45). On 

 

1

 We note that British Airways does not list check-in time deadlines in its Customer Commitment Plan at 

http://www.britishairways.com/en-us/information/legal/local-requirements/usa/customer-service-and-contingency-planning nor in its General Conditions of Carriage linked therein and available at http://www.britishairways.com/en-gb/information/legal/british-airways/general-conditions-of-carriage, in a potential violation of 14 CFR 259.5 and 49 U.S.C. § 41712. Furthermore, neither British Airways nor its authorized agents 

told us the check-in deadline for their first flight as required by BA’s General Conditions of Carriage at (6)(c); 

however, on information and belief, British Airways’ check-in deadline at LAX is 60 minutes. 

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information and belief, no change was made to the status of the reservation prior to departure of the flight2

.

6. British Airways airport staff refused to check us in, stating that it “had confirmed too many reservations” and that it would not accept us “because our reservation 

was made, and our ticket was issued by, American Airlines.” Notably, BA staff did not 

at any point claim that our reservation was not confirmed, nor did BA staff dispute that 

our tickets were valid for the flight. Rather, BA staff simply indicated that the flight was 

oversold and that we could not check in. 

7. We were never asked to volunteer for denied boarding nor were we given 

any written (or other) explanation of BA’s boarding priority procedures. Rather, we were 

told we simply could not be transported on the flight. 

8. For at least fifteen minutes, we argued with the BA manager who had instructed his staff to refuse check-in, Mr. Vincent Calhoun, about the impropriety and illegality of being refused check-in. We were then issued unconfirmed standby passes. 

9. Subsequently BA initially refused to check in our baggage, indicating that 

we should wait an indefinite period at the check-in area. (This was particularly problematic because BA’s LAX check-in facility included no seating—a special problem for one 

 

2

 Not relevant to the instant dispute, but included for completeness: we initially purchased travel on American 

Airlines for SFO (AA) LAX (AA) LHR (BA) MIL. Due to off-scheduled operations, AA staff at approximately 2:50pm on 14 February advised us to travel LAX-LHR on a British Airways-operated flight (this was 

consistent with AA tariff rule 80 as to schedule irregularities). As detailed in this complaint, AA made an 

appropriate reservation and issued an appropriate electronic ticket, all confirmed. Our tickets included two 

passengers in paid business class, and two originally in paid economy class but subsequently reticketed into 

business class in exchange for AA “system-wide upgrade” certificates. Consistent with AA’s standard practice for day-of-departure disruptions rerouted onto a “metal neutral” Joint Business Agreement flight, the 

upgraded passengers retained their upgraded ticketed class of service on the reaccommodation. 

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member of our party, age 82, whose medical condition does not allow standing for extended periods.) Once again I had to argue with Mr. Calhoun, the manager; our bags were 

finally taken from us but not accepted for transport, as they were clearly marked with large 

orange standby tags. 

10. During our extended check-in we noticed BA refusing to check in other 

customers who appeared to be ticketed and confirmed on the same flight. Like us, those 

passengers were provided neither compensation nor written explanation of denied boarding. We do not know how many other passengers were similarly situated or whether or 

when they ultimately traveled. 

B. INVOLUNTARY DOUBLE CLASS DOWNGRADE AND FALSE STATEMENTS OF PASSENGER RIGHTS

11. At the gate, all four of us were subjected to an involuntary double-class 

downgrade, from the confirmed and ticketed Business Class through Premium Economy 

to Economy. In particular, we were advised that if we did not accept Economy transport, 

we would be unable to travel on the flight. We reminded the supervisor at the gate that we 

had ticketed confirmed reservations in Business Class. The supervisor told us that this did 

not matter and our only options were to travel in Economy or to find another flight on a 

later date. We considered the latter but had already learned that all nearby hotels were sold 

out as a result of it being the Friday of President’s Day weekend (which also coincided 

with Valentine’s Day) and because of numerous flight cancellations due to winter storms

in other parts of the USA. 

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12. We asked the BA gate supervisor how we would be refunded for and compensated for the downgrade. The agent told us, we later learned incorrectly, to contact AA 

for a refund for flying in a lower class of service than ticketed. In fact, it is the operating 

carrier—here, BA—that must do so. See Violations (B) below. 

C. BA’S REPEATED FAILURE TO PROVIDE REFUND, SUBSTANTIATE ITS CALCULATIONS, SUBSTANTIVELY REPLY TO INQUIRIES, AND CORRECT MANIFEST ERRORS

13. On 17 February 2014, I sent a two page reminder to BA, noting its obligation to provide an appropriate refund for the involuntary downgrade. Specifically, I reminded BA of its statutory obligation under EC261/2004 to issue us a refund for 75% of 

the value of the four tickets, an amount I calculated at USD 8,336.10. I provided appropriate documentation to support that request, including a citation to and quotation of the 

relevant regulation, as well as itemization and copies of the tickets at issue. 

14. On 20 February, a Ms. Tognolo of BA Customer Relation acknowledged 

by email its receipt, assigned case number 119551129, and stated that “We are investigating your case”.

15. On 25 February, I sent a two page complaint about the incident (and not 

about the refund) to BA via email to Mr. Steve Clark, Senior Vice President of Customer 

Service & Operations, North America and Asia Pacific, with copy to Ms. Kristine Morley, 

BA’s Airport Manager at LAX and San Diego. He confirmed receipt the same day.

16. On 25 February, I also filed a two page informal complaint about violations 

of DOT oversales rules with the Department’s Aviation Consumer Protection Division. 

On 3 March, the Department acknowledged my complaint via email, assigning it case # 

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DP2014030001. The analyst indicated that the Department would forward my complaint 

to BA for a response (with a copy to the Department). The analyst noted the required 

timetable: “Airlines are required to acknowledge receipt of a consumer complaint within 

30 days and provide a substantive response to the complainant within 60 days.”

17. On 4 March, Mr. Steve Clark of BA sent me an email stating that “someone 

from our CR [sic.] team will be in touch with you shortly concerning this case.”

18. On 12 March, a Mr. Chandler of BA Customer Relations emailed me indicating that he had “created a claim, passing your correspondence and travel records to our 

Refunds department, requesting they investigate your claim as quickly as possible to refund the fare compensation due.” The claim number was the same 119551129 British 

Airways assigned on 20 February. He offered “by way of an apology, and as a gesture of 

goodwill” $500 per passenger, which we have not accepted.

19. On 15 March, a Ms. Machado from BA North America Ticket Refunds 

asked me by email attachment to provide the “original ticket (Form of Payment details)”, 

since the tickets in questions were reissues of the original ticket. I provided all copies of 

tickets by fax and email the same day. 

20. On 19 March, a Ms. Koliar of BA North America Ticket Refunds asked me 

by email attachment to provide “the Full Credit Card Number to process refund due downgrade.” Notably, Ms. Koliar did not indicate the amount of refund to be provided. I responded the next day by fax and email: “Could you be so kind as to confirm that the 

amount matches the one of my letter of 17 February, and, if not, provide justification and 

full and detailed accounting and calculations to support it?”

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21. On 23 March, a Ms. Pereira from BA North America Ticket Refunds asked 

me by email attachment to provide “Original Coupons in order to determine the downgrade.” That said day, I responded by fax and email. I noted that I do not have “Original 

Coupons” since this was an electronic ticket and that I had already sent all documentation 

in my possession (including original tickets) on 15 March. 

22. On 25 March, a Ms. Mestry of BA North America Ticket Refunds asked 

me by email attachment to provide a “Copy of Original Ticket - 001 7365210001 and 

Form of Payment used to purchase the original ticket.” This was the fourth different person 

within BA North America Ticket Refunds requesting ticket copies, which I had already 

provided to BA on 15 March upon first request. That same day, I responded to Ms. Mestry 

via fax and email, copying via email Mr. Chandler of BA Customer Relations, noting the 

duplicative requests and BA’s failure to respond to my 20 March request for the amount 

of refund and its calculation. I also requested that the case be assigned to a single person 

in order to provide continuity in its handling, a common-sense request that British Airways ignored. (I later received correspondence from yet more employees, eight in total, 

including new employees who had no previous involvement in my case.) 

23. Ms. Mestry replied that day by email, ignoring my request for the amount 

of the refund and its calculation. In my response of the same day I reminded her: “I have 

requested to confirm the amount that you're refunding before we move forward:” and 

quoted the relevant section of the email of a few hours earlier. Mr. Chandler also replied 

by email that day, also not providing any substantive response, but only to indicate that 

he had “followed up with the British Airways Refunds management team, requesting they 

expedite your claim as quickly as possible”.

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24. On 27 March, Ms. Mestry of BA North America Ticket Refunds responded 

via email attachment quoting a modified version of EC261/2004 but yet again failing to 

provide a specific dollar value amount or arithmetic calculation. I responded by fax and 

email on 5 April, noting BA’s second refusal to provide the exact amount of the refund 

and its calculation as requested by me on 20 March and 25 March, and “requesting, for 

the third time, for British Airways to confirm that [the] amount of the refund matches the 

one of my letter of 17 February, and, if not, for British Airways to provide justification 

and full and detailed accounting and calculations to support a different amount.” In the 

interests of achieving prompt resolution, and notwithstanding my concern of a refund of 

incorrect amount, I provided the card number originally used to purchase the tickets. 

25. On 9 April, Ms. Pereira of BA North America Ticket Refunds wrote me via 

email attachment to “inform me” that we “could be refunded refunded [sic.] 75% of downgraded sector value i.e. USD 143.00 for sector LHR-LIN.” This was manifest error: our 

correspondence plainly indicated that we were not downgraded not from LHR to LIN but 

from LAX to LHR. Furthermore, Ms. Pereira provided no substantiation for the amount 

provided. On 23 April, after Easter vacation, I forwarded Ms. Pereira’s message to Mr. 

Chandler of BA Customer Relations, pointing out the irrelevance of the LIN sector and 

the lack of substantiation of the amount. Given the repeated delays and errors from BA’s 

Refund Department, I suggested a phone conversation. We ultimately spoke on 13 May, 

after Mr. Chandler’s vacation, during which Mr. Chandler told me that my case had been 

handled incorrectly by BA and that it would be moved to the “EU Compensation team in 

the United Kingdom”. He confirmed in an email later that day: “As promised I have passed 

your comments, including your previous correspondence to the EU Compensation team 

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in the United Kingdom to investigate your refund claim for USD 8,336.10. Once they 

have advised me of their actions I will be in contact with you.”

26. On 13 May, 77 days after I filed my informal complaint with the Department, I noted that I had not received the required response from BA. I therefore emailed 

the assigned analyst at the Department to ask whether BA had provided it with the requested copy of a response. The analyst replied on 14 May: “The Department has not yet 

received a response from the carrier. I have sent a second notice requesting a response. I 

will advise when it arrives.” As of today, I have received no further message from the 

Department analyst, so I conclude that BA never replied to the Department. 

27. On 21 May, a Ms. Dalvi of BA North America Ticket Refunds emailed me 

stating, out of the blue, that a “refund” of “USD 949.000” (sic.) was made to the credit 

card originally used for purchase. Inexplicably, Ms. Dalvi’s message listed four passenger 

names but only three ticket numbers. Furthermore, she provided no substantiation whatsoever of how the amount was calculated, whether it applied to four passengers or three 

tickets, or how this amount compares to the USD 143 stated by Ms. Pereira on 9 April. 

28. On 2 June, I wrote via email to Mr. Chandler of BA Customer Relations to 

alert him of the seemingly-erroneous credit and further noting that I had not yet been 

contacted by the “EU Compensation team in the United Kingdom” as his 13 May message 

had promised. He replied on 4 June: “I will indeed follow up with the EU office in the 

UK, requesting they advise me of their investigation.”

29. On 5 June, I received an email from Mr. Chandler’s with a reply that was 

particularly striking for a series of errors. He wrote: “They [the EU Compensation team] 

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have advised, as a result of your experience, each of the three of you are entitled to compensation for your journey on British Airways flight BA0268 from Los Angeles to Milan 

on 14 February 2014. The distance of your disrupted journey as calculated in accordance 

with EU legislation was over 3500km. Based on this, you are entitled EUR300.00 in compensation, which is 50% of the full amount. The reason for the 50% reduction is that you 

were provided with transportation, scheduled to arrive at your final destination less than 

4 hours after your original arrival time. We have arranged for 3 separate checks, in your 

local currency for USD502.00 each, to be sent to your US mailing address shortly under 

a separate cover. Please allow 14 days for them to be with you.” (emphasis added) In a 

reply to Mr. Chandler the same day, I noted the obvious errors: My party suffered an 

involuntary double downgrade, yet his email cited articles about delays. (We were not 

delayed, in the sense that we were transported on the BA flight on which we were ticketed 

and confirmed, but in a doubly-lowered class of service.) Furthermore, Mr. Chandler’s 

message inexplicably references “3” passengers when in fact my party consisted of four 

persons. As of today, Mr. Chandler has not yet replied to my email. 

30. Sometime in late June or July while I was away from home, the US Postal 

Service delivered three envelopes from BA each containing nothing but a check for USD 

408.00. Notably, (a) The amounts of the check differed from the amount of USD 502.00 

stated in BA’s email of 5 June. (b) Even though BA knew that I had purchased all tickets, 

and even though standard industry practice is that refunds should be paid to the party the 

bought the tickets, the checks were made payable to the travelers (one of whom is a minor 

and cannot easily cash the check). (c) There were only three checks for four passengers. 

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(d) There was no substantiation of the amount, no explanation as to why the amount differed from that of BA’s letter of 5 June, no explanation as to why the amount differed 

from my calculations, and no explanation why only three checks were provided for four 

passengers. 

31. British Airways might argue that its various messages after my informal 

DOT complaint in some way constitute its response to that complaint. They do not. For 

one, none of BA’s messages addresses the issues raised in the complaint: BA’s messages 

never discuss our being refused for check-in, nor does BA discuss its staff falsely advising 

us to contact AA for refund and compensation; and BA never supports its refund calculation with any arithmetic detail. Furthermore, according to the transmission information on 

these messages, their plain language, and the 14 May response from the assigned Department analyst, BA’s messages were sent only to me and not to the Department. Such messages obviously fail the obligation to provide a copy to the Department and thus cannot 

be the reply the analyst instructed BA to provide. 

