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-   -   Involuntary Downgrade (https://www.flyertalk.com/forum/emirates-skywards/575770-involuntary-downgrade.html)

ayeaway Mar 24, 2013 7:50 pm

Squadoosh just love it. There isn't a spell check going to allow that without a red underline.

Dave Noble Mar 24, 2013 8:03 pm


Originally Posted by whimike (Post 20476474)
The email they sent me never gave me the option of rebooking. However, even if it had, it was not an option. I had a business meeting in Dubai, then another in Zurich the following day, so had to be on that flight.

You could have rebooked the whole 1 way journey into business class on the same flights and then would have been refunded to 1 way busines / 1 way 1st.

I am surprised that they would offer no compensation for the loss of 1st class on the route where a booking was in place, but can understand the logic that would be behind their response and the difference between an advance rescheduling to a 2 class aeroplane vs a day of departure aeroplane substitution due to unplanned occurrences

Is it a particularly nice response ... no
I would have thought that they might give more than nothing, but would not have expected the level of a day of departure change

whimike Mar 24, 2013 8:14 pm


Originally Posted by ayeaway (Post 20476524)
Squadoosh just love it. There isn't a spell check going to allow that without a red underline.

Thought that would have a few on here checking google... ;)


Originally Posted by Dave Noble (Post 20476577)
You could have rebooked the whole 1 way journey into business class on the same flights and then would have been refunded to 1 way busines / 1 way 1st.

Why would I want to do that? I didn't want to fly business class, thus the reason I paid for first class.


Originally Posted by Dave Noble (Post 20476577)
I am surprised that they would offer no compensation for the loss of 1st class on the route where a booking was in place, but can understand the logic that would be behind their response and the difference between an advance rescheduling to a 2 class aeroplane vs a day of departure aeroplane substitution due to unplanned occurrences

2-days of advance notice while I was already in the middle of traveling isn't a whole lot different to day-of-departure notice. Its not like they told me a month in advance. At the point they notified me it was a day prior to flying to CMB to position, I had already booked a non-refundable hotel in CMB, and my hands were just as tied as if it were day-of-departure notice.

chris63 Apr 14, 2013 1:58 pm

EK did it to me again :td: Booked F
EK018 for 17th, downgraded to 2 class, no notification whatsoever, only discovered upon checking my skywards account today :mad:
Rebooked to EK 020 which trashes my schedule, have to leave 7 hours earlier :td: but i'm not prepared to go in J again :D

Unconcerned agent, email complaint sent :)

offtothehills Apr 14, 2013 9:08 pm


Originally Posted by Dave Noble (Post 20476237)
And if that was the case, it would be a different situation, however that is not the case here




In this case, the customer has been informed before going to collect the vehicle that it is a Fiat and has so had opportunity to cancel/ rebook to pay for fiat etc in advance

If this had been a "turn up at airport and find 2 class only" that would be different

Dave - you answer queries so like my husband would - are you a Scotsman too?;)

aster Apr 15, 2013 7:29 pm

No compensation for downgrade of aircraft from 3-class to 2-class (F tix booked)?
 
Recently purchased tix on the SIN-DXB-WAW route in F all the way, only to find out some weeks down the road that on those dates the DXB-WAW leg has been substituted to an aircraft with no F.

I cannot change the dates so that is not an option, but should I expect any compensation/farechange as a result of this? During a phone call Emirates were adamant that they owe me nothing in this case.

mrtdxb Apr 15, 2013 8:13 pm

For me it comes down to what is "right" with "right" (depending on its usage)being defined as being:
Adjective - Morally good, justified, or acceptable; or
Noun - That which is morally correct, just, or honorable: "the difference between right and wrong".

No amount of justification as to why no compensation or recompense is due as a result of a downgrading of service on the basis of specious sounding arguments that you could change your travel plans, etc., will ever personally convince me otherwise.

whimike Apr 16, 2013 2:24 am


Originally Posted by mrtdxb (Post 20597871)
For me it comes down to what is "right" with "right" (depending on its usage)being defined as being:
Adjective - Morally good, justified, or acceptable; or
Noun - That which is morally correct, just, or honorable: "the difference between right and wrong".

No amount of justification as to why no compensation or recompense is due as a result of a downgrading of service on the basis of specious sounding arguments that you could change your travel plans, etc., will ever personally convince me otherwise.

