FlyerTalk Forums - View Single Post - F from BHX - chance of aircraft substituion?
Old Aug 28, 2015, 4:35 pm
  #20  
eternaltransit
 
Join Date: Nov 2013
Posts: 5,454
Originally Posted by Silverswimmer
So
Theoretically what would a pax booked and paid for in F expect as recompense for the downgrade to J in a 2 class substitution?
SSF
EU261/2004 regulations would apply: you would be entitled to 75% of the fare paid (actual cash spent). Of course, it is not entirely that simple!

The regulations are not clear about the basis of "fare paid". Now, this is where EK will claim it's 75% of the allocated cost for that sector (a calculation they might make by taking half the cost of the outbound fare, or, as I have seen, calculating a per kilometer cost and applying it pro-rata). Most claimants put forward the argument that it's based on the whole fare paid, not on the pro-rated costs.

National enforcement bodies are inconsistent on this, so absent a court case, which I would expect to go all the way to the ECJ as previous EU261/2004 cases have done, it would be up to you to see if you are satisfied with their compensation offer and to take it up via legal channels if not.

In the case that EK notify a passenger some time in advance of the substitution, they usually waive change and refund fees.
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