FlyerTalk Forums - View Single Post - Airberlin Downgraded from Business to Economy
Old Feb 1, 2016 | 11:08 am
  #38  
seawolf
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Originally Posted by ortho88
I was thinking of CB after taking the flight in the summer, but that would be 4 months away.

I just spoke with multiple reps at US # 18662665588. Apparently, this number is reserved for service agents or booking flights with AB. I spoke with a couple of Germans and they seemed to not be able to give any other compensation other than what is mandated by the CEO of AirBerlin.

They also offered to take cancellation up to your flight date for a full refund or take the Economy class (1 luggage only-23kg). This is very ...... response from the management, I believe.

If we get all people on this forum together, perhaps we can consult to the lawyer familiar with this type of situation. Perhaps, mass class action lawsuit against AB.

I mean this is legitimately in clear violation of the federal and international law as stated earlier. They will not acknowledge up to this mistake in public of course! If this ever gets public, then they'll take massive action to compensate their passengers.

Talking about lawsuits, does anyone here have any recommendation for a legal team specialized in flights cancellation/compensation?
I don't think you can't charge back after making the trip. If anything it will only weaken your position.

First thing credit card company will ask is if they transported you. The credit card issuer is not in the business of of providing a fair valuation between economy and business.

If AB respond and reply to credit card that they transported you, I think the credit card will closed the chargeback.

I'm not a lawyer but I think your options are
  1. Take economy
  2. Cancel and full refund and if any non-refundable travel-related charges, pursue AB under 14 USC § 399.88.
  3. Take economy and pursue EC261/2004 Article 10. Be sure you have all your documents showing confirmed ticket in business and when you confirm with AB you will take economy you should document by taking economy, you are in no way giving up your rights under EC261/2004. You may end up having to take this in European judicial system if AB plays hardball.
  4. Sue them in US small claims for the difference between what you can buy today in business class and the fare you paid so far?
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