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How does EU Air Passenger Rights come into play?

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How does EU Air Passenger Rights come into play?

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Old Nov 16, 2011, 9:31 am
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Join Date: Apr 2007
Location: now ZRH, previously DTW
Programs: DL-Diamond & 1MM; HH-Diamond; Marriott-Gold
Posts: 159
How does EU Air Passenger Rights come into play?

EU Air Passenger Rights applied to all EU based airlines and all airlines departing from an EU airport. This means that a Delta operated flight AMS-DTW would be subject to the EU rules, but not on Delta DTW-AMS.

The question is, according to EU Air Passenger Rights regarding upgrading and downgrading (see Article 10), when a passenger is involuntarily downgraded, the airline must:

2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse

(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or 17.2.2004 EN Official Journal of the European Union L 46/5

(b) 50 % of the price of the ticket for all intra-Community flights of more than 1 500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights
between 1 500 and 3 500 kilometres, or

(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.
When the business class ticket involved is purchased as business class and the passenger downgraded to Y, the rules are clear. However, how does this apply to:

1. A confirmed business class award ticket?
2. A confirmed business class ticket issued in conjunction with SWUs?

Does anyone have any experience with this?

Another question - how does this apply to a confirmed business class ticket on KL or AF with a Delta SWU?
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