Is this a reasonable refund?
Apr 6, 2017 | 4:13 am
#31
Join Date: Aug 2012
Location: MAN DXB ✈️
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Posts: 6,930
and what about a goodwill guesture - what about the dissapointment? Its awful customer service - but they don't really seem to bothered about downgrades.
I'd be very annoyed - I've stopped paying for F where there is the possibility of a swap or I'm not flexible enough to be able to move.
I'd be very annoyed - I've stopped paying for F where there is the possibility of a swap or I'm not flexible enough to be able to move.
Apr 6, 2017 | 6:53 am
#32
Join Date: Nov 2013
Posts: 5,482
Apr 6, 2017 | 9:25 am
#33
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
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Apr 6, 2017 | 10:36 am
#34
Moderator, Emirates
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Just out of curiosity, I had a look at the EK Source route tracker. From 01/01/17, there have been 25 swaps from three class to two class aircraft in tha past 192 flights (not including today). Does that seem higher than you would normally expect on a route that's advertised as a three class route?
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Apr 6, 2017 | 1:31 pm
#35
Join Date: Nov 2013
Posts: 5,482
I think we agree - it doesn't matter if the airline tells you in advance if there has been an equipment swap. If you turn up on the day of your flight and you have to sit in a cabin lower than the one purchase involuntarily, compensation is due.
This is unlike if you are denied boarding due to cancellation, in which case there is a reasonable notice period for an airline to tell you in advance: 14 days at least.
If EK want to avoid a compensation claim then they should refund the entire ticket - I agree the absolute minimum should be the legal entitlement of 75%, whether that's on a per sector or trip basis (whenever that gets resolved at the ECJ)
This is unlike if you are denied boarding due to cancellation, in which case there is a reasonable notice period for an airline to tell you in advance: 14 days at least.
If EK want to avoid a compensation claim then they should refund the entire ticket - I agree the absolute minimum should be the legal entitlement of 75%, whether that's on a per sector or trip basis (whenever that gets resolved at the ECJ)
Apr 6, 2017 | 2:41 pm
#36
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 46,129
EK may try to avoid paying and need to be taken to something like MCOL (in England) but there is no such get out in the regulation
The airline could just rebook onto another flight and pay the delayed / cancellation compensation - which would be zero if done > 2 weeks before departure, but if it simply downgrades the passenger, it is liable to pay the 75%
Apr 6, 2017 | 2:47 pm
#37
Join Date: Nov 2013
Posts: 5,482
If he did turn up, despite having been told there was an equipment swap, but there was another equipment swap back to 3 class and he travelled in the initial booking class, the compensation would not be due - the test is whether he travels in the booked class or not, on the flight booked. If he does, then there is no compensation due. If he doesn't, then if it was involuntary, then compensation is due.
As you say, there is no time component that means compensation is not payable even if he travels in the lower class.
Apr 6, 2017 | 2:47 pm
#38
Moderator, Emirates
Join Date: Oct 2012
Location: Where My Heart Is
Programs: BAEC Silver, FB Platinum, KQ Asante Gold, Shebamiles Blue, Emirates Blue
Posts: 3,429
Just out of curiosity, I had a look at the EK Source route tracker. From 01/01/17, there have been 25 swaps from three class to two class aircraft in tha past 192 flights (not including today). Does that seem higher than you would normally expect on a route that's advertised as a three class route?
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S
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Apr 6, 2017 | 3:46 pm
#39
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 46,129
If he is notified he will be downgraded then that means there is a good chance that, on the day, he will not be travelling in F.
If he did turn up, despite having been told there was an equipment swap, but there was another equipment swap back to 3 class and he travelled in the initial booking class, the compensation would not be due - the test is whether he travels in the booked class or not, on the flight booked. If he does, then there is no compensation due. If he doesn't, then if it was involuntary, then compensation is due.
As you say, there is no time component that means compensation is not payable even if he travels in the lower class.
If he did turn up, despite having been told there was an equipment swap, but there was another equipment swap back to 3 class and he travelled in the initial booking class, the compensation would not be due - the test is whether he travels in the booked class or not, on the flight booked. If he does, then there is no compensation due. If he doesn't, then if it was involuntary, then compensation is due.
As you say, there is no time component that means compensation is not payable even if he travels in the lower class.
My point is that the claim made by some , that if the airline notifies of the downgrade in advance that there is no compensation due, is completely false
Compensation would only become paid once travel occurs in the lower cabin
If the passenger decides for other reasons to change date of travel , contacts reservations to rebook and voluntarily books in a lower class - again no compensation