D. CURRENT STATUS

32. BA has yet to pay the proper refund required by tariff and law. 214 days 

have passed, far beyond the DOT’s deadline of a refund sent within 7 days.

33. Neither Mr. Chandler nor anyone else at British Airways have replied to my 

email of 5 June. 

34. I received a $949 credit to my credit card on 29 May. I do not know what 

this credit purports to represent, or for how many passengers. 

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35. I have not cashed the checks BA sent in June or July. The amount is in 

dispute. The number of checks (three) is in dispute. One was sent to a minor and as such 

cannot easily be cashed. 

36. Contrary to specific written instructions from the Department, BA has not 

responded to my complaint of 25 February (DOT case DP2014030001). 210 days have 

elapsed. To my knowledge BA also has not responded to the Department’s second notice 

to BA, which it sent on 14 May. 

37. BA has not responded to the substance of the complaint I filed directly with 

it on 25 February. 210 days have elapsed. 

II. VIOLATIONS

A. OVERSALE, REFUSAL TO CHECK-IN, AND FAILURE TO FOLLOW OVERSALE PROCEDURES AND PROVIDE REQUIRED DISCLOSURES

38. 14 CFR 250 establishes minimum standards for the treatment of airline passengers holding confirmed reservations on certain U.S. and foreign carriers3

 which are 

oversold. Specifically, pursuant to 14 CFR 250.2(a), an airline in an oversale situation is 

required to solicit volunteers. Pursuant to 14 CFR 250.2(b), the airline must advise passengers of the compensation the carrier is obligated to pay. Pursuant to 14 CFR 250.3, the 

airline must use a boarding priority procedure that is not unjustly discriminatory. Pursuant 

 

3

 For the purposes of 14 CFR Part 250, covered flights are scheduled flight segments using an aircraft that 

has a designed passenger capacity of 30 or more passenger seats, operating in (1) interstate air transportation 

or (2) foreign air transportation with respect to nonstop flight segments originating at a point within the 

United States. 

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to 14 CFR 250.6(c), the airline must refund passengers seated in a section for which a 

lower fare is charged. Pursuant to 14 CFR 250.9, the airline must provide denied passengers with a written statement. 

39. It is an unfair and deceptive practice in violation of 49 U.S.C. § 41712 to 

fail to solicit volunteers, to fail to disclose the compensation the carrier is obligated to pay, 

to use a boarding priority procedure that is unjustly discriminatory, to fail to refund passengers seated in a section for which a lower fare is charged, and to fail to provide denied 

passengers with a written statement. 

40. Flight BA 268 was a scheduled flight segment using a Boeing 747-400 series aircraft that has a designed passenger capacity of 30 or more passenger seats operating 

in foreign air transportation on a nonstop flight segment originating at a point within the 

United States. The requirements of 14 CFR 250 thus apply. 

41. Although we held confirmed and ticketed reservations and presented ourselves for check-in with ample time, BA refused to accept us for check in. Only after we 

escalated to a supervisor did BA give us “standby” status, against our will, de facto placing 

us in the volunteer list without ever requesting whether we wanted to be volunteers for 

denied boarding, in violation of 14 CFR 250.2(b). 

42. In refusing to accept us for check-in, British Airways explicitly gave preference and advantage to particular passengers and treated us with unjust or unreasonable 

prejudice or disadvantage, in violation of 14 CFR 250.3. 

43. At no point during the “check-in” process, including when originally denying us check-in and when forcing us to standby, did British Airways provide us with a 

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written description of the carrier’s boarding priority rules and criteria, in violation of 14 

CFR 250.9.4

44. We believe that when BA staff initially refused to check us in, they sought 

to circumvent the requirements of 14 CFR 250 by treating and reporting us as “no shows”, 

unjustly depriving us, and passengers similarly situated, of the protections due to us under 

law and tariff. 

45. At no time, including during the check-in ordeal, did British Airways inform us of the compensation it is obligated to pay if we were to be involuntarily denied 

boarding, in violation of 14 CFR 250.2(b). 

46. At no time, including immediately after denying us the class we paid for, 

did British Airways furnish any of us with a written statement explaining the terms, conditions, and limitations of denied boarding compensation, and describing the carrier’s 

boarding priority rules, in violation of 14 CFR 250.9. 

47. British Airways told us, only after our request, that no compensation was 

due by BA. This affirmative statement, entirely false and contrary to both law and contract, was intended to mislead us and did for a time mislead us. This false statement, to 

our detriment and to BA’s benefit, is a classic violation of 47912. It also violated of 14 

CFR 250.6(c) and 14 CFR 250.9. 

48. We witnessed additional passengers similarly situated being refused checkin without being provided compensation and without being provided a written explanation 

of denied boarding. This conduct also violates 14 CFR 250. 

 

4 Had we received such a statement, we could have used it to flag BA’s noncompliance with the other requirements of 14 CFR 250, which we believe is the DOT’s intent for this rule.

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49. British Airways may argue that its duty to accept us for the flight is in some 

way reduced or nullified by the fact that our tickets were originally purchased from American Airlines for travel on AA. But we were properly and timely (approx. 5 hours and 47 

minutes prior to departure) rebooked by AA on the BA operated flight pursuant to AA 

Tariff Rule 80 (Schedule Irregularity). BA exercised its sole discretion in accepting and 

confirming the reservation. As such, we have all the rights and benefits of any other business class passengers confirmed for the flight. Any potential dispute between BA and AA 

(e.g. as to any error by AA) would be irrelevant to our rights. 

B. REQUIRED REFUND FOR DOUBLE-CLASS DOWNGRADES 

50. 14 CFR Part 250 establishes minimum standards for the treatment of airline 

passengers holding confirmed reservations on certain U.S. and foreign carriers who are 

oversold. Specifically, pursuant to 14 CFR 250.6(c), a passenger denied boarding involuntarily who is seated in a section of the aircraft for which a lower fare is charged shall 

be entitled to “an appropriate refund.”

51. British Airways Plc’s (operating carrier) Tariff BA-15 rule 90(D) is in accord. Rule 90(D)(2)(b) is for situations “when a passenger holding a ticket for carriage for 

a higher class of service between an origin and a destination is required by carrier to use 

a lower class of service for any portion of such carriage”. The rule provides for computing 

the difference between the fare for the ticketed class of service versus the fare for the 

 

5

 Available at http://www.britishairways.com/cms/global/pdfs/legal/International-Passenger-Rules-TariffOct2013.pdf

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lower class of service flown, prorating for a one-way downgrade where applicable. Inexplicably, BA has never cited this rule, applied it, provided any such calculation, or even 

attempted to argue that its proposed refund matches this approach. 

52. American Airlines (marketing carrier) Tariff AA-1 Rule 90 is identical. 

53. European Union Regulation No 261/2004 determines, for cases of downgrades on covered flights6

, the amount of the reimbursement due to the passenger, the 

party that is obligated to issue the reimbursement. Specifically, EC 261/2004 10.2 establishes that when a covered operating air carrier places a passenger in a class lower than 

that for which the ticket was purchased on flights over 3,500 km (2,175 statute miles), it 

(operating carrier) shall reimburse 75% of the price of the ticket. EC 261/2004 does not 

anticipate or discuss a double downgrade, although the principles of 261 would seem to 

call for additional compensation given the particularly severe impact on passengers. As a 

scheduled flight by an air carrier with an operating license granted by a State Member of 

the European Union, from an airport outside the European Union to an airport inside the 

European Union, BA flight 268 falls within the scope of EC 261. 

54. British Airways may argue we the DOT cannot require BA to provide us 

with the downgrade compensation specified by EC 261/2004. We disagree. On information and belief, no DOT rule, tariff provision, or other principle of contract or law conflicts with EC 261/2004 as to compensation for a downgrade. On information and belief, 

the DOT does not have a rule specifically on point, as to a precise amount (or specific 

 

6

 As per its Article 3(1)(a), the Regulation applies to passengers departing from an airport located in a third 

country to an airport situated in the territory of a Member State to which the Treaty applies, unless they 

received benefits or compensation and were given assistance in that third country, if the operating air carrier 

of the flight concerned is a Community carrier. 

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calculation) of compensation that must be paid in these circumstances. But we understand 

that DOT rules require that any such process be “reasonable.” We submit that where an 

applicable regulation, duly enacted by a suitably-empowered regulatory body, specifies a 

specific amount or a specific calculation, that amount is per se reasonable. We note also 

that BA did not (and could not lawfully) insert into its tariff or other contract materials 

any provision attempting to reduce or eliminate passenger rights under EC 261/2004 --

leaving those rights in full effect. 

55. BA may argue that its duty to compensate us for the double downgrade is 

reduced or nullified by the fact that our tickets were originally purchased from AA for 

travel on AA. For the same reasons presented in paragraph 49, our rights as passengers 

with ticketed and confirmed BA travel are not affected by any error by AA or dispute 

between AA and BA. 

C. IMPERMISSIBLE DELAY IN PROVIDING REQUIRED REFUND

56. 14 CFR 250.9 provides that when a passenger is denied boarding, an airline 

must give such passenger the required refund “on the day and at the place the involuntary 

denied boarding occurs” or, in limited circumstances, within 24 hours. BA may argue that 

my party was involuntarily downgraded rather than involuntarily denied boarding. But 

note that involuntary downgrades are addressed within the same section 250.9 (at Compensation for Involuntary Denied Boarding item 5). Certainly an involuntarily-downgraded passenger suffers a significant detriment consistent with the purposes of 250.9. 

57. Whether or not IDB provisions apply, the Department’s general refund rules 

apply. Regulation Z of the Board of Governors of the Federal Reserve System, 15 U.S.C. 

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§§ 1601-1693r and 12 CFR Part 226 (Regulation Z) and the related Department of Transportation (Department) implementing rule, 14 CFR Part 374, establishes that, with respect 

to refund requests involving airline tickets purchased with a credit card, a creditor—here 

British Airways—must transmit a credit statement for a passenger refund to the credit card 

issuer within seven business days of receipt of full documentation for the refund requested. 

58. Furthermore, pursuant to 14 CFR 259.5, a covered carrier must adopt and 

adhere to a customer service plan that includes a commitment to provide prompt refunds 

when ticket refunds are due. Failure to process a refund within the stipulated time periods 

violates section 259.5 and Part 374 and constitutes an unfair and deceptive practice and 

unfair method of competition in violation of 49 U.S.C. § 41712. 

59. Pursuant to 14 CFR 259.5, BA adopted a customer commitment and made 

it available on its website at www.britishairways.com7. In its customer commitment, BA 

pledged that for purchases made with a credit card, it would submit the refund requests to 

the credit card issuer within seven business days of receiving a complete request for refund. BA’s failure to adhere to this commitment violates 14 CFR 259.5(b)(5) and Part 374 

and 49 U.S.C. § 41712. 

60. European Union Regulation No 261/2004 determines, for cases of downgrades on covered flights, the timing by which an involuntary refund must take place. 

Specifically, EC 261/2004 10.2 establishes that the operating carrier shall make the reimbursement “within 7 days [of the downgrade] in cash, by electronic bank transfer, bank 

 

7

 See http://www.britishairways.com/en-us/information/legal/local-requirements/usa/customer-service-andcontingency-planning

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orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers 

and/or other services”.

61. BA was obliged to pay a refund within 7 business days of 17 February (on 

26 February) under US regulations, and within 7 days of 14 February (21 February) under 

applicable EU regulations. BA has manifestly failed to do, and BA North American Refunds did not even contact me until 15 March and delayed the process by never providing 

the requested calculation of refund amount. At best, the refund was several months late. 

Furthermore, I can see no plausible theory wherein the refund was the correct amount, and 

BA has repeatedly failed to support the amount with any arithmetic calculation. Where 

BA has attempted to support the amount with reasoning, the reasoning has been facially 

and fatally flawed, including misstating the number of passengers (three versus four), the 

affected segment (LHR-MIL versus LAX-LHR), and the nature of the problem (delay 

versus double downgrade). 

D. BA’S REPEATED FAILURE TO PROVIDE REFUND, SUBSTANTIATE ITS CALCULATIONS, SUBSTANTIVELY REPLY TO INQUIRIES, AND CORRECT MANIFEST ERRORS 

62. 14 CFR Part 259 provides for enhanced protections for airline passengers. 

Pursuant to 14 CFR 259.7(c), covered carriers must acknowledge receipt of written complaints regarding scheduled service within 30 days of receipt of the complaint. Within 60 

days of receipt of the complaint, the carrier must provide a substantive written response 

to the complaint. Further, pursuant to 14 CFR 259.5(b)(11), a covered carrier must adhere 

to a customer service plan which includes a commitment that ensures responsiveness to 

consumer problems. Failure to provide a written acknowledgment within 30 days and a 

Public version
Complaint 

20

written substantive response within 60 days violates sections 259.5 and 259.7 and constitutes an unfair and deceptive practice in violation of 49 U.S.C. § 41712. As a foreign air 

carrier with scheduled passenger service on large jets, BA is subject to these requirements. 

63. In sharp contrast to these requirements, BA has failed to provide a substantive written response to my complaint. When I complained of four passengers involuntarily downgraded on LAX-LHR, BA variously replied to discuss downgrade LHR-MIL 

(which did not occur), delayed transport (which did not occur), and problems affecting 

“3” passengers (rather than four). BA never used the phrase “involuntary downgrade” or 

“involuntarily denied boarding” in any of its correspondence pertaining to this matter, nor 

did BA quote, cite, discuss, or apply relevant contract provisions or regulation. BA never 

discussed its agents’ initial refusal to allow us to check in or the claims stemming from 

that failure. These facially-flawed replies cannot comprise the “substantive written response” required by 14 CFR 259.7(c).

64. BA’s failure to reply to the Department’s staff is equally galling. On 3 

March, a Department analyst specifically advised BA that it was required to provide a 

“substantive response” within 60 days, with a copy to the Department. On 14 May, the 

analyst reminded BA of its past-due response. To the best of my knowledge, BA has never 

provided the required response. Ignoring correspondence from the Department is particularly brazen and clearly prohibited under 14 CFR 259.7(c). 

III. DEMANDS

65. I ask that the Secretary order British Airways Plc to refund 75% of the price 

of the tickets by electronic bank transfer. For its repeated failure to provide any alternative 

Public version
Complaint 

21

refund amount, BA should be estopped from opposing my calculation of a total refund of 

USD 8,336.10 minus the $949 already credited. 

