Involuntary Downgrade
#211
Join Date: Sep 2013
Posts: 37
I'm gonna call the court tomorrow and ask them. Still I need to wait on the NEB statement to get my advantage in court. I talked to them today and they sad that its verry clear in my case that I have the favorside.
#212
A FlyerTalk Posting Legend




Join Date: Jan 2002
Posts: 46,140
I can't see how the NEB would claim otherwise,the rules in this case seem very cleat
#213
FlyerTalk Evangelist


Join Date: Jan 2010
Posts: 10,051
I know the poster you are replying to mentioned this as a possible reason for the change, but when a substitution happened to me a few months ago, it was explained that an extremely high demand for Economy Class is usually the reason. As blagger says above, it increases Y by at least 76 seats.
#214
FlyerTalk Evangelist


Join Date: Jan 2010
Posts: 10,051
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.
However, the law is the law and provision for the compensation will have been built into your ticket price since the law came into force, if EK accountants have done their job correctly.
They should not be able to take the money if they are not going to give it back when required.
#215
Join Date: Apr 2009
Programs: BA, bmi, USAir, Aeroplan, AirBerlin, Marriott, SolMeliaMas, BAAWorldpoints
Posts: 793
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.
#216
A FlyerTalk Posting Legend




Join Date: Jan 2002
Posts: 46,140
I agree with your sentiments regarding the compensation culture.
However, the law is the law and provision for the compensation will have been built into your ticket price since the law came into force, if EK accountants have done their job correctly.
They should not be able to take the money if they are not going to give it back when required.
However, the law is the law and provision for the compensation will have been built into your ticket price since the law came into force, if EK accountants have done their job correctly.
They should not be able to take the money if they are not going to give it back when required.
If the airline gained the revenue of 76 economy passengers, then the payback to those downgraded is something that is only fair to be provided imo
#217
Join Date: Apr 2009
Programs: BA, bmi, USAir, Aeroplan, AirBerlin, Marriott, SolMeliaMas, BAAWorldpoints
Posts: 793
Just checked and discovered that some 2 class 777-300ERs have 80 more Y seats than others with F.
Given that F on these aircraft is only two rows, how on earth does Emirates' cram in up to 80 extra Y seats in non-F aircraft?!
Given that F on these aircraft is only two rows, how on earth does Emirates' cram in up to 80 extra Y seats in non-F aircraft?!
#218
FlyerTalk Evangelist


Join Date: Jan 2010
Posts: 10,051
There is also the First Class Galley that is no longer required, and the ones with 80 (rather than 76) extra seats don't have the rear crew rest area.
#219
Join Date: Nov 2011
Location: LPB
Programs: Skywards Gold, Miles & More, SPG, Marriott
Posts: 410
#221
Join Date: Feb 2005
Location: GLA
Programs: EK Blue :-( BAEC
Posts: 82
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


I go to Emirates website and look at said form. It looks to me for full refund, totally not what I want so call Emirates. Pleasant guy puts me on hold for ages then says I am not entitled to a partial refund and I can change flight as stated above. I explained that I can't, he said because it's more than 48 hrs before the flight I am not entitled to partial refund.

I am not looking for lots of money just 25% of the fare difference in the change of class to my booking which I reckon is 250 as the flight was approx 1000 more to go F than J.
Was thinking of speaking to Emirates ticketing staff at Glasgow airport after check-in and then doing partial refund on return from holiday and then if unsuccessful doing the usual emails and letters???
#222
Join Date: Feb 2005
Location: GLA
Programs: EK Blue :-( BAEC
Posts: 82
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
Trotski
Can you advise as to how far in advance the downgrade occurred that you were notified?
Did you fill in form after your flight?
Last edited by tummytank; Mar 6, 2014 at 11:35 am Reason: adding info
#223
A FlyerTalk Posting Legend




Join Date: Jan 2002
Posts: 46,140
So today I call Expedia as they want me to accept the changes. Agent puts me on hold calls emirates and to cut a long story short if I want to change to the later flight or day before I can (no actually I can't) they will adjust without cost or I can fill online form for refund.
I go to Emirates website and look at said form. It looks to me for full refund, totally not what I want so call Emirates. Pleasant guy puts me on hold for ages then says I am not entitled to a partial refund and I can change flight as stated above. I explained that I can't, he said because it's more than 48 hrs before the flight I am not entitled to partial refund.
I am not looking for lots of money just 25% of the fare difference in the change of class to my booking which I reckon is 250 as the flight was approx 1000 more to go F than J.
Was thinking of speaking to Emirates ticketing staff at Glasgow airport after check-in and then doing partial refund on return from holiday and then if unsuccessful doing the usual emails and letters???
I go to Emirates website and look at said form. It looks to me for full refund, totally not what I want so call Emirates. Pleasant guy puts me on hold for ages then says I am not entitled to a partial refund and I can change flight as stated above. I explained that I can't, he said because it's more than 48 hrs before the flight I am not entitled to partial refund.

I am not looking for lots of money just 25% of the fare difference in the change of class to my booking which I reckon is 250 as the flight was approx 1000 more to go F than J.
Was thinking of speaking to Emirates ticketing staff at Glasgow airport after check-in and then doing partial refund on return from holiday and then if unsuccessful doing the usual emails and letters???

If you do nothing and do not make any changes, then you will be entitled to compensation under EU261 which defines the compensation due for a downgrade as being 75% of the price paid for the ticket
If you voluntarily change to another flight , then obviously you will be entitled to nothing.
I would do nothing now and wait until the downgrade occurs and then lodge a claim with EK for the 75% refund and be prepared to go to moneyclaim.gov.uk to progress it
#224


Join Date: Jan 2009
Location: Scotland
Programs: BA Silver
Posts: 169
I also had a situation similar to yours and I got an email from Emirates saying that if my flight was downgraded (and it was) I would be due a refund for that sector, which at the time I may have accepted. I have since had an email advising me I am due nothing, I have now started court proceedings against them for the full 75% of ticket paid and urge you to do the same on your return.
#225
Join Date: Apr 2007
Posts: 28
There is a picklist on the refund form that allows you to select downgrade as the reason for your refund request. Also I dont believe that you need to do anything about changing your flights, just turn up at the airport with your original reservation and accept the downgrade when you check in, then after the flight fill in the refund form. From my interaction with Emirates staff on the phone it would appear that they have no control over downgrade refunds and everything needs to go thorough the online form to a dedicated team.
Hope this helps
Trotski
Last edited by trotski; Mar 7, 2014 at 3:58 am

