FlyerTalk Forums - View Single Post - Airberlin Downgraded from Business to Economy
Old Feb 2, 2016 | 6:20 am
  #39  
ortho88
 
Join Date: Jan 2016
Location: Chicago, IL
Posts: 16
Just got an update from DOT and stated that AB in clear violation of the law and they're now seeking response from Air Berlin!

Originally Posted by seawolf
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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