66. I ask that the Secretary order British Airways to pay interest for the days 

beyond the 7th day at an interest rate not lower than the underpayment rate set by the 

Internal Revenue Service. 

67. I ask that the Secretary order British Airways to pay a sum to cover the 

extraordinary time and effort required that has taken me to pursue this simple refund as a 

result of British Airways’ conduct which the record reveals to be, at the least, grossly 

negligent. It is my understanding that most Department filings are made by practicing 

lawyers who are paid several hundred dollars per hour. 

68. I ask that the Secretary exercises its authority under 49 CFR Part 1 and assess British Airways the civil penalties due and payable pursuant to 49 U.S.C. § 46301 for 

these multiple violations of 49 U.S.C. § 41712, including: 

a. Four violations (one per passenger) of 14 CFR 250.2(b); 

b. Four violations (one per passenger) of 14 CFR 250.3; 

c. Four violations (one per passenger) of 14 CFR 250.9; 

d. Four violations (one per passenger) of 14 CFR 250.2(b); 

e. Four violations (one per passenger) of 14 CFR 250.9; 

f. Four violations (one per passenger) of 14 CFR 250.6(c) and 250.9; 

g. Four violations (one per passenger) of 14 CFR 250.6(c); 

h. Four violations (one per passenger) of Tariff BA-1 rule 90(D); 

i. Four violations (one per passenger) of EC 261/2004; 

j. Four violations (one per passenger) of 14 CFR 259.5 and Part 374; 

Public version
Complaint 

22

k. Four violations (one per passenger) of 14 CFR 259.5(b)(5) and Part 

374; 

l. Four violations (one per passenger) of EC 261/2004; 

m. Four violations (one per passenger) of 14 CFR 259.5 and 259.7 as it 

pertains to my request for refund of 17 February; 

n. Four violations (one per passenger) of 14 CFR 259.5 and 259.7 as it 

pertains to my complaint to Mr. Clark of British Airways of 25 February; 

o. Four violations (one per passenger) of 14 CFR 259.5 and 259.7 as it 

pertains to my complaint of 25 February which the Department forwarded to British Airways; 

p. Four violations (one per passenger) of 14 CFR 259.5 and 259.7 as it 

pertains to the Department’s second notice of 14 May to British Airways; 

q. The above violations sum up to 64 violations of 49 U.S.C. § 41712. 

69. I ask that the Secretary audits reservations, tickets, check-ins, and involuntary oversales for flight BA 268, also sold as AA* 6179, AY* 5458 and IB* 4662, on 14 

February 2014, to determine whether the number of involuntary boardings and amount of 

oversale compensation provided is consistent with the number of reservations confirmed 

by BA and typical no-show rates. I ask the Secretary to investigate available records to 

attempt to corroborate our observation of BA staff refusing to check in passengers without 

providing compensation or notice—which, if proven, would entail further multiple violations of 14 CFR 250, the BA tariff, and 49 U.S.C. § 41712. 

Public version
Complaint 

23

70. I ask that the Secretary review whether British Airways violated 14 CFR 

259.5 and 49 U.S.C. § 41712 in failing to publish the deadline for checking-in in its Customer Commitment Plan and the General Conditions of Carriage linked therein. 

71. I ask that the penalty amount be increased in light of British Airways’ utter 

incompetence including 20+ messages from eight different BA representatives8

, delay of 

approximately six months in sending even the initial refund, mistaken number of checks 

provided, mistaken payees on checks, check amounts not matching BA’s own commitment, refusal to support a refund calculation with any arithmetic or other authority, refusal 

to discuss or distinguish my refund calculation, refusal to provide the 75% refund provided by applicable EC law, and cumulative delays more than twenty times longer than 

permitted by applicable regulation. 

72. I ask that the penalty amount be increased in light of British Airways’ assertion in its Joint Application for Antitrust Immunity9

 that the members to the revenue 

sharing Joint Business Agreement (of which both BA and AA are part of) would operate 

in a metal neutral fashion providing “an indifference as to which airline actually carries 

the customer” (p.11). To the contrary, BA discriminated against us because our reservations were made and our tickets issued by one of their immunized revenue sharing JBA 

partners, in violation of BA’s prior representations to the Secretary.

73. I ask that the penalty amount take into consideration the size and sophistication of British Airways. 

 

8

 Ms. Tognolo, Mr. Clark, Mr. Chandler, Ms. Machado, Ms. Koliar, Ms. Pereira, Ms. Mestry, and Ms. Dalvi. 

9

 See docket DOT-OST-2008-0252; the antitrust immunity was granted on 20 July 2010 with Final Order 

2010-7-8.

Public version
Complaint 

24

74. I ask that the penalty provide a strong incentive to British Airways and other 

carriers to comply with the protections of airline passengers10.

75. I ask that the penalty provide a strong incentive to British Airways and other 

carriers to comply with the published tariffs. 

76. I ask that the penalty provide a strong incentive to British Airways and other 

carriers to comply with Regulation Z and the related Department of Transportation (Department) implementing rule. 

77. I ask that the penalty provide a strong incentive to British Airways and other 

carriers to provide substantive, dispositive, and accurate responses to complaints in a 

timely manner, as required. 

78. I ask the Secretary to order British Airways Plc., its successors, its affiliates, 

its assigns, and all other entities owned by, controlled by, or under common ownership 

and control with British Airways Plc, its successors, its affiliates, and its assigns to cease 

and desist from further violations of 14 CFR Parts 250, 259, and 374 and 49 U.S.C. § 

41712, and the relevant tariff provisions. 

Respectfully submitted, 

/s/ 

Mike Borsetti 

22 September 2014

 

10 The business case for a carrier to be non-compliant is strong when such behavior is profitable and has a 

low risk of DOT sanctions, and the sanctions, if any, are set at a level that is negligible in relation to the 

carrier’s size. 

Public version
Complaint 

25

CERTIFICATE OF SERVICE

A copy of the foregoing has been served as required by 14 C.F.R. § 302.7 this day 

of 22 September 2014 upon the following parties via electronic mail, and no indication was 

received that any transmission had failed: 

 For the U.S. Department of Transportation: 

o Blane Workie, Acting Assistant General Counsel for Aviation Enforcement 

and Proceedings: blane.workie@dot.gov

 For British Airways Plc: 

o Richard Mendles, General Counsel, Americas: richard.mendles@ba.com 

/s/ 

Mike Borsetti 

Public version
Appendix page 1 Public version
Appendix page 2 Public version
British Airways 

Customer Relations 

Via Fax: +39 02 69633615 

Dear Sirs: 

I am reminding you of your obligation under Article 10 of the REGULATION (EC) No 

261/2004 OF THE EUROPEAN PARLIAMENT to effect a reimbursement: 

If an operating air carrier places a passenger in a class lower than that for which 

the ticket was purchased, it shall within seven days, by the means provided for in 

Article 7(3), reimburse [...] 75 % of the price of the ticket for all flights not falling 

under (a) or (b), including flights between the European territory of the Member 

States and the French overseas departments. 

I am requesting that such compensation (the deadline being 21 February) be paid by bank 

transfer in USD (all transfer expenses prepaid) for credit of my account with Citibank N.A., 

ABA Routing: , Correspondent's SWIFT Bank Identifier Code: , Account .

I paid for all the tickets using my Master Card credit card ending in 5686. 

Attached, for your reminder, are the details of the tickets affected and the amount due under 

EC261/2004: USD 8,336.10. 

I look forward to receiving payment by 21 February as per regulation. 

Mike Borsetti 

oneworld emerald AA

Appendix page 3 Public version
Flight: BA268/14FEB (also sold as codeshare as AA6179, AY5458 and IB4662) 

Downgraded from J to W 

Further downgraded from W to Y 

Name Booki

ng 

code

Segment 

status

Ticket number Ticket price

Borsetti/Mike J OK 6465 USD2777.80

Borsetti/ J OK 6471 USD1378.30 + upgrade cert*

Borsetti/ J OK 6469 USD1378.30 + upgrade cert*

J OK 6473 USD2779.60

*upgrade certificates are non-cash items, so the value of the ticket is considered to be 

USD2778.70, the average of the cost of the other two all-cash tickets. 

Total = USD 11,114.80 

75% = USD 8,336.10 

Appendix page 4 Public version
3/3/2014 borsetti.com Mail - Your Response from BA Customer Relations

https://mail.google.com/mail/ca/u/0/?ui=2&ik=3960d69256&view=pt&q=british%20airways&qs=true&search=query&th=1444feb150b65c30 1/2

Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

1 message

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 20 February 2014 07:30

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for writing to us.

We have set up a file for you, and the reference number can be found below. We are investigating your case, so

there might be a short delay in responding to your letter. 

Please be assured we will contact you as soon as we can.

Best regards

Barbara Tognolo

British Airways Customer Relations

Your case reference is:11955129

Please use the following link to send us a reply and quote your case reference 11955129 in any

correspondence with us:

>https://britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

**************************

OTHER CONTACT INFORMATION

**************************

If you have a general query about British Airways or your journey with us, you can ask your question online:

http://www.ba.com/yourquestions

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

Appendix page 5 Public version
3/3/2014 borsetti.com Mail - Your Response from BA Customer Relations

https://mail.google.com/mail/ca/u/0/?ui=2&ik=3960d69256&view=pt&q=british%20airways&qs=true&search=query&th=1444feb150b65c30 2/2

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 6 Public version
Mike Borsetti <mike@borsetti.com>

(no subject)

Mike Borsetti <mike@borsetti.com> 25 February 2014 03:28

To: " @ba.com" < @ba.com>

Cc: " @ba.com" < @ba.com>

Dear Mr. Clark,

I would like to get your opinion on what happened to myself and my family on 24 February at LAX when checking

in for flight BA 268 (also sold as AA6179, AY5458 and IB4662) in business class from LAX to LHR.

To summarize, that night I encountered:

1) Unprofessional, rude and politely belligerent behavior of British Airways personnel, including by

managerial level

2) A downgrade by two classes instead of none or one (i.e., “rolling the cabins”)

3) British Airways’ violation of the law and regulations (U.S. 14 CFR §250 and EC261/2004)

4) Behaviors that were not representative, in fact – completely opposite, of a “joint business”, the oneworld

alliance, and a business-class levels of service

Myself (AAdvantage EXP/oneworld Emerald, ticket 001 6465 3), my wife (AAdvantage

Gold/oneworld Ruby, ticket 001 6471 2), our 9-year old son (AAdvantage Gold/oneworld Ruby,

ticket 001 6469 30) and my 82-year old mother (ticket 001 6473 4) held confirmed

business class reservations on the flights (see attachments). All tickets were purchased by me (Master Card

ending in 5686).

These reservations were kindly made by American Airlines personnel at 14:58 (Pacific Time) when it was

determined that a flight we were booked on would be severely delayed due to the diversion of the inbound aircraft.

This was 5 hours and 47 minutes before the departure of the BA flight. We approached BA’s check-in counters at

LAX about 3 hours prior to departure.

Our treatment at the airport was beyond reprehensible.

The check-in manager, Mr. Vincent Calhoun, never ceased to treat us as an annoyance and to repeatedly blame

others, while never, ever taking ownership of a British Airways error of (apparently) overbooking its flight. He was

at times belligerent, always defensive, never empathetic and always treating us with contempt.

Mr. Calhoun never accepted us for travel; indeed after my protestations, British Airways accepted us only as

standby, even though we were obviously holding valid tickets (“contract for carriage”) with valid reservations

(segment status “HK”).

Furthermore, he instructed the staff not to accept our baggage and have us wait in the check-in hall, where there

is no seating and only walls to lean on,) as opposed to the business class lounge. While bad enough on its own

right, given that one of the passenger was my 82-year old mother on a paid business class ticket, this was

utterly disrespectful and contemptuous. He ultimately relented, but not after having to remind him once again of

our having a valid and confirmed contract of carriage for the flight.

While I can understand the self-inflicted situation that British Airways found itself in, it is totally unjustifiable for

any employee, especially one in a managerial supervisory role, to threat a customer as if he were to blame for it.

Appendix page 7 Public version
To our knowledge no attempt was made to solicit for volunteers as required by U.S. 14 CFR §250.2(b), and by

initially refusing us for check-in (and later only as “standby”) the British Airways check-in agent and Mr. Calhoun

de facto classified us as “volunteers” against our will. Mr. Calhoun furthermore outright and wilfully violated

regulation EC261/2004, which both requires the airline to inform us of our rights (Art. 14) and obliges the

operating carrier to compensate the customer for an involuntary downgrade (Art. 10), in addition to what is due

under the contract of carriage and U.S. 14 CFR §250.6(c). When, after never volunteering such rights, I directly

queried him about compensation due, Mr. Calhoun blamed American Airlines and told me to contact them; at no

point did he, or the check-in agent, ever informed any of us of our rights under EC261/2004 or offered the

compensation due by the operating carrier under its Art. 10.

While Mr. Calhoun exacerbated the situation, we also found the initial treatment by the check-in agent quite rude

as well: after receiving our passports and my oneworld Emerald card, she typed away for an estimated 10

minutes in length not once giving us an update or saying anything. She finally told us she needed to talk to the

manager and took our passports without asking for our permission out of sight. She was gone for an additional

10+ minutes, never coming out to give us an update.

We did not receive seats until the gate, at which point we were given the option to take a double class downgrade

to economy on this 10 hour flight (not a one class downgrade to economy plus), or we would be left behind.

Having checked hotel availability in the greater Los Angeles area, I already knew that none were available (a

combination of Valentine Day’s Friday and bad weather in the U.S. West Coast). We involuntarily agreed.

The whole way my family and I were treated, given we had confirmed ticketed reservations, was unforgivable. The

facts (denied check-in, denied bag check-in, double class downgrade) are bad enough, but the contempt by

which we were treated and the lack of emotional intelligence displayed amplified it. Mr. Calhoun, instead of

diffusing the situation, exacerbated it at every interaction.

Dear Mr. Clark, I would appreciate if you could have someone look into this incident. In particular, I am interested

in knowing what are British Airways policies and procedures as it concerns the acceptance of ticketed

passengers holding confirmed reservations, their involuntary downgrade, involuntary downgrades beyond a single

class of service, informing of passengers rights under EC261/2004, and what consideration oneworld Emerald

elites are given in the boarding priority rules required by U.S. 14 CFR §250.3.

