CJVJ

Dear Flyertalkers,

I have a question concerning compensation:

I had a business ticket going from ASU-GRU-MAD-XXX (EU airport) issued on Iberia ticket stock, the ASU-GRU part was on Gol (so in economy).

The ASU-GRU flight was severely delayed so I missed the GRU to MAD flight. I was given accommodation and food by Gol, and was rebooked to the next day ( A very long process by the way but I will spare those details). For the part MAD-XXX(EU airport) I was rebooked in economy as there was no more space in business.

My question is do I have any right to compensation with Iberia for:
My delayed arrival (24 hours)
My downgrading from business to economy on one of the legs

Or can I only claim with gol (which would be pointless)

On the positive side I must add that the Business class on Iberia both new and old product was quite good, with a very nice and smiling crew.

Yours sincerely

CJVJ

warakorn

You are entitled to receive a refund of 75% of the total fare. The defendant is IB.

EC 261/2004 Article 10

In my eyes, you are not entitled to a compensation payment of EUR 600, because the delay was caused by a Non-EU airline departing from a Non-EU airport.

343

I don't think so.

You have not seated on the IB flight on J because in the new flight were no seats available. If you have taken the original flight and they downgraded you to Y, you will be entitled to compensation.

Gol has the fault that you miss your original flight, and Iberia allocated you in the first available seat. If you prefer flying on J, you have to tell them to find the next flight with J available. If you flown on this class were because you wanted to fly earlier, so Iberia don't have to compensate you.

Good luck.

Often1

This is completely incorrect.

1. EC 261/2004 compensation, if any, is payable by the operating carrier causing the delay. In this case, the operating carrier was Gol. It is a non "community" carrier and the delay ocurred on a flight taking place entirely outside the "community". Thus, EC 261/2004 does not apply at all.

2. IB's flight apparently went on time, so OP is due nothing from IB. This is true both as to the delay and as to the downgrade. As an aside, OP was certainly free to reject the downgrade and insist on waiting for a flight which had his ticketed cabin available.

3. Some may argue that Gol ought to pay the EC 261/2004 compensation, at least for the delay. But, clearly the EU has no jurisdiction outside of its own borders and thus a completely unenforceable effort.

OP is due a refund from the ticketing carrier, IB, for the fare difference occasioned by the downgrade. It's not likely to be much on this routing, but since OP has chosen not to supply the name of his destination airport, nobody on FT can help him figure that out.

CJVJ

Thanks for all the inputs,

It is as I thought then, not really worth lodging a claim to Iberia about.

Out of curiosity what is the principle for calculating the reimbursement for a downgrade on one out of four legs? Tariff? distance?

Again I have no specific complaints against Iberia as they handled it in an acceptable manner, even if I would have been happier if they had accepted to rebook me on a TAM flight same night.

The only stressful point, was when I was asked to go fetch my luggage in gol's luggage department in the other terminal. I had 30 min to run over there to find them all (I had 8 pieces since I travelled with family and small kids) and bring them to Iberia check in. I was quite sweaty after that .

warakorn

"No seats available" is just an assumption.
OP wrote:
Well, maybe there still were physical seats available.

Its not clear from the OP which airline rebooked the passenger.

Lets say IB rebooked the passenger and it refused a C-seats, because some booking class was not available (but physical C seats), then I still see a valid claim for 75% of the total fare.

Again, the original post by the OP is not 100% clear on these issues.