downgrade
 

hi!

booked on a flight to pek in F however flight now changed to a two class aircraft, I'm now in C however paid the F fare obviously. EK gave me the option to full refund or change foc to a date where F is available (not an option as the schedule is already really tight).
if I recall correctly there is something like '75% of the fare difference' to get something back?! EK told me that this only would apply if the change of aircraft is T-48h.

any ideas?

For downgrades - I think you'll have a hard time getting anything out of EK if they have given you reasonable notice of the change considering there are similar restrictions on compensations with cancellations but there is nothing specific in the article (article 10) of the regulation about it. Which is another way of saying that, there's no specific case law they are quoting on it yet, but that would be their position if you pushed to claim.

They haven't actually downgraded you yet, because you haven't turned up at the airport with an F ticket to be placed in C.

Then you'll have a fight over whether it's 75% of the cost for that sector allocated on a per-km pro-rata basis, or 75% of the cost of the entire ticket. And then you'll have to fight with the local regulator.

What would be the cost of a new C ticket now, compared to F? If your schedule is tight, I would just proceed as required and have it out with EK later for 75% of the difference in sector cost. Your F fare class ticket would still be valid for F lounge access etc. no matter the onward operating aircraft.

thanks et!

I thought it will be hard, difference is roughly 3000$ if my outbound would be in C iso F.

I guess will fully refund the ticket and buy a new C/F combined and will try to upgrade 1 sector with miles - no time and nerves for a claim case if there is not a real chance to win it..

just crazy that they can 'downgrade' you t-72h and get away with no compensation at all.

Yes. Totally scandalous.
Never happened to me, but I would be mad if I had to cancel FCL and pay a JCL at a far higher rate than if I did it in the first place.
I would be even more mad, if I find out that an op-up YCL pax is sitting next to me ;)

Where does your travel start? If it's in the EU, then EC261 applies. Otherwise, it would be a matter of the CoC and local regulations, perhaps with some credit card protections that you could pursue after travel is complete.

this one in the US but will remember it if it will happen again (hopefully not)out of the EU. is the EC261 compensation for downgrade not only possible if it is short notice? (btw is there somewhere in the web the full EC261?! found nothing despite than the short one's published by LH etc)

Is the departure from an EU airport ? If not, then EC261 does not apply

If it is from an EU airport then EC261 does apply and that is what would be due , however EK will not pay up without a fight and will need to be taken to court. One other person here did report attempting this however never actually went to court when it was scheduled

There is no requirement that it be within 48 hours for the 75% reimbursement to be due.

http://eur-lex.europa.eu/legal-conte...lex:32004R0261

You may also need to refer to the various ECJ case law which sets some precedents, such as Emirates v Schenkel and Air France v Folkerts .

As Dave Noble states, for the downgrade compensation there's no notification time that has an impact; what matters is that you turn up for travel and it turns out the airline involuntarily downgrades you to a lower class of cabin.

However, this of course assumes that the flight you are taking is within the scope of the regulation (i.e. departing from the EU on EK!)

thanks eternal and dave, much appreciated.

i guess i'll stick with the full refund and a new ticket in outbound C and inbound Fand upgrade the first leg to DXB with miles.

FWIW, for future reference, there are companies (such as refund.me) who will assist with EC261 claims for a commission.

If the airline doesn't give in easily after a well-written formal complaint or two that says (in the nicest way possible) "I will take you to court", it's probably easiest to let the professionals handle things.

These companies seem to generally be fixed on the easy flight delay/cancellation compensations - they don't seem to be into the more involved claims

You're probably right, but on the other hand, most of the test cases that have gone to the Supreme Court were taken there by one of these companies.

14 day rule should not apply to downgrade compensation.

Excellent references! Thank you!