Agreed.

aster Apr 16, 2013 6:21 am

Is it worth writing with a formal complaint to get an answer from them on paper? I mean purchasing F and being forced to fly C seems like it should entail some form of compensation or lowering of the ticket price? Otherwise this is like daylight robbery.

pomkiwi Apr 16, 2013 12:33 pm


Originally Posted by aster (Post 20599534)
Is it worth writing with a formal complaint to get an answer from them on paper? I mean purchasing F and being forced to fly C seems like it should entail some form of compensation or lowering of the ticket price? Otherwise this is like daylight robbery.

It might help the case if you can quote the difference between the fares for F and C and seek that as the starting point for recompense - it would appear difficult for them to counter that. You might stand more chance of getting anything above this amount by requesting Skywards miles rather than cash but I have no experience of this with EK.

elite13 Apr 18, 2013 2:14 am

What is the norm with EK on involuntary downgrade? Offered a return tkt of same class valid for a year? or it differs from station to station?

GodAtum Jul 16, 2013 4:57 am


Originally Posted by chris63 (Post 20591077)
EK did it to me again :td: Booked F
EK018 for 17th, downgraded to 2 class, no notification whatsoever, only discovered upon checking my skywards account today :mad:
Rebooked to EK 020 which trashes my schedule, have to leave 7 hours earlier :td: but i'm not prepared to go in J again :D

Unconcerned agent, email complaint sent :)

What is the email to use please?

chris63 Jul 16, 2013 11:23 am


Originally Posted by GodAtum (Post 21104908)
What is the email to use please?

[email protected]

I was satisfied with their response :)

zoebier01 Aug 31, 2013 12:38 am

Last month I got a downgrade First Class to Business Class from Dusseldorf (Germany) to Dubai.
I booked and paid booking class A, long time ago! There was a high demand for Economy Class so they changed to a 2-class configuration. The flight was fully booked.

EU261 says 75% compensation of the price of the ticket. What does it mean?
On many forums I can read 75% of the returnticketprice, other people say 75% of that segment.

Emirates is calculating a very low price of that segment. I cannot check the price for that segment because I booked a return Dusseldorf - South East Asia.

Is there a court case available where I can find how to calculate the compensation?

easterisland Sep 16, 2013 3:04 pm


Originally Posted by zoebier01 (Post 21366688)
Last month I got a downgrade First Class to Business Class from Dusseldorf (Germany) to Dubai.
I booked and paid booking class A, long time ago! There was a high demand for Economy Class so they changed to a 2-class configuration. The flight was fully booked.

EU261 says 75% compensation of the price of the ticket. What does it mean?
On many forums I can read 75% of the returnticketprice, other people say 75% of that segment.

Emirates is calculating a very low price of that segment. I cannot check the price for that segment because I booked a return Dusseldorf - South East Asia.

Is there a court case available where I can find how to calculate the compensation?

Did you find any other information or resolve this ?

zoebier01 Sep 17, 2013 12:22 pm

I didn't find more information. Can someone help me?

On this thread I can read, many people were offered a free returnticket in case of downgrading. Emirates doens't want to give it to me. Only the small amount of money, no ticket.

What should I do?

easterisland Sep 17, 2013 2:17 pm


Originally Posted by zoebier01 (Post 21460551)
I didn't find more information. Can someone help me?

On this thread I can read, many people were offered a free returnticket in case of downgrading. Emirates doens't want to give it to me. Only the small amount of money, no ticket.

What should I do?

So they will not pay the 75% as per EU/261 or have not offered options vouchers for a replacement ticket?

Have a look at this site...

http://ec.europa.eu/transport/themes/passengers/air/

You will find the following...

EU Complaint Form for air passengers (to be sent to the airline or competent National Enforcement Body, NOT to the European Commission)

National Enforcement Bodies The EU rules oblige Member States to nominate or create “national enforcement bodies”, whose role is to verify that transport operators are treating all passengers in accordance with their rights. Passengers who believe they have not been treated correctly should contact the body in the country where the incident took place.

Please keep us updated.

Dave Noble Sep 17, 2013 3:03 pm


Originally Posted by zoebier01 (Post 21460551)
I didn't find more information. Can someone help me?

On this thread I can read, many people were offered a free returnticket in case of downgrading. Emirates doens't want to give it to me. Only the small amount of money, no ticket.

What should I do?

If this was a flight from Europe to Dubai, then simply write to the airline requiring that it pay 75% of the ticket cost as per EU261 within 7 days as per entitlement under article 10 and make it clear that if this is not received by then, that you will instigate proceedings

If after 14 days, you have not received the money then initiate a claim in court for the 75% amount of the entire ticket cost

I would not continue trying to deal with the airline, just take it to court

edy4eva Sep 17, 2013 4:05 pm

This is sickening. EK trying to nickle and dime passengers when it ought to know first hand of its obligations under EU/261. This needs to change.

zoebier01 Sep 18, 2013 12:41 am

Thank you for helping me.