I would also be interested in your views as to the qualitative treatment my family and I were subjected by your

personnel on the night of 14 February.

Furthermore, I am currently holding tickets and confirmed reservations in business class on future British Airways

flights (BA286/19MAR and BA1/26MAR); what assurances can you give me that nothing like this will ever happen

again? Who should I call if I encounter a person like Mr. Calhoun again?

Needless to say, this incident has acutely shaken my faith in British Airways.

I look forward to your detailed reply..

Most sincerely,

Mike Borsetti

oneword Emerald AA

-- 

Best,

Mike

BA268-14FEB14 2-class downgrade boarding passes and confirmed tickets.pdf

908K

Appendix page 8 Public version
Mike Borsetti <mike@borsetti.com>

(no subject)

@ba.com <steve.clark@ba.com> 25 February 2014 06:35

To: Mike Borsetti <mike@borsetti.com>

Cc: " @ba.com" << @ba.com>, /CANADA/BRITISHAIRWAYS/GB,

/USA/BRITISHAIRWAYS/GB

Hi Mr. Borsetti.

Thank you very much for writing to me concerning your recent experience in

Los Angeles. I will look into this matter and get back to you as soon as

possible.

Best regards,

Steve Clark

Senior Vice President

Customer Service & Operations

North America and Asia Pacific

 Office

 Mobile

@ba.com

 - Business Executive

 Mike Borsetti

 <mike@borsetti.co

 m> To

 " @ba.com"

 02/25/2014 06:28 < @ba.com>

 AM cc

 " @ba.com"

 < @ba.com>

 Subject

[Quoted text hidden]

(See attached file: BA268-14FEB14 2-class downgrade boarding passes and

confirmed tickets.pdf)

--

This message is private and confidential and may also be legally privileged. If you have received this message in

error, please email it back to the sender and immediately permanently delete it from your computer system. 

Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where permitted by law, for the

purposes of security and staff training and in order to prevent or detect unauthorised use of the British Airways

email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

Appendix page 9 Public version
British Airways Plc is a public limited company registered in England and Wales. Registered number: 1777777. 

Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

BA268-14FEB14 2-class downgrade boarding passes and confirmed tickets.pdf

908K

Appendix page 10 Public version
Aviation Consumer Protection and Enforcement 

US Department of Transportation 

Via webform: http://airconsumer.ost.dot.gov/escomplaint/es.cfm

Dear Sirs: 

I would like to request an investigation on British Airways’ multiple violations of U.S. 14 

CFR §250 for flight BA 268 (also sold as AA6179, AY5458 and IB4662) at LAX on 14 

February 2014. 

Myself (ticket 001 6465 3), my wife (ticket 001 6471 2), our 9-year 

old son (ticket 001 6469 30) and my 82-year old mother 

(ticket 001 6473 4) held ticketed and confirmed business class reservations on the 

flight. 

These reservations were confirmed (GDS segment status “HK”) at 14:58 (Pacific Time), 5 

hours and 47 minutes before the departure of the BA flight. We approached BA’s checkin counters at LAX about 3 hours prior to departure. 

At the counter, we were asked to wait for a total of over 15-20 minutes, after which we 

were refused check-in: the reason given was that British Airways had confirmed too many 

reservations1.

We were never asked if we wanted to volunteer as per 14 CFR §250.2b – British Airways 

flat-out refused to accept us, and only after great insistence we were given passes as unconfirmed (standby) passengers, with our bags clearly affixed with large orange “standby” 

tags. 

British Airways repeatedly refused to confirm us for the flight and never did. It was clear 

to us that besides the violation of 14 CFR 250.2b, the boarding priority rules applied to that 

flight most likely did not comply with 14 CFR 250.3’s requirement that they “shall not 

make, give, or cause any undue or unreasonable preference or advantage to any particular 

1

 While I understand that many airlines practice “oversales”, this is not a requirement of a profitable airline 

business model: indeed, according to Business Week of 5 February 2014, JetBlue is the second most profitable airline in the US and does not oversell. 

Appendix page 11 Public version
person or subject any particular person to any unjust or unreasonable prejudice or disadvantage in any respect whatsoever.” as we were unreasonably disadvantaged from the beginning. 

At the gate we were subjected to an involuntary double-class downgrade [from the ticketed 

business class (J) to economy plus (W), then further from economy plus (W) to economy 

(Y/M)] on this 10+ hour long flight. Not only we were never offered any compensation, 

but when I pointedly inquired about it I was told to contact the ticketing carrier, where it is 

abundantly clear that the responsibilities of 14 CFR §250 are the operating carrier’s. 

I request the DOT to investigate this incident of multiple violations of 14 CFR §250 for 

each of the four passengers.

Furthermore, by witnessing other passengers being turned away at check-in, we have reason to believe that British Airways repeatedly and systematically committed other infractions of 14 CFR §250, and as such I strongly suggest that you audit the entire flight, including British Airways’ submittal in Form 251. 

Please do not hesitate in contacting any of us if you require additional information and look 

forward to hearing from you as to the results of your investigation and actions taken. 

Most Sincerely, 

Mike Borsetti 

Encl. tickets and boarding passes 

Appendix page 12 Public version
3/3/2014 borsetti.com Mail - DP2014030001 - (MIKE BORSETTI) CZ0000

https://mail.google.com/mail/ca/u/0/?ui=2&ik=3960d69256&view=pt&q=dot.gov&qs=true&search=query&th=14487fc1b0e22173&siml=14487fc1b0e22173 1/2

Case Num ber: DP2014030001

Consum er Inform ation

Inquirer Type Nam e Address E-m ail Address Office

Phone

Hom e

Phone

Mike Borsetti <mike@borsetti.com>

DP2014030001 - (MIKE BORSETTI) CZ0000

1 message

donna.pilar@dot.gov <donna.pilar@dot.gov> 3 March 2014 04:33

To: MIKE@borsetti.com

Cc: donna.pilar@dot.gov

Case # DP2014030001

Dear Mr. Borsetti,

This responds to your communication regarding British Airways. The U.S. Department of Transportation seeks to

ensure that all airline passengers are treated fairly. Complaints from consumers are helpful to us in determining

whether the airlines are in compliance with our rules and to track trends or spot areas of concern that warrant

further action. 

Based on the information you have provided, your complaint appears to fall under the Department's rules. I will

forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines

are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive response

to the complainant within 60 days. I will review the airline's response. I am the analyst assigned to your case. If

you need to contact me, my information can be found at the end of this message. When contacting me, please

include your name and case number (see above). I will make every effort to reply to your message within one

business day.

If our review of your complaint and the response from the company discloses a potential violation of our rules, we

may pursue enforcement action. Generally, we pursue enforcement action on the basis of a number of

complaints which may indicate a pattern or practice of violating our rules. Your complaint may be among those

considered and may lead to appropriate enforcement action including the assessment of civil penalties. However,

we have no authority to order compensation for individual complainants.

I have entered your complaint in our computerized industry monitoring system, and it will be counted among the

number of complaints filed against this airline in our monthly Air Travel Consumer Report. This report allows

consumers and air travel companies to compare the complaint records of individual airlines and tour operators.

The data in this report also serve as a basis for rulemaking, legislation and research. Consumer information for air

travelers, including the Air Travel Consumer Report and our pamphlet Fly-Rights, a Consumer's Guide to Air

Travel, can be found on our website: www.dot.gov/airconsumer. Thank you for taking the time to contact us. 

Sincerely,

Donna Pilar

Aviation Industry Analyst

Aviation Consumer Protection Division

Office of Aviation Enforcement and Proceedings

(202)366-5945

donna.pilar@dot.gov

Appendix page 13 Public version
3/3/2014 borsetti.com Mail - DP2014030001 - (MIKE BORSETTI) CZ0000

https://mail.google.com/mail/ca/u/0/?ui=2&ik=3960d69256&view=pt&q=dot.gov&qs=true&search=query&th=14487fc1b0e22173&siml=14487fc1b0e22173 2/2

AA MIKE

BORSETTI 

SAN

FRANCISCO CA

MIKE@BORSETTI.COM

415-

Com plaints Inform ation

Com plaint Code Carrier Nam e Flight Date Flight Itinerary

CZ0000 BRITISH

AIRWAYS 02/14/2014 BA268 LAXLHR 

Description of Problem /Inquiry

multiple violations of 14 CFR §250 for each of the four passengers (see enclosed letter)

DP2014030001_1_ES.pdf

980K

Appendix page 14 Public version
Mike Borsetti <mike@borsetti.com>

(no subject)

@ba.com <s @ba.com> 4 March 2014 08:47

To: Mike Borsetti <mike@borsetti.com>

Cc: " @ba.com" <k @ba.com>, " @ba.com" <s @ba.com>

Dear Mr. Borsetti,

Please accept my apologies for the inconvenience you had to face during

your trip from LAX.

Someone from our CR team will be in touch with you shortly concerning this

case.

Regards,

Steve Clark

Senior Vice President

Customer Service & Operations

North America and Asia Pacific

 Office

 Mobile

@ba.com

 - Business Executive

 Mike Borsetti

 <mike@borsetti.co

 m> To

 "s @ba.com"

 25/02/2014 06:28 < @ba.com>

 cc

 " @ba.com"

 < @ba.com>

 Subject

[Quoted text hidden]

[attachment "BA268-14FEB14 2-class downgrade boarding passes and confirmed

tickets.pdf" deleted by /USA/BRITISH AIRWAYS/GB]

------------------------------------------------------------------------------------------------------------

Get the best from British Airways at ba.com

http://www.ba.com

[Quoted text hidden]

Appendix page 15 Public version
3/15/2014 borsetti.com Mail - Your Response from BA Customer Relations

https://mail.google.com/mail/u/0/?ui=2&ik=3960d69256&view=pt&q=british%20airways&qs=true&search=query&msg=144b76875214c08c 1/2

Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 12 March 2014 10:47

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your original letter dated 17 February 2014.

Please accept my apologies for the time it has taken to respond back to you.

I am sorry to learn of the difficulties you and your family were caused by the cancellation of your flight with

American Airlines on 14 February 2014 to London.

I realize that American Airlines had rebooked their passengers on our British Airways flight number BA0268,

where it caused a domino effect on our flight, creating an over sale situation in all of our cabins. 

I do understand the inconvenience and frustration you all were caused that evening, especially as you were not

accommodated in the class of service for which you held a ticket. By way of an apology, and as a gesture of

goodwill I am able to offer each of the four of you a check reimbursement of 300.00GBP, equivalent to

500.00USD, or a British Airways future credit in the form of an eVoucher for 650.00USD.

Additionally, I have created a claim, passing your correspondence and travel records to our Refunds department,

requesting they investigate your claim as quickly as possible to refund the fare compensation due. Once they

have advised me of their actions and the amount I will be in touch with you.

Please contact me directly at 800 545 7644 extension 5490, to advise me if your preference is the check

reimbursement or the British Airways future credit.

Again, my apologies for your family's experience and I hope to have this resolved swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

Appendix page 16 Public version
3/15/2014 borsetti.com Mail - Your Response from BA Customer Relations

https://mail.google.com/mail/u/0/?ui=2&ik=3960d69256&view=pt&q=british%20airways&qs=true&search=query&msg=144b76875214c08c 2/2

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

[Quoted text hidden]

Appendix page 17 Public version
Ref.: RD/ 706225053 

Date: March 15, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Miss/ Borsetti/ Mr./ Mr./ Mike Mr. 

Original Ticket Number (s):001- 2758/001- 4028/ 

001- 4030/001- 1000 

Re-issue Ticket Number (s):001- 6473/001- 6471/ 

001- 6469/ 001- 6465 

Dear Mr. Borsetti: 

We are writing in reference to your correspondence requesting a refund for the abovementioned document. Before we can consider your request, we will need the following 

information and/or document(s): 

• Could you please provide us the original ticket (Form of Payment details) as 

refund needs to be processed due downgrade. 

To expedite your claim, we would need the requested information and/or documents 

mailed to the address below. Upon receipt we will be happy to reopen your file and take 

further action. 

Sincerely yours, 

Ms. Rochelle Machado 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

Appendix page 18 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti - North American Refunds Case Reference Number 706225053

1 message

Mike Borsetti <mike@borsetti.com> 15 March 2014 05:46

To: rochelle.machado@ba.com, 12122516753@greenfax.com

15 March 2014

Ms. Rochelle Machado

British Airways 

via email and fax

Re: Case Reference Number 706225053

Dear Ms. Machado,

I am in receipt of your request from 8 hours ago for additional information in regards to the 7-day refund obligation

under Article 10 of regulation EC261/2004, obligation which I reminded British Airways of with my letter of 17

February 2014 (a copy of which I attach).

Enclosed please find the four original tickets (for Form of Payment details) you requested, numbers 001-

2758/ 001- 4028/ 001- 4030/ 001- 0001.

I remind British Airways that interest is due for every day beyond the 7th day it did not fulfill its statutory refund

obligation.

WIth my best regards,

Mike Borsetti

--

This message is private and confidential and may also be legally privileged. If you have received this message in

error, please email it back to the sender and immediately permanently delete it from your computer system.

 Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

Virus checking of emails (including attachments) is the responsibility of the recipient.

---------- Forwarded message ----------

From: <emaildelivery.narfs@ba.com>

Date: 14 March 2014 21:38

Subject: North American Refunds Case Reference Number 706225053

To: mike@borsetti.com

Please see atttachment for correspondence from British Airways. Please do not reply to this email.

--

This message is private and confidential and may also be legally privileged. If you have received this message in

Appendix page 19 Public version
error, please email it back to the sender and immediately permanently delete it from your computer system.

 Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where permitted by law, for the

purposes of security and staff training and in order to prevent or detect unauthorised use of the British Airways

email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered number: 1777777.

 Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

6 attachments

OD_436949.pdf

10K

140217 BA double downgrade EC261-2004.pdf

179K

Electronic ticket receipt, December 06 for BORSETTI MIKE.pdf

12K

Electronic ticket receipt, February 14 for BORSETTI pdf

11K

Electronic ticket receipt, February 14 for BORSETTI CHD.pdf

11K

Ricevuta biglietto elettronico, 26 gennaio per .pdf

12K

Appendix page 20 Public version
Time

Time

18:35

Time

16:10

Terminal

TERMINAL 4

Time

14:45

Terminal

TERMINAL 2

Time

19:15

Terminal

TERMINAL 2

Time

15:30

Terminal

TERMINAL 8

Time

13:20

Terminal

TERMINAL 8

Time

10:00

Terminal

TERMINAL 1

eTicket Receipt

Prepared For

BORSETTI/MIKE

RESERVATION CODE JBLKRG

ISSUE DATE 26Nov2013

TICKET NUMBER 001 0001/02

INVOICE NUMBER

ISSUING AIRLINE AMERICAN AIRLINES

ISSUING AGENT B

ISSUING AGENT LOCATION

IATA NUMBER

CUSTOMER NUMBER

TOUR CODE

FREQUENT FLYER NUMBER AA

Itinerary Details

TRAVEL

DATE AIRLINE DEPARTURE ARRIVAL OTHER NOTES

06Dec13 AMERICAN AIRLINES

AA 199

MILAN MALPENSA,

ITALY

NEW YORK JFK, NY Airline Reservation Code

JBLKRG

Class BUSINESS

Seat Number 03J

Baggage Allowance 3PC

Booking Status

CONFIRMED

Fare Basis I7SALE

Not Valid Before 06 DEC

Not Valid After 06 DEC

06Dec13 AMERICAN AIRLINES

AA 85

NEW YORK JFK, NY SAN FRANCISCO, CA Airline Reservation Code

JBLKRG

Class FIRST

Seat Number 05J

Baggage Allowance 3PC

Booking Status

CONFIRMED

Fare Basis I7SALE

Not Valid Before 06 DEC

Not Valid After 06 DEC

14Feb14 AMERICAN AIRLINES

AA 2456

SAN FRANCISCO, CA LOS ANGELES, CA Airline Reservation Code

JBLKRG

Class FIRST

Seat Number 04E

Baggage Allowance 3PC

Booking Status

CONFIRMED

Fare Basis I7SALE

Not Valid Before 14 FEB

Not Valid After 14 FEB

14Feb14

 - 15Feb14

AMERICAN AIRLINES

AA 136

LOS ANGELES, CA LONDON HEATHROW,

UNITED KINGDOM

Airline Reservation Code

JBLKRG

Class BUSINESS

Seat Number 03G

Baggage Allowance 3PC

Appendix page 21 Public version
Time

17:55 Time

14:55

Terminal

TERMINAL 5

13:15

Terminal

TERMINAL 3

Terminal

TERMINAL 4

Booking Status

CONFIRMED

Fare Basis I7SALE

Not Valid Before 14 FEB

Not Valid After 14 FEB

15Feb14 BRITISH AIRWAYS

BA 568

LONDON HEATHROW,

UNITED KINGDOM

MILAN LINATE, ITALY Airline Reservation Code

5YWQVT

Class CLUB EX IN UK

Seat Number 06A

Baggage Allowance 3PC

Booking Status

CONFIRMED

Fare Basis I7SALE

Not Valid Before 15 FEB

Not Valid After 15 FEB

Allowances

Baggage Allowance

MXP to SFO - 3 Pieces AMERICAN AIRLINES , each piece up to 70 pounds/32kilograms and up to 62 linear

inches/158 linear centimeters

SFO to LIN - 3 Pieces AMERICAN AIRLINES , each piece up to 70 pounds/32kilograms and up to 62 linear inches/158

linear centimeters

ADDITIONAL ALLOWANCES AND/OR DISCOUNTS MAY APPLY DEPENDING ON FLYER-SPECIFIC FACTORS

/E.G. FREQUENT FLYER STATUS/MILITARY/ CREDIT CARDFORM OF PAYMENT/EARLY PURCHASE OVER

INTERNET,ETC

Carry On Allowances

MXP to JFK , JFK to SFO , SFO to LAX , LAX to LHR - 2 Pieces (AA - AMERICAN AIRLINES)

1 Piece up to 45 linear inches/115 linear centimeters

1 Piece up to 36 linear inches/92 linear centimeters

LHR to LIN - 1 Piece (BA - BRITISH AIRWAYS)

1 Piece up to 40 linear inches/101 linear centimeters

1 Piece up to 50 pounds/23 kilograms and up to 50 pounds/127 linearcentimeters

Carry On Charges

LHR to LIN - (BA - BRITISH AIRWAYS) - Carry-on fees unknown - contact carrier

Embargoes - Apply To Each Passenger

MXP to JFK , LAX to LHR - (AA - AMERICAN AIRLINES)

pet in cabin not permitted

over 100 pounds/45 kilograms not permitted

JFK to SFO , SFO to LAX - (AA - AMERICAN AIRLINES)

over 100 pounds/45 kilograms not permitted

LHR to LIN - (BA - BRITISH AIRWAYS)

pet in hold not permitted

pet in cabin not permitted

sporting equipment/javelin not permitted

sporting equipment/pole vault equipment not permitted

sporting equipment/canoe/kayak not permitted

sporting equipment/hang gliding equipment not permitted

sporting equipment/windsurf equipment not permitted

Payment/Fare Details

Appendix page 22 Public version
Form of Payment CREDIT CARD - MASTERCARD : XXXXXXXXXXXX 5686

Endorsement / Restrictions NONREF/RESTRICTIONS APPLY

Fare Calculation Line MIL AA X/NYC AA SFO M1061.40AA X/LAX AA X/LON BA

MIL M1061.40NUC2122.80END ROE0.758432

XT5.50YC7.00

XY5.00XA7.50AY1.40EX21.30IT3.40VT8.80HB1.60MJ34.20

UB 13.50XFJFK4.5SFO4.5LAX4.5

Fare EUR 1,610.00

Equivalent Amount Paid USD 2,175.00

Taxes/Fees/Carrier-Imposed Charges USD 459.20 YR (INSURANCE / FUEL CHARGES)

USD 34.40 US (US DOMESTIC TRANSPORTATION TAX)

USD 109.20 XT (COMBINED

TAXES/FEES/CARRIER-IMPOSED CHARGES)

Total Fare USD 2,777.80

Positive identification required for airport check in

Notice:

Carriage and other service provided by the carrier are subject to conditions of carriage, which are hereby

incorporated by reference. These conditions may be obtained from the issuing carrier.

Important Legal Notices

Appendix page 23 Public version
Time

13:15

Terminal

TERMINAL 8

Time

10:00

Terminal

Time

18:50 Time

15:50

Terminal

TERMINAL 5

Operated by:

BRITISH AIRWAYS

Time

13:15

Terminal

TERMINAL 3

Time

18:35

Terminal

TERMINAL 4

Time

15:45

Terminal

TERMINAL 4

Time

14:20

Terminal

TERMINAL 2

eTicket Receipt

Prepared For

BORSETTI/

RESERVATION CODE

TICKET NUMBER 001 4028/29

INVOICE NUMBER

ISSUING AIRLINE AMERICAN AIRLINES

ISSUING AGENT

ISSUING AGENT LOCATION

IATA NUMBER

CUSTOMER NUMBER

TOUR CODE

FREQUENT FLYER NUMBER AA

Itinerary Details

TRAVEL

DATE AIRLINE DEPARTURE ARRIVAL OTHER NOTES

14Feb14 AMERICAN AIRLINES

AA 1931

SAN FRANCISCO, CA LOS ANGELES, CA Airline Reservation Code

Class ECONOMY

Seat Number 09C

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NA

Not Valid Before 14 FEB

Not Valid After 14 FEB

14Feb14

 - 15Feb14

AMERICAN AIRLINES

AA 136

LOS ANGELES, CA LONDON HEATHROW,

UNITED KINGDOM

Airline Reservation Code

Class ECONOMY

Seat Number 17A

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NA

Not Valid Before 14 FEB

Not Valid After 14 FEB

15Feb14 AMERICAN AIRLINES

AA 6263

LONDON HEATHROW,

UNITED KINGDOM

MILAN LINATE, ITALY Airline Reservation Code

Class ECONOMY

Seat Number 08D

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NA

Not Valid Before 15 FEB

Not Valid After 15 FEB

25Feb14 AMERICAN AIRLINES

AA 199

MILAN MALPENSA,

ITALY

NEW YORK JFK, NY Airline Reservation Code

Class ECONOMY

Seat Number 12H

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis VLXE2NA

Not Valid Before 25 FEB

Appendix page 24 Public version
Time

19:00

Terminal

TERMINAL 2

Time

15:30

Terminal

TERMINAL 8

TERMINAL 1

1. 

1. 

Not Valid After 25 FEB

25Feb14 AMERICAN AIRLINES

AA 85

NEW YORK JFK, NY SAN FRANCISCO, CA Airline Reservation Code

Class ECONOMY

Seat Number 12H

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis VLXE2NA

Not Valid Before 25 FEB

Not Valid After 25 FEB

Baggage Allowance

SFO to LIN - 1 Piece AMERICAN AIRLINES, each piece up to 50 pounds/23kilograms and up to 62 linear inches/158

linear centimeters

Prices of additional baggage pieces:

60.00 USD up to 50 pounds/23 kilograms and up to 62 linear inches/158 linear centimeters**

MXP to SFO - 1 Piece AMERICAN AIRLINES, each piece up to 50 pounds/23kilograms and up to 62 linear inches/158

linear centimeters

Prices of additional baggage pieces:

60.00 USD up to 50 pounds/23 kilograms and up to 62 linear inches/158 linear centimeters**

ADDITIONAL ALLOWANCES AND/OR DISCOUNTS MAY APPLY DEPENDING ON FLYER-SPECIFIC FACTORS

/E.G. FREQUENT FLYER STATUS/MILITARY/ CREDIT CARDFORM OF PAYMENT/EARLY PURCHASE OVER

INTERNET,ETC

Payment/Fare Details

Form of Payment CREDIT CARD - MASTERCARD : XXXXXXXXXXXX

5686

Endorsement / Restrictions NON REF/RESTRICTIONS APPLY

Fare Calculation Line SFO AA X/LAX AA*AT*X/LON AA MIL

M337.50NLWE2NA AA* AT*X/NYC AA SFO

M387.50VLXE2NA NUC725.00 END ROE1.00

XT5.50YC7.00XY5.00XA7.50AY32.20UB1.30

EX20.30IT3.30VT5.80HB1.50MJ 13.50XFSFO4.5LAX4.5

JFK4.5

Fare USD 725.00

Taxes/Fees/Carrier-Imposed Charges USD 516.00 YR (INSURANCE / FUEL CHARGES)

USD 34.40 US (US DOMESTIC TRANSPORTATION

TAX)

USD 102.90 XT (COMBINED TAXES)

Total Fare USD 1,378.30

Positive identification required for airport check in

Notice:

Appendix page 25 Public version
Carriage and other service provided by the carrier are subject to conditions of carriage, which are hereby

incorporated by reference. These conditions may be obtained from the issuing carrier.

Important Legal Notices

Appendix page 26 Public version
Time

13:15

Terminal

TERMINAL 8

Time

10:00

Terminal

Time

18:50 Time

15:50

Terminal

TERMINAL 5

Operated by:

BRITISH AIRWAYS

Time

13:15

Terminal

TERMINAL 3

Time

18:35

Terminal

TERMINAL 4

Time

15:45

Terminal

TERMINAL 4

Time

14:20

Terminal

TERMINAL 2

eTicket Receipt

Prepared For

BORSETTI/ CHD

RESERVATION CODE

ISSUE DATE 02Apr2013

TICKET NUMBER 001 4030/31

INVOICE NUMBER

ISSUING AIRLINE AMERICAN AIRLINES

ISSUING AGENT

ISSUING AGENT LOCATION

IATA NUMBER

CUSTOMER NUMBER

TOUR CODE

FREQUENT FLYER NUMBER AA

Itinerary Details

TRAVEL

DATE AIRLINE DEPARTURE ARRIVAL OTHER NOTES

14Feb14 AMERICAN AIRLINES

AA 1931

SAN FRANCISCO, CA LOS ANGELES, CA Airline Reservation Code

Class ECONOMY

Seat Number 09A

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NACH

Not Valid Before 14 FEB

Not Valid After 14 FEB

14Feb14

 - 15Feb14

AMERICAN AIRLINES

AA 136

LOS ANGELES, CA LONDON HEATHROW,

UNITED KINGDOM

Airline Reservation Code

Class ECONOMY

Seat Number 17C

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NACH

Not Valid Before 14 FEB

Not Valid After 14 FEB

15Feb14 AMERICAN AIRLINES

AA 6263

LONDON HEATHROW,

UNITED KINGDOM

MILAN LINATE, ITALY Airline Reservation Code

Class ECONOMY

Seat Number 08F

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis NLWE2NACH

Not Valid Before 15 FEB

Not Valid After 15 FEB

25Feb14 AMERICAN AIRLINES

AA 199

MILAN MALPENSA,

ITALY

NEW YORK JFK, NY Airline Reservation Code

Class ECONOMY

Seat Number 12J

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis VLXE2NACH

Not Valid Before 25 FEB

Appendix page 27 Public version
Time

19:00

Terminal

TERMINAL 2

Time

15:30

Terminal

TERMINAL 8

TERMINAL 1

1. 

1. 

