Have been e-mailing them 2-3 times, only got one answer that they can rebook me or give me the fare difference between F - C.

Today i was in the live chat and they told me that I have to wait a few days for the customer affairs is gonna give me other options. Well wait and see.....

For me this is my first downgrade and I would really like some tips what to do. I got a few from a guy that I know who travels with EK a lot but as for now they feel a bit lacy. I got all the rights to claim a 261/2004 with 75% but they start with this and they want to take this to the very point....

Keep all posted how it will end up. I will send a note to the Swedish ARN department in case they wont pay out the refunde...

Just stop emailing them and do nothing. You are not entitled to EU compensation until after the flight and so no reason for them to offer it now. The entitlement will only occur if you end up travelling in a class lower than that booked

If you actually end up downgraded, then after the flight write a real letter detailing the compensation required and that you require it within 7 days.

If you have it written in advance, you can post it from the airport on day of departure

If at this point the airline still refuse to pay, then will need to start proceedings.

For now, unless there is another service with the desired class you wish to rebook on, just sit back and wait

Okey, so even if i know that I'm downgraded i need to wait until after flying this leg? Okey so if I write a complain on a word document, print it out and hand it over at the check-in or the Emirates ticketdisk at the airport?

So at this time there is nothing I should do? They cant come afterwards and say: Well you accepted the downgrade because you flew with the ticket? Can I maybe claim it when I'm in DXB airport on a 4,5 hour layover?

No other flights are available unless I change date, witch I can't. Thanks for all the help!! Im just so worried that i dont get the compensation so i get to exited to contact them and get it worked out.... I mean we talking about a lot of money!! If there is as you say, I wait and see

Either :
(a) change to a flight that has 1st class
(b) wait

If , on the day, you end up travelling in a class lower than that which you are ticketed, then you will be entitled to EU compensation. At this time you have not yet flown in a cabin lower than that which you are ticketed for and so no EU compensation is yet due

As long as you do nothing , then your ticket will reflect the higher cabin and so compensation will become due. If you accept rebooking and a fare refund now, then you may well be due no compensation, so just keep quiet and await the downgrade

Just have the letter written so that you can post it from the airport to Emirates on the day of departure once you have the boarding pass for a lower cabin.

Okey, Il wait then! Now I understand the rules! Thanks Dave! I keep you posted what will happend.

Okey so now this is it. I have been downgraded. On the airport they told me to contact the customer affairs witch I did and the first awnser i get is that im just intitled to the faredifference. After a few emails back and forward they give up and says that I will get refunded 75% of the fare I payed on my sector i got downgraded. They calculated that i will be refunded 3470SEK for this witch i dont feel like its right. It should be the whole fare witch i payed for the 75% will be calculated on?

According to wording of regulation

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
.
.
.
(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.

I would write back to them stating the obligations under tha regulation and inform that if 75% of the price of the ticket is not refunded within 7 days then you will take action to recover the amount

If they wish to claim 75% of the price of the sector , the price excluding taxes for a ticket from ARN-DXB is SEK21083

Yeah I will take it futher if they dont give it up now. It has been like more then 7 emails about this and also 3-4 phonecalls.

Thanks for the info about the sectorprice also, still that will be a good amount also but i will demand the 75% of the whole ticket. It was 40436SEK for the whole fare.

Now i still gets this from Emirates....


I refer to your email message of 9 January.
.
I regret to learn that you remain disappointed with our response.
.
May I reiterate that you were aware of the downgrade prior to commencement of your journey and were given the option of rebooking your travel in First class on the first available flight.
.
I note that you elected to travel in Business class on the Stockholm/Dubai route and that you travelled in First class on your onward flights, and as such, you are not entitled to compensation for those flights.
.
On this occasion, we have offered to reimburse 75% of the fare paid on your ticket for the Stockholm/Dubai segment of your itinerary which amounts to SEK 3470.00.
.
If the above is acceptable to you, please complete the Payment Form, forwarded in my previous correspondence.
.
Regrettably we are unable to improve on our offer.
.
Once again, we sincerely regret the inconvenience experienced and thank you for allowing us to explain our position.
.
Yours sincerely,
.
Employee
Customer Affairs Manager

Up to you now then. Usual choices are:

1) Take the money.
2) Take them to court yourself.
3) Appoint a no-win no-fee lawyer to take them to court on your behalf, if these guys exist where you are.

I find it difficult to see how the equivalent of roughly 400 euros can represent 75% of the Stockholm-Dubai segment of an itinerary in First when the entire trip cost the equivalent of around 4,600 euros. (I am assuming a return/roundtrip booking.)

Even if the trip was from Stockholm to eastern Australia, with the onward mileage from Dubai roughly twice that of Stockholm-Dubai, a back-of-envelope calculation gives a refund of around 575 euro (4,600 divided by six, multiplied by 75%). If the final destination was closer to DXB than this, the pro rata refund should be even greater.

Do we know where the poster was going after leaving DXB? (Apologies if this information can be found elsewhere in this thread.)

My own opinion (FWIW !) is that option 1 is your best bet.

I will be VERY surprised if EK improve on their offer here - although I would be happy to be proven wrong......

Sometimes the law is not quite as black & white as it might first seem. Despite the apparently clear case you feel there is in your favour, a judge could very easily take a different view. In particular, judges will expect a claimant to have made an effort to mitigate as much as possible the effects of any loss of benefit, financial or otherwise.

You were offered the option to travel in first class but decided against. Even if you are able to show that a schedule change from your original booked flight would have caused you material problems (and hence your choice to travel in business class instead), then Emirates will say that the reimbursement of 75% of the pro-rata cost of your first sector to DXB is correct compensation for that. And I feel that a judge will very likely agree.

Finally, I happen to think that (in this particular case at least) Emirates will not be fazed by any threat to pursue legal avenues. They will have some pretty good legal eagles of their own, and Customer Affairs will almost certainly have been guided by them when framing their final response.

Last Summer I got the same email from Emirates (even same employee). I asked many times for the calculation of the compensation but they didn't want to tell me.
They also wrote "thank you for allowing us to explain our position". After that they didn't reply my messages.

I took EK to court and I will know the outcome next month. I will tell you more.

I know that the rules �re a bit fuzzy on this occasion. The rules says what it says and when I read to it should be 75% of the whole ticket. For me to be downgraded and only get 3470SEK feels like a punch in the face. If you compare me sitting in a emty F cabin witch gives me a very personal service. Then get downgraded to a fully booked C cabin....

I will take this further to the Swedish NEB called ARN and they will solve this.

Thanks for all the help so far. I hope to get a compensation that are fair for me witch in this case I don't think this is.....

I really would not go to any NEB; the NEBs don't seem to be in the pockets of the airlines in EU261 rather than impartial. Just simply write to EK saying that you do not accept their offer , quote the relevent part of the regulation , highlighting that there is NO reference to pro-rating of fare nor that you could have changed to another flight removes their obligation. State that they have 7 days to reimburse the amount of EURxxx or that you will initiate proceedings to recover it

Then give them 2 weeks after posting it to them ( use a recorded delivery service and get proof of delivery ) and go to whatever process exists in Sweden for small claims

You might want to send a copy of it to the Swedish NEB as well, but do not rely on a National Enforcement Body to actually manage to enforce anything