The compensation should be 75% of the entire ticket price? Or only the DUS-DXB sector? How to calculate the sector price? The other segmenst I have flown First Class.

I live in Holland but booked my ticket on the German www.emirates.com
EK is based in Dubai.
Where should I go to court?

Dave Noble Sep 18, 2013 12:58 am


Originally Posted by zoebier01 (Post 21463603)
Thank you for helping me.

The compensation should be 75% of the entire ticket price? Or only the DUS-DXB sector? How to calculate the sector price? The other segmenst I have flown First Class.

I live in Holland but booked my ticket on the German www.emirates.com
EK is based in Dubai.
Where should I go to court?

The regulation states 75% of the ticket price; there is nothing in the regulation that states anything about it being price of sector / pro-rated etc


Originally Posted by EU261
Article 10

Upgrading and downgrading
.
.
2. 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.


Emirates almost certainly has a registered office in the Netherlands; initiate proceedings in the Netherlands against the Emirates company in that country. In your claim to Emirates, you could include the regulation wording so that the company is aware that you do know your rights; it may encourage them to play nicely

m3red Sep 18, 2013 5:02 am


Originally Posted by Dave Noble (Post 21463654)
The regulation states 75% of the ticket price; there is nothing in the regulation that states anything about it being price of sector / pro-rated etc




Emirates almost certainly has a registered office in the Netherlands; initiate proceedings in the Netherlands against the Emirates company in that country. In your claim to Emirates, you could include the regulation wording so that the company is aware that you do know your rights; it may encourage them to play nicely

I think these EU rules are over the top.

The poster has lost out on F to J for one sector - she should get the cost of the J Fare to F for that sector. 75% of the ticket back is unjust enrichement - no wonder EK try to avoid paying it!

No wonder I left the compensation culture of the UK and Europe behind...

Dave Noble Sep 18, 2013 5:35 am


Originally Posted by m3red (Post 21464196)
I think these EU rules are over the top.

The poster has lost out on F to J for one sector - she should get the cost of the J Fare to F for that sector. 75% of the ticket back is unjust enrichement - no wonder EK try to avoid paying it!

The rules are designed to be punitive to stop airlines downgrading / cancelling services etc

Just given a fare difference provides no disincentive for airline to do this

zoebier01 Sep 18, 2013 5:45 am


Originally Posted by m3red (Post 21464196)
I think these EU rules are over the top.

The poster has lost out on F to J for one sector - she should get the cost of the J Fare to F for that sector. 75% of the ticket back is unjust enrichement - no wonder EK try to avoid paying it!

No wonder I left the compensation culture of the UK and Europe behind...

What EK did is unjust enrichement. There was a high demand for Y that flight (because of the start of summer holiday). The EK-Dusseldorf-staff told me
I was the only F passenger that flight so they changed from a 3-class 777 to a 2-class 777. A 2-class aircraft can accomodate around 80 more Y passengers. The revenue of 80 extra Y passengers is higher than 1 F passenger. For the airline I can understand but for passengers it's not fair. Even if they compensate 75% of my entire ticket, they still made huge profit according to the downgrade.

m3red Sep 18, 2013 6:09 am


Originally Posted by Dave Noble (Post 21464283)
The rules are designed to be punitive to stop airlines downgrading / cancelling services etc

Just given a fare difference provides no disincentive for airline to do this

I guess thats right Dave.

I'd be happy with the cost of the difference plus miles for inconvenience.

75% is a lot that's all.

From reading previous posts on here try and get EK to pay and if not just take action, that seems to get their attention - EK can't and won't defend the claim. In this case its clear that its a breach of the rules and you can get 75% back - I still think that this compensation outweighs the loss suffered by the claimant.

Dave Noble Sep 18, 2013 6:24 am


Originally Posted by m3red (Post 21464424)
I guess thats right Dave.

I'd be happy with the cost of the difference plus miles for inconvenience.

75% is a lot that's all.

Not everyone is interested in FF miles; 75% is a good disincentive to the airline I would hope and consider how some people have received absolutely nothing for a downgrade

warakorn Sep 18, 2013 8:19 am

I would not recommend to sue EK in the Netherlands.
The right course of action to sue them at the German district court, which has jurisdiction over Duesseldorf Airport. You have about 3 years time to sue until the statute of limitations kicks in.

m3red Sep 18, 2013 8:47 am


Originally Posted by Dave Noble (Post 21464476)
Not everyone is interested in FF miles; 75% is a good disincentive to the airline I would hope and consider how some people have received absolutely nothing for a downgrade

The one case on here was terrible so I guess the fact the ticket is ex eu makes it more valuable! Is hardly fair being discriminated against when it doesn't fall within eu law ie ek should do the right thing. Perhaps pax here suffer because of the onerous eu legislation and costs?

easterisland Sep 18, 2013 11:00 am


Originally Posted by m3red (Post 21464196)
No wonder I left the compensation culture of the UK and Europe behind...

