FlyerTalk Forums - View Single Post - Should LH return GPU with Involuntary Downgrade?
Old Sep 12, 2017, 7:10 pm
  #11  
Often1
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Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
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Originally Posted by athome
Your comment is not correct. Downgrade from O is compensated with 1000 EUR (see above post). The OP should be happy to get them, as 75% of nothing (he did not pay for F, as he upgraded), is still nothing.
It is not a comment. It is the law. You are completely wrong and should carefully read EC 261/2004 before posting.

In the case of a downgrade, the passenger is entitled to 75% of the segment ticket cost. Not the cost of the UG, but the ticket for that segment.

In Guidance, albeit non-binding, issued in June 2016, now 15 months ago, the EC makes it clear that EC 261/2004 downgrade compensation applies when something of value such as miles or a certificate is used to accomplish an upgrade. The Regulation does not apply in the case of a free upgrade, e.g. an OPUP.

There may be occasions when compensation under the Regulation is below what LH is prepared to provide. Needless to say, LH is free to do that. BA, by way of example, does this in its calculations as well. There are occasions when the customer service gesture exceeds the requirement.
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