Not Valid After 25 FEB

25Feb14 AMERICAN AIRLINES

AA 85

NEW YORK JFK, NY SAN FRANCISCO, CA Airline Reservation Code

Class ECONOMY

Seat Number 12J

Baggage Allowance 1PC

Booking Status CONFIRMED

Fare Basis VLXE2NACH

Not Valid Before 25 FEB

Not Valid After 25 FEB

Baggage Allowance

SFO to LIN - 1 Piece AMERICAN AIRLINES, each piece up to 50 pounds/23kilograms and up to 62 linear inches/158

linear centimeters

Prices of additional baggage pieces:

60.00 USD up to 50 pounds/23 kilograms and up to 62 linear inches/158 linear centimeters**

MXP to SFO - 1 Piece AMERICAN AIRLINES, each piece up to 50 pounds/23kilograms and up to 62 linear inches/158

linear centimeters

Prices of additional baggage pieces:

60.00 USD up to 50 pounds/23 kilograms and up to 62 linear inches/158 linear centimeters**

ADDITIONAL ALLOWANCES AND/OR DISCOUNTS MAY APPLY DEPENDING ON FLYER-SPECIFIC FACTORS

/E.G. FREQUENT FLYER STATUS/MILITARY/ CREDIT CARDFORM OF PAYMENT/EARLY PURCHASE OVER

INTERNET,ETC

Payment/Fare Details

Form of Payment CREDIT CARD - MASTERCARD : XXXXXXXXXXXX

5686

Endorsement / Restrictions NON REF/RESTRICTIONS APPLY

Fare Calculation Line SFO AA X/LAX AA*AT*X/LON AA MIL

M253.12NLWE2NACH AA*AT*X/NYC AA

SFOM290.62VLXE2NACH NUC543.74 END ROE1.00

XT5.50YC7.00XY5.00XA7.50AY32.20UB1.30

EX10.10IT3.30VT5.80HB1.50MJ 13.50XFSFO4.5LAX4.5

JFK4.5

Fare USD 544.00

Taxes/Fees/Carrier-Imposed Charges USD 516.00 YR (INSURANCE / FUEL CHARGES)

USD 34.40 US (US DOMESTIC TRANSPORTATION

TAX)

USD 92.70 XT (COMBINED TAXES)

Total Fare USD 1,187.10

Positive identification required for airport check in

Notice:

Appendix page 28 Public version
Carriage and other service provided by the carrier are subject to conditions of carriage, which are hereby

incorporated by reference. These conditions may be obtained from the issuing carrier.

Important Legal Notices

Appendix page 29 Public version
Ora

Ora

16:10

Terminal

TERMINAL 4

Ora

14:45

Terminal

TERMINAL 2

Ora

19:15

Terminal

TERMINAL 2

Ora

15:30

Terminal

TERMINAL 8

Ora

13:20

Terminal

TERMINAL 8

Ora

10:00

Terminal

TERMINAL 1

Ricevuta del biglietto elettronico

Organizzato per

CODICE PRENOTAZIONE

DATA DI EMISSIONE BIGLIETTO 13set2013

NUMERO BIGLIETTO 001 2758/59

NUMERO FATTURA

COMPAGNIA AEREA EMITTENTE AMERICAN AIRLINES

AGENZIA EMITTENTE

LOCALITÀ DELL'AGENZIA EMITTENTE

NUMERO IATA

CODICE CLIENTE

CODICE TOUR

Dettagli Dell'itinerario

DATA DI

VIAGGIO COMPAGNIA AEREA PARTENZA ARRIVO NOTE

26gen14 AMERICAN AIRLINES

AA 199

MILAN MALPENSA,

ITALY

NEW YORK JFK, NY Codice di prenotazione della

compagnia aerea

Classe SCONTO

BUSINESS

Numero posto 03H

Bagaglio consentito 3PC

Stato prenotazione

CONFERMATO

Base tariffaria I7SALE

Non valido prima del 26

GEN

Non valido dopo il 26 GEN

26gen14 AMERICAN AIRLINES

AA 85

NEW YORK JFK, NY SAN FRANCISCO, CA Codice di prenotazione della

compagnia aerea

Classe PRIMA

Numero posto 04H

Bagaglio consentito 3PC

Stato prenotazione

CONFERMATO

Base tariffaria I7SALE

Non valido prima del 26

GEN

Non valido dopo il 26 GEN

14feb14 AMERICAN AIRLINES

AA 2456

SAN FRANCISCO, CA LOS ANGELES, CA Codice di prenotazione della

compagnia aerea

Classe PRIMA

Numero posto 04F

Bagaglio consentito 3PC

Stato prenotazione

CONFERMATO

Base tariffaria I7SALE

Non valido prima del 14 FEB

Non valido dopo il 14 FEB

14feb14

 - 15feb14

AMERICAN AIRLINES

AA 136

LOS ANGELES, CA LONDON HEATHROW,

UNITED KINGDOM

Codice di prenotazione della

compagnia aerea

Classe SCONTO

BUSINESS

Appendix page 30 Public version
Ora

Ora 17:55

14:55

Terminal

TERMINAL 5

Ora

13:15

Terminal

TERMINAL 3

18:35

Terminal

TERMINAL 4

Numero posto 03D

Bagaglio consentito 3PC

Stato prenotazione

CONFERMATO

Base tariffaria I7SALE

Non valido prima del 14 FEB

Non valido dopo il 14 FEB

15feb14 BRITISH AIRWAYS

BA 568

LONDON HEATHROW,

UNITED KINGDOM

MILAN LINATE, ITALY Codice di prenotazione della

compagnia aerea

Classe BUSINESS

Numero posto 03C

Bagaglio consentito 3PC

Stato prenotazione

CONFERMATO

Base tariffaria I7SALE

Non valido prima del 15 FEB

Non valido dopo il 15 FEB

Franchigie

Franchigia Bagaglio

MXP a SFO - 3 Colli AMERICAN AIRLINES , each piece up to 70 pounds/32kilograms and up to 62 linear inches/158

linear centimeters

SFO a LIN - 3 Colli AMERICAN AIRLINES , each piece up to 70 pounds/32kilograms and up to 62 linear inches/158

linear centimeters

POSSONO ESSERE APPLICABILI ULTERIORI FRANCHIGIE BAGAGLIO E/O SCONTI A SECONDA DALLO

STATUS DI FREQUENT FLYER/MILITARE/ CARTA DI CREDITO/ AQUISTO ANTICIPATO ONLINE ECC.

Franchigie Per Il Bagaglio In Cabina

MXP a JFK , JFK a SFO , SFO a LAX , LAX a LHR - 2 Colli (AA - AMERICAN AIRLINES)

1 Collo up to 45 linear inches/115 linear centimeters

1 Collo up to 36 linear inches/92 linear centimeters

LHR a LIN - 1 Collo (BA - BRITISH AIRWAYS)

1 Collo up to 40 linear inches/101 linear centimeters

1 Collo up to 50 pounds/23 kilograms and up to 50 pounds/127 linearcentimeters

Addebiti Per Il Bagaglio In Cabina

LHR a LIN - (BA - BRITISH AIRWAYS) - Informazioni sulle quote per il bagaglio in cabina sconosciute - contattare la

compagnia aerea

Embarghi - Sono Applicabili A Ogni Passeggero

MXP a JFK , LAX a LHR - (AA - AMERICAN AIRLINES)

pet in cabin not permitted

over 100 pounds/45 kilograms not permitted

JFK a SFO , SFO a LAX - (AA - AMERICAN AIRLINES)

over 100 pounds/45 kilograms not permitted

LHR a LIN - (BA - BRITISH AIRWAYS)

pet in hold not permitted

pet in cabin not permitted

sporting equipment/javelin not permitted

sporting equipment/pole vault equipment not permitted

sporting equipment/canoe/kayak not permitted

sporting equipment/hang gliding equipment not permitted

sporting equipment/windsurf equipment not permitted

Appendix page 31 Public version
Dettagli Pagamento

Modalità di pagamento CARTA DI CREDITO - MASTERCARD : XXXXXXXXXXXX

5686

Convalida/Restrizioni NONREF/RESTRICTIONS APPLY

Riga di calcolo tariffa MIL AA X/NYC AA SFO M1084.72AA X/LAX AA X/LON BA

MIL M1084.72NUC2169.44END ROE0.760562

XT5.50YC7.00

XY5.00XA7.50AY1.30EX20.90IT3.40VT8.60HB1.60MJ33.30

UB 13.50XFJFK4.5SFO4.5LAX4.5

Tariffa EUR 1.650,00

Importo equivalente saldato USD 2.187,00

Tasse / quote / addebiti USD 450,60 YR (ASSICURAZIONE/TASSE

CARBURANTE)

USD 34,40 US (TASSA DI TRASPORTO USA)

USD 107,60 XT (TASSE CUMULATIVE)

Tariffa totale USD 2.779,60

Obbligatorio documento d'identità al check-in in aeroporto

Avviso:

Il trasporto e altri servizi forniti dal vettore sono soggetti alle condizioni di trasporto, che sono qui

incorporate quale riferimento. Queste condizioni possono essere richieste al vettore emittente.

Importanti avvisi legali

Appendix page 32 Public version
3/15/2014 borsetti.com Mail - Fax delivered to 12122516753

https://mail.google.com/mail/u/0/?ui=2&ik=3960d69256&view=pt&search=inbox&th=144c5cbae4558df3 1/1

Mike Borsetti <mike@borsetti.com>

Fax delivered to 12122516753

1 message

GreenFax <bounce@greenfax.com> 15 March 2014 05:51

To: mike@borsetti.com

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

Time Stamp: Sat Mar 15 08:51:03 EDT 2014

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Appendix page 33 Public version
Ref.: RD/ 706225053 

Date: March 19, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Miss/ Borsetti/ Mr./ Mr./ Mike Mr. 

Original Ticket Number (s):001- 2758/001- 4028/ 

001- 4030/001- 1000 

Re-issue Ticket Number (s):001- 6473/001- 6471/ 

001- 6469/ 001- 6465 

Dear Mr. Borsetti: 

We are writing in reference to your correspondence requesting a refund. Before we can 

consider your request, we will need the following information: 

• Full Credit Card Number to process refund due downgrade 

 

Please send the requested information and/or document(s) to my attention at the address 

below as soon as possible. We look forward to hearing from you so we may expedite 

your claim. 

Sincerely yours, 

Ms.Jayalaxmi Koliar 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

Appendix page 34 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti North American Refunds Case Reference Number 706225053

1 message

Mike Borsetti <mike@borsetti.com> 20 March 2014 15:42

To: jayalaxmi.koliar@ba.com, 12122516753@greenfax.com

Ref.: RD/ 706225053

Dear Ms. Koliar,

I am in receipt of your communication of 19 March.

Could you be so kind as to confirm that the amount matches the one of my letter of 17 February, and, if not,

provide justification and full and detailed accounting and calculations to support it?

Most Sincerely,

Mike Borsetti

---------- Forwarded message ----------

From: <emaildelivery.narfs@ba.com>

Date: 19 March 2014 12:28

Subject: North American Refunds Case Reference Number 706225053

To: mike@borsetti.com

Please see atttachment for correspondence from British Airways. Please do not reply to this email.

--

This message is private and confidential and may also be legally privileged. If you have received this message in

error, please email it back to the sender and immediately permanently delete it from your computer system.

 Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where permitted by law, for the

purposes of security and staff training and in order to prevent or detect unauthorised use of the British Airways

email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered number: 1777777.

 Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 35 Public version
Mike Borsetti <mike@borsetti.com>

Fax delivered to 12122516753

1 message

GreenFax <bounce@greenfax.com> 20 March 2014 15:45

To: mike@borsetti.com

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

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Appendix page 36 Public version
Ref.: RD/ 706225053 

Date: March 23, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Miss/ Borsetti/ Mr./ Mr./ Mike Mr. 

Original Ticket Number (s):001- 2758/001- 4028/ 

001- 4030/001- 1000 

Re-issue Ticket Number (s):001-2 6473/001- 6471/ 

001- 6469/ 001- 6465 

Dear Mr. Borsetti: 

We are writing in reference to your correspondence requesting a refund. Before we can 

consider your request, we will need the following information: 

• Original Coupons in order to determine the downgrade. 

 

Please send the requested information and/or document(s) to my attention at the address 

below as soon as possible. We look forward to hearing from you so we may expedite 

your claim. 

Sincerely yours, 

Ms. Nikita Pereira 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

Appendix page 37 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti North American Refunds Case Reference Number 706225053

1 message

Mike Borsetti <mike@borsetti.com> 23 March 2014 06:15

To: "nikita.pereira@ba.com" <nikita.pereira@ba.com>, 12122516753@greenfax.com

Your Ref.: RD/ 706225053

Dear Ms. Pereira,

I am in receipt of your form correspondence dated 23 March 2014, the third from British Airways, this one

requesting "Original Coupons in order to determine the downgrade".

I have no such thing. 

All documentation in my possession was sent to British Airways upon request of Ms. Rochelle Machado (same

case number) as follows:

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

Time Stamp: Sat Mar 15 08:51:03 EDT 2014

Destination: 12122516753 (USA / Canada)

Pages: 17

Duration: 176 seconds

Cost: $0.87

The information in your possession already has the cost of the ticket, from which the "75% of the price of the

ticket" due within 7 day under Article 10 of Regulation EC621/2004 is easily computed, and therefore I do not

understand your request. However, should you require documentation I do not have, I am sure that your antitrustimmunized, Joint Business Agreement signatory, and oneworld alliance partner American Airlines who issued the

ticket will be more that forthcoming in providing it to you.

Sincerely,

Mike Borsetti

---------- Forwarded message ----------

From: <emaildelivery.narfs@ba.com>

Date: Sunday, 23 March 2014

Subject: North American Refunds Case Reference Number 706225053

To: mike@borsetti.com

Please see atttachment for correspondence from British Airways. Please do not reply to this email.

--

This message is private and confidential and may also be legally privileged. If you have received this message in

error, please email it back to the sender and immediately permanently delete it from your computer system.

 Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

Appendix page 38 Public version
British Airways may monitor email traffic data and also the content of emails, where permitted by law, for the

purposes of security and staff training and in order to prevent or detect unauthorised use of the British Airways

email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered number: 1777777.

 Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

-- 

Best,

Mike

Appendix page 39 Public version
Mike Borsetti <mike@borsetti.com>

Fax delivered to 12122516753

1 message

GreenFax <bounce@greenfax.com> 23 March 2014 06:16

To: mike@borsetti.com

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

Time Stamp: Sun Mar 23 09:16:40 EDT 2014

Destination: 12122516753 (USA / Canada)

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Appendix page 40 Public version
Ref.: RD/ 706225053 

Date: March 25, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Borsetti/ Mike Mr./ Ms./ Borsetti/ Mr./ 

 Borsetti/ Mr. 

Original Ticket Number (s): 001 2758/ 4028/ 4030/ 1000 

Exchange Ticket Number (s): 001 6473/ 6471/ 6469/ 

 6465 

Dear Mr. Borsetti: 

We are writing in response to your refund request for above-mentioned documents. 

Please be advised that, in order to process the refund, we need ‘form of payment’ of the 

original ticket. Kindly send us the following: 

• Copy of Original Ticket - 001 0001. 

• Form of Payment used to purchase the original ticket. 

British Airways assures you of our best attention at all times. 