This is not about tripping over a kerb and suing the council.

This is about paying for a product/service and not receiving it.

Dave Noble Sep 18, 2013 2:05 pm


Originally Posted by m3red (Post 21465100)
The one case on here was terrible so I guess the fact the ticket is ex eu makes it more valuable! Is hardly fair being discriminated against when it doesn't fall within eu law ie ek should do the right thing. Perhaps pax here suffer because of the onerous eu legislation and costs?

It doesn't matter that the ticket was ex EU; the EU regulation applies to all flights departing the EU

any passenger on an EK flight from LHR/AMS/DUS etc to DXB is covered
No passenger on an EK flight from DXB to Europe is covered

If flying on an EU carrier , then would be covered on any flight to or from the EU

The legislation also requires that airlines provide assistance such as accommodation when a flight is delayed or cancelled for any reason as well as provding compensation should a flight be significantly delayed ( for most flights from western europe to dubai , EUR600 if delayed 4+ hours ) due to things within the airline's control

If thinking that this is an unfair rule , cionsider how some airlines treat passengers when not forced under this type of legislation

e.g. in USA, get delayed due to weather and airline just says "not my problem, sort your own accommodation out"

e.g. With EK, get downgraded on a sector, may actually get no compensation at all ( see some other threads for examples )

e.g. with QF , flight gets cancelled and so delayed, zero compensation

If all airlines in EU had been treating passengers properly, then legislation would not have come in.

For downgrading; this is something where a large compensation is fair imo since it is the airline's choice if it operates a flight with an aeroplane without the cabin which was paid for or oversells the cabin

With business passengers , there is an opportunity for airline to avoid compensation by upgrading if oversold , it is only with 1st class where there is nowhere else to go

Downgrade compensation is high, but I would suggest is the easiest thing for the airline to avoid having to pay out : don't downgrade people, it is something completely within the airline's control

ukdoctor Sep 19, 2013 12:40 am

I've stopped buying F tickets on EK due to this. (I fly mostly J but used to occasionally treat myself to F)

I am now buying J tickets only and use miles to upgrade to F if needed . My travel is mostly for personal reasons and im fairly flexible.

Ek did involuntarily downgrade me twice in the last one year ( J tickets upgraded to F using miles ). The flights were ex DXB any way. They substituted it with a 2 class. The miles I used to upgrade were credited back in a day.:)

subject2load Sep 25, 2013 8:48 am

Hello folks, looking for general thoughts & advice please ......

Back in July I booked a trip UK to New Zealand & back, consisting of seven sectors, all in F and a full revenue ticket.

I happened to make an email enquiry re chauffeur-drive service for my SYD stopover. Received a very prompt, courteous response which (in addition to covering my query) included the information that my first sector, LGW-DXB EK016 involves a change of equipment and will be operating as two-class only. This flight is in late November. I was told, quote "you have been re-booked to Business class. Please contact the nearest Emirates Reservations Centre to discuss the schedule change and re-book if necessary".

I have yet to follow up as requested and am wondering what options I am likely to be offered when I do so.

To provide some background context : I was particularly keen to fly this sector on the 777 with suite, and was also keen on the afternoon departure. Hence my choice and booking in good time.

I am very conscious that late equipment changes can always be made due to last minute technical or 'operational' reasons and that EK are not alone in reserving the right to do this.

Is there, however, something improper about an airline taking money for a specific service in the knowledge that they might choose not to provide such a service as far as two months in advance of the departure date ....?

ukdoctor Sep 25, 2013 10:52 am

The last time this happened they offered to change me to the LHR flights with F suites on the 380.

easterisland Sep 25, 2013 11:13 am


Originally Posted by ukdoctor (Post 21469186)
I've stopped buying F tickets on EK due to this.

I think I may just do the same.

My last four sector First Class itinerary consisted of...

1, First Suites.

2, F in a seat no better than Business Class.

3, F in a seat no better than Business Class.

4, First Suites (Involuntary Downgrade to Business Class, ex DXB)

The downgrade turns into a double downgrade, you go from the First Class Suite to the worst seat in Business Class as everything has been taken.

And to restore my faith in Emirates for my involuntary downgrade.

