FlyerTalk Forums - View Single Post - Downgrading on a KLM issued ticket, AF operated CDG-HKG
Old Dec 1, 2023 | 8:01 am
  #45  
fuyao
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Originally Posted by NickB
That is incorrect. Carrier surcharges (YQ/YR) must be included along with the fare in the compensation calculation. It is only the 'genuine' third party charges and taxes that are taken out of the calculation.
Yes, one might think that.
"(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments."
https://eur-lex.europa.eu/legal-cont...X%3A32004R0261
It also doesn't mention gov. taxes anywhere, but over the years I read many court cases about 75% where every judge always went for the strict NET fare witout any taxes, no matter if YQ or gov. taxes

https://curia.europa.eu/juris/docume...t=1&cid=612878
"first, the ‘tariff’ applied by the air carrier to transport the passenger who purchased the ticket, and, second, the taxes and charges levied by the air carrier on that occasion."

39 Thus, Article 10(2) of Regulation No 261/2004 must, taken as a whole, be read as meaning that, in determining the reimbursement owed to the passenger, the components of the price of the flight such as taxes and charges, despite being connected to that flight, cannot be taken into consideration since they are not an intrinsic part of that flight.

YQ/YR = charge

Last edited by fuyao; Dec 1, 2023 at 8:09 am
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