Yours sincerely, 

Mr. Yashwant Mestry 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

Appendix page 41 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti North American Refunds Case Reference Number 706225053

Mike Borsetti <mike@borsetti.com> 25 March 2014 01:20

To: yashwant.mestry@ba.com, 12122516753@greenfax.com

Cc: george.chandler@ba.com

Your Ref.: RD/ 706225053

Dear Ms. Mestri:

I have received your letter, the fourth from British Airways, after the ones by Ms. Machado of 15 March, Ms.

Koliar of 20 March, and Ms. Pereira of 23 March, to which I provided a response.

The case is in regards to the 7-day refund obligation under Article 10 of regulation EC261/2004, obligation which I

reminded British Airways of with my letter of 17 February 2014.

Firstly, I would like to request that this case be handled by a single person, as opposed to a collection of people

who cannot provide continuity in the communications. While I am sure that Ms. Pereira, Ms. Koliar, Ms Machado

and Ms. Mestri are all competent employees, each lack the continuity and understanding of the case to handle it

effectively. Please ask a supervisor to assign a single person to see this through.

Secondly, British Airways appears to be stalling in the processing of this claim. The letter of 23 March asked me

for information that is not in my possession, while this latest letter, dated 25 March, is asking me for the copy of

the ticket that was already provided to British Airways on Sat Mar 15 08:51:03 EDT 2014 in response to the

request from the same day.

Finally, I have very clearly requested in my communication of 20 March for confirmation that the amount matches

the one of my letter of 17 February, and, if not, for British Airways to provide justification and full and detailed

accounting and calculations to support your refund.

Such information has not been provided to me; it is only after having the amount confirmed and agreed to that I

am in a position to provide the information requested for the delivery of the credit.

I look forward to dealing on this matter with a single person and having it concluded in a speedy matter.

Best,

Mike Borsetti

cc: Mr. George Chandler. re: Customer Relations Case # 11955129

---------- Forwarded message ----------

From: <emaildelivery.narfs@ba.com>

Date: 25 March 2014 08:47

Subject: North American Refunds Case Reference Number 706225053

To: mike@borsetti.com

Please see atttachment for correspondence from British Airways. Please do not reply to this email.

--

Appendix page 42 Public version
This message is private and confidential and may also be legally privileged. If you have received this message in

error, please email it back to the sender and immediately permanently delete it from your computer system.

 Please do not read, print, re-transmit, store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where permitted by law, for the

purposes of security and staff training and in order to prevent or detect unauthorised use of the British Airways

email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered number: 1777777.

 Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

OD_438339.pdf

12K

Appendix page 43 Public version
Mike Borsetti <mike@borsetti.com>

Fax delivered to 12122516753

1 message

GreenFax <bounce@greenfax.com> 25 March 2014 01:22

To: mike@borsetti.com

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

Time Stamp: Tue Mar 25 04:22:50 EDT 2014

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Appendix page 44 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti North American Refunds Case Reference Number 706225053

yashwant.mestry@ba.com <yashwant.mestry@ba.com> 25 March 2014 01:36

To: Mike Borsetti <mike@borsetti.com>

Dear Mr. Borsetti:

Please be advised that, as per BA policies & standard industry procedures,

refund could be processed to the ORIGINAL FORM OF PAYMENT only used to

purchase the ticket. As we are unable to retrieve the same, we want you to

provide us the same. Kindly provide us the credit card number used to

purchase the ticket, if it was the original form/medium of payment.

Regards,

Mr. Yashwant Mestry

 Mike Borsetti

 <mike@borsetti.co

 m> To

 yashwant.mestry@ba.com

 25/03/2014 13:51 12122516753@greenfax.com

 cc

 george.chandler@ba.com

 Subject

 Borsetti North American Refunds

[Quoted text hidden]

(See attached file: OD_438339.pdf)

[Quoted text hidden]

OD_438339.pdf

12K

Appendix page 45 Public version
Mike Borsetti <mike@borsetti.com>

Borsetti North American Refunds Case Reference Number 706225053

Mike Borsetti <mike@borsetti.com> 25 March 2014 02:23

To: yashwant.mestry@ba.com

Dear Mr. Mestry,

Thank you for your prompt reply, clarification, and taking personal ownership of this case.

I understand this and have no problem with it (it makes a lot of sense); however, I have requested to confirm the

amount that you're refunding before we move forward:

Finally, I have very clearly requested in my communication of 20 March for confirmation that the amount

matches the one of my letter of 17 February, and, if not, for British Airways to provide justification and full and

detailed accounting and calculations to support your refund.

Such information has not been provided to me; it is only after having the amount confirmed and agreed to that I

am in a position to provide the information requested for the delivery of the credit.

Best,

Mike

[Quoted text hidden]

140217 BA double downgrade EC261-2004.pdf

179K

Appendix page 46 Public version
Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 25 March 2014 07:44

To: michele@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your most recent email reply.

I have noted your comments in your most recent correspondence and I am sorry you remain dissatisfied. 

Please accept my apologies for the time it has taken the Refunds department to action your claim. As

mentioned in my past emails dated from 04 March, 12 March, and 17 March, which I have pasted below fro your

reference, the original ticket you had purchased was issued on American Airlines ticket stock and

held restrictions. The Refund department also required additional paperwork from you, where I am pleased to

learn you have sent to them. The refund is not a straightforward process, and I am sorry it has taken longer than

you had anticipated. 

I have followed up with the British Airways Refunds management team, requesting they expedite your claim as

quickly as possible. Once they have advise me of their actions I will be in contact with you. 

I do understand the inconvenience and frustration you all were caused and by way of an apology, and as a

gesture of goodwill, I am able to offer each of the four of you a check reimbursement of 300.00GBP, equivalent to

500.00USD, or a British Airways future credit in the form of an eVoucher for 650.00USD.

Please contact me at your convenience directly at 800 545 7644 extension 5490, to advise me if your preference

is the check reimbursement or the British Airways future credit.

Again, my apologies for your family's experience and I look forward to learning of your preference for

compensation, so I may resolve this swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

*************************

17 March 2014

Appendix page 47 Public version
Dear Mr Borsetti

Thank you for recent email reply.

I have noted your comments in your most recent correspondence and I am sorry you remain dissatisfied. I did

receive the communication that you had originally sent to Mr Clark. 

We take pride in our standards of service, and this certainly includes courteous and helpful staff. The behavior

you describe is unacceptable and I can assure you that it has been addressed.

Please accept my apologies for the time it has taken the Refunds department to action your claim.

 The original ticket you had purchased was issued on American Airlines ticket stock and held restrictions. The

Refund department also required additional paperwork from you, where I am pleased to learn you have sent to

them. The refund is not a straightforward process, and I am sorry it has taken longer than you had anticipated. 

As mentioned in my previous email to you, I do understand the inconvenience and frustration you all were caused

that evening, especially as you were not accommodated in the class of service for which you held a ticket. 

By way of an apology, and as a gesture of goodwill, I am able to offer each of the four of you a check

reimbursement of 300.00GBP, equivalent to 500.00USD, or a British Airways future credit in the form of

an eVoucher for 650.00USD.

Please contact me directly at 800 545 7644 extension 5490, to advise me if your preference is the check

reimbursement or the British Airways future credit.

Again, my apologies for your family's experience and I look forward to learning of your preference for

compensation, so I may resolve this swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

*************************

12 March 2014

Dear Mr Borsetti

Thank you for your original letter dated 17 February 2014.

Please accept my apologies for the time it has taken to respond back to you.

I am sorry to learn of the difficulties you and your family were caused by the cancellation of your flight with

American Airlines on 14 February 2014 to London.

I realize that American Airlines had rebooked their passengers on our British Airways flight number BA0268,

where it caused a domino effect on our flight, creating an over sale situation in all of our cabins. 

I do understand the inconvenience and frustration you all were caused that evening, especially as you were not

accommodated in the class of service for which you held a ticket. By way of an apology, and as a gesture of

goodwill I am able to offer each of the four of you a check reimbursement of 300.00GBP, equivalent to

500.00USD, or a British Airways future credit in the form of an eVoucher for 650.00USD.

Appendix page 48 Public version
Additionally, I have created a claim, passing your correspondence and travel records to our Refunds department,

requesting they investigate your claim as quickly as possible to refund the fare compensation due. Once they

have advised me of their actions and the amount I will be in touch with you.

Please contact me directly at 800 545 7644 extension 5490, to advise me if your preference is the check

reimbursement or the British Airways future credit.

Again, my apologies for your family's experience and I hope to have this resolved swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

*************************

04 March 2014

Dear Mr Borsetti

Thank you for your original letter dated 17 February 2014.

Please accept my apologies for the time it has taken to respond back to you.

I am sorry to learn of the difficulties you and your family were caused by the cancellation of your flight with

American Airlines on 14 February 2014 to London.

I realize that American Airlines had rebooked their passengers on our British Airways flight number BA0268,

where it caused a domino effect on our flight, creating an over sale situation in all of our cabins. 

I do understand the inconvenience and frustration you all were caused that evening, especially as you were not

accommodated in the class of service for which you held a ticket. By way of an apology, and as a gesture of

goodwill I am able to offer each of the four of you a check reimbursement of 300.00GBP, equivalent to

500.00USD, or a British Airways future credit in the form of an eVoucher for 650.00USD.

Additionally, I have created a claim, passing your correspondence and travel records to our Refunds department,

requesting they investigate your claim as quickly as possible to refund the fare compensation due. Once they

have advised me of their actions and the amount I will be in touch with you.

Please contact me directly at 800 545 7644 extension 5490, to advise me if your preference is the check

reimbursement or the British Airways future credit.

Again, my apologies for your family's experience and I hope to have this resolved swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Appendix page 49 Public version
Your case reference is:11955129

*************************

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 50 Public version
Ref.: RD/706225053 

Date: March 27, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Borsetti/ Mike Mr./ Ms./ Borsetti/ Mr./ 

 Borsetti/ Mr. 

Original Ticket Number (s): 001 2758/ 4028/ 4030/ 1000 

Exchange Ticket Number (s): 001 6473/ 6471/ 6469/ 

 6465 

Dear Mr. Borsetti: 

We are writing in response to your refund request for above-mentioned documents. 

We would like to inform you that, as per standard industry procedures, passenger (s) 

involuntarily downgraded (for longer journey) could be refunded 75% of downgraded 

sector value to the original form of payment used to purchase the ticket (s). 

British Airways assures you of our best attention at all times. 

Yours sincerely, 

Mr. Yashwant Mestry 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

Appendix page 51 Public version
Mr. Yashwant Mestry 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

VIA FAX +1 212 251-6753 

Your Ref.: RD/706225053 

Dear Mr. Mestry: 

I am in receipt of your letter of 27 March. 

For the record, I take note that your response was British Airways’ second consecutive 

refusal to provide the exact amount of the refund calculation as requested by me on 20 

March 20141and further requested on 25 March 20142.

I am requesting, for the third time, for British Airways to confirm that amount of the refund 

matches the one of my letter of 17 February, and, if not, for British Airways to provide 

justification and full and detailed accounting and calculations to support a different amount.

The credit card number used for the purchase of the tickets was Master Card 5466 1600 

3242 5686, exp 10/16, in my name. 

I had to wait until I returned to San Francisco as this card was not with me (because the 

issuer replaced its number due to fraud). 

Sincerely, 

cc: Mr. George Chandler, re: Customer Relations Case # 11955129 

1

“Could you be so kind as to confirm that the amount matches the one of my letter of 17 February, and, if 

not, provide justification and full and detailed accounting and calculations to support it?”

2

“Finally, I have very clearly requested in my communication of 20 March for confirmation that the amount 

matches the one of my letter of 17 February, and, if not, for British Air-ways to provide justification and full 

and detailed accounting and calculations to support your refund. 

Appendix page 52 Public version
Mike Borsetti <mike@borsetti.com>

Fax delivered to 12122516753

1 message

GreenFax <bounce@greenfax.com> 5 April 2014 19:58

To: mike@borsetti.com

The fax that you sent to 12122516753 through GreenFax transmitted successfully.

Time Stamp: Sat Apr 5 22:58:34 EDT 2014

Destination: 12122516753 (USA / Canada)

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Appendix page 53 Public version
Ref.: RD/ 706225053 

Date: April 9, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Borsetti/ Mike Mr./ Ms./ Borsetti/ Mr./ 

 Borsetti/ Mr. 

Original Ticket Number (s): 001 2758/ 4028/ 4030/ 1000 

Exchange Ticket Number (s): 001 6473/ 6471/ 6469/ 

 6465 

Dear Mr. Borsetti: 

We are writing in response to your refund request for above-mentioned documents. 

We would like to inform you that, as per standard industry procedures, passenger (s) 

involuntarily downgraded (for longer journey) could be refunded 75% of downgraded 

sector value i.e. USD143.00 for sector LHR-LIN to the original form of payment used to 

purchase the ticket (s). 

British Airways assures you of our best attention at all times. 

Yours sincerely, 

Ms. Nikita Pereira 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

 

Appendix page 54 Public version
Mike Borsetti <mike@borsetti.com>

North American Refunds Case Reference Number 706225053

Mike Borsetti <mike@borsetti.com> 23 April 2014 16:21

To: george.chandler@ba.com

Re: your ref # 11955129

George,

Hope you had a good Easter.

I have returned from Singapore and am able to follow up on the last communication received from BA during my

absence.

I note that:

According to the letter, a 75% of refund for an average USD 2778.70 ticket amounts to USD 143.00

The letter makes reference to a segment (LHR-LIN) that has nothing to do with the complaint and the

exhaustive supporting documentation you received

This communication comes from a fifth, different, employee (after Ms. Machado, Ms. Koliar, Ms. Pereira

and Mr. Mestry)

I look forward to hearing from you; I can be reached at +1 415 Pacific Time (UTC -0700)

Best,

Mike

[Quoted text hidden]

OD_440317.pdf

7K

Appendix page 55 Public version
Call records and automated voicemail transcript from 25 April 2014 

Appendix page 56 Public version
Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 25 April 2014 11:15

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your most recent email reply.

As requested, I did try to reach you this morning at your provided telephone number 415 leaving a

message on your voicemail.

I am sorry for any misunderstanding regarding your claim with British Airways. As mentioned in my previous

email to you dated 25 March 2014, I do understand the inconvenience and frustration you all were caused and

by way of an apology, and as a gesture of goodwill, I am able to offer each of the four of you a check

reimbursement of 300.00GBP, equivalent to 500.00USD, or a British Airways future credit in the form of

an eVoucher for 650.00USD.