25,000 Points & £250.00

subject2load Sep 25, 2013 11:24 am

I had a hunch that this is the sort of offer they might make, and in all honesty it would be a perfectly reasonable one - in most circumstances.

However ..... as mentioned, I chose specifically to fly from LGW, and on a 777.

I am very limited in terms of date changes. I cannot delay my departure and whilst I could possibly bring it forward by a day, that would cause complications & added cost in terms of accommodation in DXB.

And if I switch to a different flight but still out of LGW, then I guess there's every likelihood of the same thing happening again ......?

subject2load Sep 25, 2013 11:29 am

Just to clarify ..... My comments relate to ukdoctor's post (had not seen easterisland's at time of writing, though it makes for very unhappy reading and reflects a worrying and serious inconsistency when it comes to product delivery)

Dave Noble Sep 25, 2013 2:29 pm


Originally Posted by subject2load (Post 21502333)

To provide some background context : I was particularly keen to fly this sector on the 777 with suite, and was also keen on the afternoon departure. Hence my choice and booking in good time.

I am very conscious that late equipment changes can always be made due to last minute technical or 'operational' reasons and that EK are not alone in reserving the right to do this.

Is there, however, something improper about an airline taking money for a specific service in the knowledge that they might choose not to provide such a service as far as two months in advance of the departure date ....?

With 2 months notice , I am not sure that the EU compensation would apply ; there are several flights a day from Gatwick and Heathrow so shouldn't be that hard for them to rebook you on one of the other services; e.g. EK 2 from LHR at the same time ; of course , if this is not appealing, you definitely can cancel without penalty and with 2 months notice shouldn't be hard to find another option

I doubt very much that EK intended to take your money and then remove the 1st class option so doubt very much that anything improper occurred

subject2load Sep 25, 2013 3:53 pm

Thanks for your comments DN, and I should add that my real interest is in travelling as booked rather than seeking compensation. But your comments are valid enough, and I am keen to maintain a sense of balance. Plus, this is hardly a tragedy within the grand scheme of things and with all that's going on in the wider world.

Perhaps my choice of the word 'improper' was not the best. I guess the point I really wanted to make was about consistency of product. I'm all too aware that last minute changes which leave either very limited alternative options, or even none at all, can be more frustrating than those flagged up in good time. But a very late change is to me, in many ways, more understandable than one made well ahead.

My analogy would be that if I chose to book a very specific hotel room - and my booking was accepted and fully confirmed - then I would be VERY disappointed if the hotel suddenly decided to tell me, two months before arrival, that the room was no longer available. If however they told me on the very day of arrival that there had been a wholly unexpected plumbing problem and the room could simply not be got ready in time, then it would be rather more understandable.

Emirates have always sought to set a high standard for themselves, but part of the distinction between an average airline and a top quality carrier is to make sure the promotional blurb and glossy images are matched by the reality. Delivering what is promised is a key element. The more often changes are made to suit the commercial objectives of any large business rather than its customers' own needs, the more danger there is of losing the goodwill and loyalty of those customers, not to mention the long-term reputation and image of the business itself.

Rant over !

Dave Noble Sep 25, 2013 4:06 pm


Originally Posted by subject2load (Post 21504889)

My analogy would be that if I chose to book a very specific hotel room - and my booking was accepted and fully confirmed - then I would be VERY disappointed if the hotel suddenly decided to tell me, two months before arrival, that the room was no longer available. If however they told me on the very day of arrival that there had been a wholly unexpected plumbing problem and the room could simply not be got ready in time, then it would be rather more understandable.

You book a hotel months in advance and then the hotel gets final go ahead to do some refurbishment work and then the hotel schedules the work for 2 months time; those with bookings at that hotel may be impacted

Given that EK has a service at the same time from LHR, the impact would seem to be at worst having to leave an hour earlier to get to the airport ( if living somewhere where have to drive past Gatwick to get to Heathrow ).

Looking at schedules, it seems that there are a few days around end of nov/dec where an EK flight ends up with a 2 class aeroplane; it doesn't look like a permanent change just perhaps some aeroplane availability issues at that time

subject2load Sep 25, 2013 5:07 pm

Thanks again DN.

Note your comments re my hotel analogy.

The impact of a potential switch to LHR is not in fact restricted purely to timing, because as mentioned I had specifically booked to fly by 777. I accept that this is very much a personal choice (and one perhaps not shared by many others), but then air travel does so often revolve around personal priorities and preferences - as this forum very amply demonstrates !

I assume from what you say re aircraft availability around late November that there is a means of seeing in advance what equipment is allocated to any given EK flight. If so, can you please point me in the right direction..... ?
Thanks.


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