ortho88

Yes it seems that they've down-graded my tickets, however they didn't even attach me a new ticket. I am trying all of your options that you're listed. I will ask to get coverage for 75%, also DOT 399.

"Not too many options, in my opinion:
- cancel and get the money back and move on
- accept the downgrade but insist on the 75% refund
- hold your ground for business and try to convince the airline, or
- file a complaint to DOT and see what happens

seawolf

I'm speculating that you can't even begin to get EC261 downgrade comp until you've flow the segment.

That only leaves refund/cancellation as the only viable option or take econ and hope to nail them for the 75% after the fact but that would be up to AB or the German legal system.

ortho88

We will see what happens... I will keep you guys updated.

TheFlyingDutch

OP: not important really, but did you say you're flying to New York? Your screenshot shows Chicago in fact.

You have more than 1 booking?

The fare seems really "attractive" indeed.

Good luck and yes, please keep us updated. The outcome of this might give the rest of us a better idea on how allegedly "technical error" would be enforced these days.

seawolf

Even thought DOT is not forcing airline to honor ticketed itineraries under 14 USC § 399.88, you may want to email AB that they are not complying with 14 USC § 399.88 and EC261/2004 Article 10 and see if that softens their stance.

Anangga

Me and another 11 bought these tickets to NYC and downgraded with a notification email yesterday. They give us only 5 days to decide, we travel with babies and dont think we would fly 30 hrs in economy. The problem is all the hotels are paid and non-refundable. This "technical error" by Air Berlin has cause another problems for us. We will come to the Etihad office today (since Air Berlin has no rep office here) and see if they can do something about it

seawolf

If you decide to cancel, AB will most likely be required by US law to reimburse you for the non-refundable hotels. See the link in post# 8.

Was the ticket denominated in USD? Did you buy from travel agent or airline website? If airline, which country website?

ortho88

Apparently, this happens to a lot of people and this is their "first time experience" with this kind of technical problems. I called them and they are still firm with the refund or downgrade policy. This can be a class-action settlement lawsuit if someone decides to go with it. The Service Team is also separate than the complaint department!!

TheFlyingDutch

Tough luck.

Did you say anything about DOT or EC261/2004?

Also did you ask if your expenses would be covered?

ortho88

I did mentioned about both of those.

==============================

Thank you for your e-mail.

As informed, Service Team is only authorized to process ticket refund in case you do not agree to cabin downgrade.

Further reimbursement may only be consulted with our complaint department. We kindly ask you to fill and submit online form available at the following link: https://www.airberlin.com/en-US/feedback/complaint. We ask for your patience as complaints are processed by incoming date.

We deeply apologize for the inconvenience caused and kindly ask you to consider our offer for travel in Economy Class with your existing tickets. Please note that Economy Class tickets for your routing are currently available for 2150 USD.

If you have any further questions or queries, please feel free to contact our team at any time.

Kind regards

ortho88

This is the letter that I sent

Dear Air Berlin,

I have received your email inquiry on #### about my flight booking ##### for #### in regards to the booking.

I purchased and arranged my travel since #####, the day I purchased and re-scheduled other flights and hotel arrangements that I made prior to purchasing Air Berlin tickets. This change will cause me tremendous stress and various changes with my scheduling and our travel plans for our summer one month travel, this includes hotels arrangements, car rentals, and others that has been pre-arranged.

I would like to continue the journey with the flight arrangement that was purchased on Dec. 25, 2015 in the business class compartment. It is unfair and deceptive practice to change my bookings when a purchase has been made, paid in full, and has been in place since the last month.

If the accommodation is not possible, then I hereby claim compensation in accordance to DOT 14 USC 399.88 and Article 10 (c) EU261/2004 for my seats that has been downgraded to the economy class.

In accordance to rulings on the downgraded flights, I am writing you to request that you pay the stated amount on the rulings for each passenger under the Article 10c EU261/2004 and DOT14 USC399.88, back to the original form of payment, but not later than 2 weeks from the date of this later.

If I do not receive a response from you within the aforementioned deadline, I will seek immediate legal assistance.

With best regards,

ortho88

USA, USD. I got it from the website directly!

What's post #8?

TheFlyingDutch

Post #8 is the previous post, e.g. your last post is #27.

Whoaa, so they are taking hard stance over this. Did they reiterate the deadline on making your decision?

The suggestion to go to their Complaint department is not really convincing. They need to agree to cover reasonable expenses as per DOT.

Maybe file a complaint to DOT directly...

seawolf

If you got it from AB US website, in USD, on an itinerary that starts, stops, or ends in US, then it is definitely within DOT jurisdiction as it was "marketed towards US consumers." 14 USC § 399.88 definitely applies in regards that if you made any non-refundable reservations (eg hotel) for this trip, AB should reimburse you for those cancellation costs in the event you decide to cancel the trip with AB.

Maybe you should ask AB for the contact information of their legal department as well.

TheFlyingDutch

I don't think the purchase website nor currency matters. This applies to anyone, when the route involves air transport within, to or from the US.

Transit within the US doesn't seem to apply, based on some previous discussions and their FAQs.