Please contact me at your convenience directly at 800 545 7644 extension 5490, to advise me if your preference

is the check reimbursement or the British Airways future credit.

I did followed up with the British Airways Refunds management team, requesting they expedite your claim as

quickly as possible, and they have advised me, they have sent you correspondence that your claim will be

processed shortly.

Again, my apologies for your family's experience and I look forward to learning of your preference for

compensation, so I may resolve this swiftly.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

Appendix page 57 Public version
email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 58 Public version
Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

1 message

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 13 May 2014 11:10

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for taking the time to speak with me this afternoon.

As promised I have passed your comments, including your previous correspondence to the EU Compensation

team in the United Kingdom to investigate your refund claim for USD 8,336.10. Once they have advised me of

their actions I will be in contact with you.

I do hope we can resolve this swiftly for you.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

Appendix page 59 Public version
http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 60 Public version
Mike Borsetti <mike@borsetti.com>

DP2014030001 - (MIKE BORSETTI) CZ0000

Mike Borsetti <mike@borsetti.com> 13 May 2014 11:57

To: donna.pilar@dot.gov

Dear Ms. Pilar,

I am following up on my complaint # DP2014030001 as the 60 day statutory limit for a substantive written

response expired 11 days ago (on 2 May), but I have not received any communications from British Airways.

I would appreciate if you could let me know if your office has received a response, and, if so, if you could forward

it to me, as my copy must have been lost in the mail. Should you have not received a response, I request that

the DOT open a formal proceeding against British Airways for violating 14 CFR 259.7.

I look forward to hearing from you soon

Best,

Mike

On 3 March 2014 04:33, <donna.pilar@dot.gov> wrote:

Case # DP2014030001

Dear Mr. Borsetti,

This responds to your communication regarding British Airways. The U.S. Department of Transportation seeks

to ensure that all airline passengers are treated fairly. Complaints from consumers are helpful to us in

determining whether the airlines are in compliance with our rules and to track trends or spot areas of concern

that warrant further action. 

Based on the information you have provided, your complaint appears to fall under the Department's rules. I will

forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines

are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive

response to the complainant within 60 days. I will review the airline's response. I am the analyst assigned to

your case. If you need to contact me, my information can be found at the end of this message. When

contacting me, please include your name and case number (see above). I will make every effort to reply to your

message within one business day.

If our review of your complaint and the response from the company discloses a potential violation of our rules,

we may pursue enforcement action. Generally, we pursue enforcement action on the basis of a number of

complaints which may indicate a pattern or practice of violating our rules. Your complaint may be among those

considered and may lead to appropriate enforcement action including the assessment of civil penalties.

However, we have no authority to order compensation for individual complainants.

I have entered your complaint in our computerized industry monitoring system, and it will be counted among

the number of complaints filed against this airline in our monthly Air Travel Consumer Report. This report allows

consumers and air travel companies to compare the complaint records of individual airlines and tour operators.

The data in this report also serve as a basis for rulemaking, legislation and research. Consumer information for

air travelers, including the Air Travel Consumer Report and our pamphlet Fly-Rights, a Consumer's Guide to Air

Travel, can be found on our website: www.dot.gov/airconsumer. Thank you for taking the time to contact us. 

Appendix page 61 Public version
Case Num ber: DP2014030001

Consum er Inform ation

Inquirer Type Nam e Address E-m ail Address Office

Phone

Hom e

Phone

AA MIKE

BORSETTI 

SAN

FRANCISCO CA MIKE@BORSETTI.COM

415-

Com plaints Inform ation

Com plaint Code Carrier Nam e Flight Date Flight Itinerary

CZ0000 BRITISH

AIRWAYS 02/14/2014 BA268 LAXLHR 

Description of Problem /Inquiry

multiple violations of 14 CFR §250 for each of the four passengers (see enclosed letter)

Sincerely,

Donna Pilar

Aviation Industry Analyst

Aviation Consumer Protection Division

Office of Aviation Enforcement and Proceedings

(202)366-5945

donna.pilar@dot.gov

Appendix page 62 Public version
Case Num ber: DP2014030001

Consum er Inform ation

Inquirer

Type Nam e Address E-m ail Address OfficePhone

Hom e

Phone

AA MIKE

BORSETTI 

SAN

FRANCISCO CA MIKE@BORSETTI.COM

415-

Mike Borsetti <mike@borsetti.com>

DP2014030001 - (MIKE BORSETTI)

donna.pilar@dot.gov <donna.pilar@dot.gov> 14 May 2014 08:19

To: MIKE@borsetti.com

Cc: donna.pilar@dot.gov

Hello Mr. Borsetti,

The Department has not yet received a response from the carrier. I have sent a second notice requesting a

response. I will advise when it arrives.

Regards,

Donna

Appendix page 63 Public version
Ref.: RD/ 706225053 

Date: May 21, 2014 

Mr. Mike Borsetti 

Email: mike@borsetti.com 

Passenger (s): Borsetti/ Mike Mr./ Ms./ Borsetti/ Mr./ 

 Borsetti/ Mr. 

Ticket Number (s): 001- 0001-02/ 2758-59/ 4028-29 

Exchange Ticket Number (s): 001- 6465/69/71

Credit Card: CA************5686 

Amount Refunded: USD 949.000 

Dear Mr. Borsetti: 

We are pleased to confirm that the refund claim for the above referenced electronic ticket 

has been processed today. 

In accordance with standard industry procedures and British Airways policy, 

reimbursement has been made to the original form of payment used to purchase the 

ticket. 

British Airways assures you of our best attention at all times. 

Yours sincerely, 

Mr Nikhil Dalvi 

Ticket Refunds 

PO Box 300745 

Jamaica, NY 11430-0745 

Fax: 1-212 251 6753 

 

Appendix page 64 Public version
Mike Borsetti <mike@borsetti.com>

Follow up on EC261/2004 claim of 14 February (case 11955129)

1 message

Mike Borsetti <mike@borsetti.com> 2 June 2014 12:48

To: george.chandler@ba.com

Your case reference is:11955129

Dear Mr. Chandler,

It was a pleasure talking with you on 13 May and appreciate your finally forwarding my EC261/2004 claim of the

14 February 2014 double-class downgrade incident to the appropriate department, the "EU Compensation team

in the United Kingdom".

However, I have yet to receive any form of communications from them, and would like to be updated on what is

going on. As I am sure you are aware the regulations specifies that the reimbursement is due within 7 days of the

incident, yet it has already been 108 days as of this writing, and almost 3 weeks since our last conversation.

In the meantime, I have received an inexplicable miniscule refund processed by yet another employee (the fifth

handling the case) of your United States team, a refund lacking any and all substantiation and supporting

documentation.

I look forward to hearing an update from you.

Best,

Mike

---------- Forwarded message ----------

From: British Airways Customer Relations <gsrreplies@contact.britishairways.com>

Date: 13 May 2014 11:10

Subject: Your Response from BA Customer Relations

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for taking the time to speak with me this afternoon.

As promised I have passed your comments, including your previous correspondence to the EU Compensation

team in the United Kingdom to investigate your refund claim for USD 8,336.10. Once they have advised me of

their actions I will be in contact with you.

I do hope we can resolve this swiftly for you.

Appendix page 65 Public version
Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Appendix page 66 Public version
Additional terms and conditions are available on our website: www.ba.com

Appendix page 67 Public version
Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

1 message

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 4 June 2014 06:12

To: michele@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your recent email reply.

Please accept my apologies for the delay in our reply. I will indeed follow up with the EU office in the UK,

requesting they advise me of their investigation.

I hope to have a response for you as quickly as possible.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

Appendix page 68 Public version
**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 69 Public version
Mike Borsetti <mike@borsetti.com>

Your Response from BA Customer Relations

British Airways Customer Relations <gsrreplies@contact.britishairways.com> 5 June 2014 08:13

To: mike@borsetti.com

**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your on-going patience as I investigated your claim.

As promised in my most recent email to you dated 04 June 2014, I had indeed contacted the senior management

team for EU compensation in UK regarding your family's on-going claim. 

They have advised, as a result of your experience, each of the three of you are entitled to compensation for your

journey on British Airways flight BA0268 from Los Angeles to Milan on 14 February 2014. The distance of your

disrupted journey as calculated in accordance with EU legislation was over 3500km. Based on this, you are

entitled EUR300.00 in compensation, which is 50% of the full amount. The reason for the 50% reduction is that

you were provided with transportation, scheduled to arrive at your final destination less than 4 hours after your

original arrival time. 

We have arranged for 3 separate checks, in your local currency for USD502.00 each, to be sent to your US

mailing address shortly under a separate cover. Please allow 14 days for them to be with you.

Again, my apologies for the time it has taken to bring your claim to a resolve and I do know we must do better if

we are to deserve your confidence and trust. We really appreciate you choosing to fly with British Airways. 

Thank you again for taking the time to follow up your claim with me.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

Appendix page 70 Public version
If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

**************************

LEGAL INFORMATION

**************************

This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

--

This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

Middlesex, England, UB7 0GB.

Additional terms and conditions are available on our website: www.ba.com

Appendix page 71 Public version
Mike Borsetti <mike@borsetti.com>

Case reference 11955129

1 message

Michele Mike Borsetti <michele@borsetti.com> 5 June 2014 08:37

To: george.chandler@ba.com

Dear Mr. Chandler,

Thank you very much for your prompt follow up.

I am extremely disappointed with the way that your colleagues are handling this very simple EU261/2004 case

given that the facts are very clear and yet they systematically misapplying the law.

The provision they quoted in their refund calculation is from other parts of the regulation, which do not apply to the

facts of this case.

I repeat yet again that this being a case of an involuntary double downgrade (whose facts are not in dispute) is

subject to Article 10 of Regulation 261/2004, which directs British Airways as follows:

If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it

shall within seven days, by the means provided for in Article 7(3), reimburse [...] 75 % of the price of the

ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member

States and the French overseas departments.

To avoid any further doubts, enclosed please find a copy of the full regulation downloaded from http://eurlex.europa.eu and a copy of my original letter to British Airways sent on 17 February, reminding British Airways

of the obligations under the law.

Please advise whether in your opinion you believe your corporate office is going to apply the law voluntarily or I

should give up and pursue this clear-cut case through the courts (with the additional costs accruing to British

Airways).

Incidentally, my email address is mike@borsetti.com, as stated in all my communications to you, but you have

resumed using a different address. I would appreciate if you could fix your records.

Best,

Mike

---------- Forwarded message ----------

From: Michele Borsetti <michele@borsetti.com>

Date: 5 June 2014 08:09

Subject: Fwd: Your Response from BA Customer Relations

To: mike@borsetti.com

---------- Forwarded message ----------

From: British Airways Customer Relations <gsrreplies@contact.britishairways.com>

Date: 5 June 2014 08:01

Subject: Your Response from BA Customer Relations

To: michele@borsetti.com

Appendix page 72 Public version
**Please DO NOT reply directly to this email by using the ‘reply’ function on your personal email settings, as it

WILL NOT be received. If you wish to send us a reply please use the link at the bottom of the email**

Dear Mr Borsetti

Thank you for your on-going patience as I investigated your claim.

As promised in my most recent email to you dated 04 June 2014, I had indeed contacted the senior management

team for EU compensation in UK regarding your on-going claim. 

They have advised, as a result of your experience you are entitled to compensation for your journey on British

Airways flight BA0268 from Los Angeles to Milan on 14 February 2014. The distance of your disrupted journey

as calculated in accordance with EU legislation was over 3500km. Based on this, you are entitled EUR300.00 in

compensation, which is 50% of the full amount. The reason for the 50% reduction is that you were provided with

transportation, scheduled to arrive at your final destination less than 4 hours after your original arrival time. 

We have arranged for a separate check in your local currency for USD502.00, to be sent to you shortly under a

separate cover. Please allow 14 days for it to be with you.

Again, my apologies for the time it has taken to bring your claim to a resolve and I do know we must do better if

we are to deserve your confidence and trust. We really appreciate you choosing to fly with British Airways. 

Thank you again for taking the time to follow up your claim with me.

Yours Sincerely

George Chandler

British Airways Customer Relations

Your case reference is:11955129

Please do not reply directly to this email as direct replies are sent to an unmonitored mailbox and cannot be

actioned. Please use the link in 'How To Contact Us' below to reply to Customer Relations

**************************

HOW TO CONTACT US

**************************

While we endeavour to offer you as full a service as possible, we are unable to respond to direct replies to this

email.

If you have a particular query with regard to this case, please click on the link below to submit a reply to British

Airways Customer Relations:

https://www.britishairways.com/travel/webforms/public/en_gb?eId=120001&wfpId=custrelreplies&case=11955129

Please quote your case reference 11955129 in any correspondence with us.

However, if you have a general query about British Airways, you can ask your question online. Click on the link

below to go to 'Your questions':

http://ba.com/askba

Appendix page 73 Public version
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LEGAL INFORMATION

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This email was sent to you by British Airways Plc - Waterside, Speedbird Way, Harmondsworth, UB7 0GB,

United Kingdom. (To find out more, click here http://www.ba.com/aboutba)

This email is intended solely for the addressee(s) and the information it contains is confidential. If you are not the

intended recipient (a) please delete the email and inform the sender as soon as possible, and (b) any copying,

distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

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This message is private and confidential and may also be legally privileged. If you have 

received this message in error, please email it back to the sender and immediately 

permanently delete it from your computer system. Please do not read, print, re-transmit, 

store or act in reliance on it or any attachments.

British Airways may monitor email traffic data and also the content of emails, where 

permitted by law, for the purposes of security and staff training and in order to prevent or 

detect unauthorised use of the British Airways email system.

Virus checking of emails (including attachments) is the responsibility of the recipient.

British Airways Plc is a public limited company registered in England and Wales. Registered 

number: 1777777. Registered office: Waterside, PO Box 365, Harmondsworth, West Drayton, 

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Additional terms and conditions are available on our website: www.ba.com

3 attachments

140217 BA double downgrade EC261-2004.pdf

179K

REGULATION (EC) No 261-2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.pdf

129K

140214 BA268-14FEB14 2-class downgrade boarding passes and confirmed tickets.pdf

908K

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