We got the dreaded email last night from Expedia informing us of the Change of class from 1 st to Business on the 1st of 4 legs only. Outbound GLA to DXB 20th March. Expedia asking me to confirm changes. Should I call Emirates first and having read all the relevant threads what should I expect to be offered as it all seems random? Any advice would be gratefully received. Had a feeling this would happen as yesterday when I logged in to MMB we were still the only 2 passengers in F. Tad disappointed to say the least

Emirates do have a local office and have about 20 employees. I have a good contact there who have tried to help me but they cant do anything since its the office in Dubai who makes all the decisions.

I could go to court and claim it through the Swedish office according to Swedish court.

That the local office has no authority from Dubai to help at the moment, a successful claim in court will override this. I would not be too surprised if EK changes its offer once it sees you are serious in proceeding

I did send a email saying that I have talked to my laywer and a prosecutor I know and that we will take this to court. I sad that this is unacceptable to treat a paying first class passenger like this.

I also in the same email still claimed the 75% refund of the tickerprice. The answer i got was this:


They just show me a big finger in the face, WE DECIDE, you Listen!

Saying that you have spoken to a lawyer is not the same as actually initiating a claim against the airline. Don't talk to the airline, just initiate proceedings and either the airline will admit the claim or negotiate or possibly let the court decide

I would be surprised if it went for the latter option

Just for information, I got downgraded on the DXB LGW leg of a BKK to LGW flight last month due to an equipment change. I filled in the online form to claim a refund and have received a refund of 75% of the pro-rata cost of the downgraded leg. I have to say I am happy with this outcome as I am not expecting to be compensated for any legs where I traveled in the class that I paid for.

Trotski

I first of all have to get a hold on if I can go to Swedish court or if I have to go to UAE....

Do you mind telling us what class you were downgraded from or to and why it happened?

(I ask because I have a LGW-DXB booking and the class of downgrade from or to and reason determine whether your experience could be relevant to me.)

Thanks.

This is interesting as it is one of the areas of EU261 which has never been tested.

The regulation is worded, and interpreted by many, as compensation should be 75% of the total ticket price.

Others think that 75% of the affected leg, as you have been offered, is what the regulation gives you.

Do you know how they calculated the pro-rata portion?

Emirates' treatment of you is shocking and absolutely disgraceful! I would be livid.

To substitute a two class aircraft because there are only two booked in First is totally unacceptable.

Were you offered an alternative flight?

As a minimum, you should get 75% of the cost of the downgraded sector. There are websites which give mileages between airports. Say GLA-DXB is 3,500 miles, your other three sectors are also 3,500 miles each and you paid �7000 per passenger. Your refund would be at least �1312.50 (i.e., 75% of one quarter of �7000). That would be per passenger.

Some argue that you can hold out for 75% of the ticket price but I think you'd be wasting your time pursuing Emirates' for this.

Please let us know how you get on and good luck.

In the case of the experience outlined over a number of weeks by poster Simonsays91, I do feel there is merit in taking a step back in order to see this whole saga in a rational light :

- the passenger had booked a multi-sector journey in First class.
- on the first sector of the journey, no first class service could be provided by the airline, who then offered the passenger the option to be rebooked to a flight which WOULD offer F class
- the passenger (perhaps with good reason) chose not to take this option, but to travel instead in business class on the initial sector, with all subsequent sectors flown in first class as booked
- the airline then offered to refund 75% of the cost of the downgraded initial sector
- the passenger told the airline that this was "unacceptable" and demanded a refund covering ALL the subsequent sectors - despite the fact that these were flown exactly as booked and paid for

I have reiterated the facts purely to highlight that the only basis for demanding the far higher level of reimbursement/ compensation mentioned by the passenger is a poorly-drafted piece of EU legislation, which - to most objective observers - would more than likely appear as totally illogical. Certainly we do know that it now appears illogical to the EU Parliament, because the legislation has since been amended.

Whether or not Emirates will stand their ground (and if necessary allow the matter to go to Court) or change their decision remains to be seen. I am of the opinion that no change on their part will be forthcoming.

My own perspective would be framed by comparison with other travel-related products. If, say, I had booked a five night stay in a hotel suite but on arrival only a standard room was made available, I would not be happy. However, if the hotel were then able to move me for the four subsequent nights to the original suite as booked, what sort of compensation would I be looking for ....? Compensation in relation to the one night I did not stay in a suite - or compensation also for the four subsequent nights when I DID ....??

In short, I honestly believe that the attempt to force Emirates to provide recompense/reimbursement for something that they actually provided as booked is reflective of a modern-day 'compensation culture' - a culture whereby some people are encouraged by others, and indeed by the law itself, to make monetary claims to a level which far exceeds any 'damage' that might have been suffered. I'm not preaching to others, they can make their own choices in life, but personally I could not be motivated to pursue a claim which my conscience tells me is irrational - even if a legal technicality may happen to allow it.

I would just add that I don't believe Emirates has any status as a 'body corporate' within Sweden. Yes, it trades there of course by selling tickets and dealing with customers on a daily basis ; but it does so merely as an agent of Emirates Airline, which for all legal matters is domiciled and registered in UAE.

Whilst I agree that in cases other than single sector one way tickets or two class downgrades it is unreasonable for downgraded passengers to expect a refund of 75% of the total ticket price, I cannot help but wonder if EU legislators did not originally choose 75% of the total ticket price (i.e., a severely punitive level for multi-sector and/or return bookings when no more than half the total trip was downgraded) deliberately in an attempt to dissuade airlines from downgrading. The alternative is that they did not have the sense to realise that their wording lacked precision - and/or that they were poorly advised by their consumer protection bureaucrats - and that a great deal of confusion would result, as has been the case.

If there was legislation stating that compensation due for the whole stay, then yes would expect the compensation for the whole stay; since there isn't there is no relevence to the comparison

In the case of airlines in the EU, the legislation states specifically the enitlement

Emirates seems to have an office in Sweden at

Engelbrektsplan 1
SE-114 34
Stockholm
Sweden

so would be surprised if you could not

I agree with most of what you say, but not all downgrades are the same. Emirates has a nasty habit of replacing 3-class planes with 2-class when premium loads are light and economy is looking to be heavily booked. It's a purely commercial decision to downgrade confirmed F customers so that they have another 76 seats on the plane to sell. I'd suggest that such action should attract some kind of punitive cost above 75% of the sector price.