gottaluvNW

Overbooked flight. London-Abu Dhabi I received my business class boarding pass but Abu Dhabi - Asia flight I was forced to downgrade to economy because flight was oversold.
At Abu Dhabi I was offered USD 200 as compensation (even though in London I was told I would likely be given 600 Euros in compensation in Abu Dhabi).

According to EU regulation - how should my downgrade compensation be calculated based on a mileage ticket?

Dave Noble

not sure whether EC261 would apply in this situation since the downgrade was not from EU

You might only be entitled to a pro rated refund for sector downgraded. if this was Europe to Asia 2, then the difference in cost is 20,000 miles. If AUH was approximately half way, then the entitlement would be 10,000 miles - which I would say is worth more than $200 - I would contact AA and see what it can do to process a refund and then hopefully be able to keep the $200 as actual compensation

Shawn02139

I would love to see stricter regulations on this. Airlines will charge $1,000 (or $5,000 for fare difference) for an upgrade and compensate $200 for a downgrade...there outta be a law.

footballfanatic

A law in the UAE? Or in Britain?

can you switch to an alternative flight within one world by calling AA?

i got cancelled on airberlin once a few weeks ahead of time (route cancellation, years before airberlin went under) but had to pay the exorbitant fees to fly CW instead. I was on a mileage award. AA refused to switch me outright to another J class on the same route and was adamant I had to book into available award space.

erik123

Contact AA for the miles. Dealing with EY is a pain so I suggest using a service to claim EC261 as it applies (assuming it was one ticket w/t stopover in AUH).

MSPeconomist

I think you mean assuming that it was a CONNECTION in AUH and NOT A STOPOVER.

erik123

correct.

MSPeconomist

I think OP has already flown or at least boarded the downgraded segment.

Often1

For certainty, need the folllowing information:

1. One ticket or two?
2. Was EK also the carrier from the UK?
3. How much was the ticket for UK-Asia or UK-DOH and then DOH-Asia? (In miles).

The details will matter.

If (a very big if), EC 261/2004 applies, then there is no compensation, but rather a refund, for a downgrade. It is 75% of the value of the ticket segment. As OP paid in AA miles and EK cannot issue those, you are left in an endless battle over what all that means and how it is accomplished.

Too late for OP, but when something like this happens and one knows ahead (OP knew at least by check-in at LHR, if not earlier), do some research and figure out what alternatives may exist. AA has no duty to reroute, but will generally do so if there is award space available on another routing. Then call AA and ask. Also ask EK, but EK is not likely to be helpful in this matter.

The key in these situations is to be as proactive as possible. Rather than asking, if you have done your homework and can propose specifics, you will generally do better.

AA will refund the fare difference in miles. That is a simple contractual matter and will be painless. If you add the US$200 to that miles refund, you may well come out decently.

Dave Noble

Since the downgrade occurred outside EU, I dont think that anything is due under EC261. If a delay occurs in EU that leads to misconnect outside EU, that is covered for delay, but can't see how this would be

JClasstraveller

I think jurisdiction is joined by virtue of the ticket being ex UK. It’s the “ultimate destination” argument. Of course this argument is predicated on OP being on the one ticket.

Often1

Hence my use of the term "big if".

That is the passenger's sole argument. But, there is no precedential decision holding that a downgrade occurring between two points outside the EU, even on a connection departing the EU is covered by the Regulation (as there is for delays). This is not an issue which EK will concede readily and there are many more arguments against expanding EC 261/2004 to cover non-EU upgrades.

Thus, the question of whether 75% of the base segment fare, however that is determined, vs. $200 + mile difference returned is worth the hassle. Even possible that the latter is better or close to what one might eventually gain.

Dave Noble

For delays/cancellations - if a delay in EU impacts on a connection outside the EU , the start to end is applicable


I cannot see that being applicable for the connection outside the EU being downgraded. In this instance, the entire issue relates to outside the EU

JClasstraveller

That argument is reliant on being able to bifurcate the contract which is a problem.

Certainly worth a try in a court if one were so inclined purely as a test case.

So BA is not liable for EU261 if a downgrade occurs on the SIN-SYD leg of BA15/16?

Dave Noble

If it was , for some reason, sold as 2 sectors rather than as SYD-LHR or v/v , then I don't see that it would be covered for either SIN-SYD or SYD-SIN

I am not aware of any precedent that would state that it would be covered and would think that this is one where the airline would likely prevail

The delay/cancellation arguments related to final destination for connections from EU-non eu

If there is a delay on say, SYD-SIN on BA16 that led to a misconnect to BA12 , that is not a case where there is protection