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

Dave Noble Sep 25, 2013 6:24 pm


Originally Posted by subject2load (Post 21505267)
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.


I think that its hard to see anything seriously unreasonable in a change that has been communicated to passenger 2 months in advance where it is possible for the relelevent impact to be 1 hour. Type of aeroplane is not a guarantee when purchasing a ticket. a 380 is not a downgrade from a 777

If type of aeroplane is important, then can always take the next flight out of Gatwick. The impact of this is a lot less than would be by other carriers who only have few services a day

I was looking on Expert Flyer and it shows a few days over a couple of weeks where EK16 operates without 1st class.

m3red Sep 25, 2013 10:01 pm


Originally Posted by Dave Noble (Post 21505652)
I think that its hard to see anything seriously unreasonable in a change that has been communicated to passenger 2 months in advance where it is possible for the relelevent impact to be 1 hour. Type of aeroplane is not a guarantee when purchasing a ticket. a 380 is not a downgrade from a 777

If type of aeroplane is important, then can always take the next flight out of Gatwick. The impact of this is a lot less than would be by other carriers who only have few services a day

I was looking on Expert Flyer and it shows a few days over a couple of weeks where EK16 operates without 1st class.

380 f is great (never had a full flight with all seats taken though)

DYKWIA Sep 26, 2013 4:39 am


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.

Have you considered changing to the EK008 flight from LHR? This is a great option IMO as :-

1. It's very quick to check in and get to the lounge
2. The flight arrives at DXB at a great time. The place is deserted :)
3. As it doesn't connect to much, it's not too busy
4. You can have a nice breakfast in the lounge, followed by lunch at your leisure.

Granted, you'll have a longer layover at DXB, but it will give you the option to leave the airport and get dinner outside.

subject2load Sep 26, 2013 5:46 am

Thanks for the suggestion. It does sound an attractive option when you put it like that !

However, I would think it's far from certain that they will offer to switch me from LGW to LHR (?). There is an alternative departure at a similar time from LGW (EK012) and perhaps they will direct me to that. Then again, there is every possibility that I could be affected by a post-booking equipment change on EK012 in the same way that I have already been affected by EK016.

My itinerary actually involves a stay for a few days in UAE (and Jordan) anyway, so the "longer layover" you mention would not be an influencing factor in this case.

m3red Sep 26, 2013 5:52 am


Originally Posted by subject2load (Post 21507734)
Thanks for the suggestion. It does sound an attractive option when you put it like that !

However, I would think it's far from certain that they will offer to switch me from LGW to LHR (?). There is an alternative departure at a similar time from LGW (EK012) and perhaps they will direct me to that. Then again, there is every possibility that I could be affected by a post-booking equipment change on EK012 in the same way that I have already been affected by EK016.

My itinerary actually involves a stay for a few days in UAE (and Jordan) anyway, so the "longer layover" you mention would not be an influencing factor in this case.

They will not care about the airport switch. They will let you change it - I'd go 380 in F for the shower, its great although on that flight not so necessary!

subject2load Sep 26, 2013 6:15 am

Thanks m3red. I now sufficiently well-prepared to discuss the enforced change to the booking as requested, by contacting my "nearest Emirates Reservations Centre" !

I would be looking to maintain a window seat, as on the 777. Any particular seat number I should aim for on the A380 (of which I have no experience) ??

m3red Sep 26, 2013 6:17 am


Originally Posted by subject2load (Post 21507829)
Thanks m3red. I now sufficiently well-prepared to discuss the enforced change to the booking as requested, by contacting my "nearest Emirates Reservations Centre" !

I would be looking to maintain a window seat, as on the 777. Any particular seat number I should aim for on the A380 (of which I have no experience) ??

Row 2 or 3

avoid row 4 for the galley noise.

No real bad seat in F but I pick 2.

subject2load Sep 26, 2013 6:35 am

Duly noted ^

Dave Noble Sep 26, 2013 1:50 pm


Originally Posted by subject2load (Post 21507734)
Thanks for the suggestion. It does sound an attractive option when you put it like that !

However, I would think it's far from certain that they will offer to switch me from LGW to LHR (?). There is an alternative departure at a similar time from LGW (EK012) and perhaps they will direct me to that. Then again, there is every possibility that I could be affected by a post-booking equipment change on EK012 in the same way that I have already been affected by EK016.

My itinerary actually involves a stay for a few days in UAE (and Jordan) anyway, so the "longer layover" you mention would not be an influencing factor in this case.

EK12 is 4 hours earlier than EK16 rather than similar. With the airline dropping 1st class on that service that day, I doubt that there would be any issue rebooking you on a flight from Heathrow, though if you prefer to take EK12 , I'm sure that would not be an issue

If considering EK8 ( as suggested ) then , since your preference seems to be the 777, then EK12 would seem a better option

Once you have your preferred option decided, give EK a call and should be able to get it done

If you have a fare that is restricted by flight number, then if you choose to make futther changes later, those restrictions will apply on future changes. EK does ( or has ) had cheaper ex UK fares limited to certain services

subject2load Sep 26, 2013 2:52 pm

Thanks for this additional info.

By way of clarification, When I referred to EK012 as having a similar departure time, I meant similar in relation to EK008, rather than EK016.

I had conversations earlier today with a number of EK people who passed me around until I finally got to speak to someone who seemed genuinely interested in helping. (I was in all honesty disappointed and surprised by the overall quality of telephone support, not least because on previous calls relating purely to administrative matters, I seem to have received more professional attention).

I was asked if I was flexible on departure airports, and in light of DYKWIA's suggestion I said yes, and that my preference was for EK008. All the indications were that this change would be agreed, but that it just required formal approval from someone higher up the food chain. After holding the line I was then told that LHR would NOT in fact be offered due to "ticket restrictions". EK012 was offered instead, from LGW, but during the time I was kept hanging on the line I had established that there have been as many as fifteen equipment changes on that flight over the last thirty days alone (more even than EK016) and so I pointed out that I would have only a 50% chance of travelling as originally booked.

All rather unsatisfactory I have to say , and things are currently at a stalemate.

They are "getting back" to me tomorrow .......... :rolleyes:

Dave Noble Sep 26, 2013 4:36 pm

I have come across numerous fares which are restricted to LGW but am surprised that the airline would not allow the airport change in this situation

Fortunately, if EK cannot provide a desirable option , at least well in advance enough to be able to cancel and rebook trip on another carrier

serfty Sep 26, 2013 5:34 pm


Originally Posted by Dave Noble (Post 21504400)
With 2 months notice , I am not sure that the EU compensation would apply ...

Although there is still plenty of time and opportunity to find a solution, given the apparent intransigence of EK, I feel should be noted the only time limit for EU regulation 261/2004 in specific relation to Downgrading is that reimbursement (30%/50%/75%) shall be provided within "seven days".

Dave Noble Sep 26, 2013 5:42 pm


Originally Posted by serfty (Post 21511458)
Although there is still plenty of time and opportunity to find a solution, given the apparent intransigence of EK, I feel should be noted the only time limit for EU regulation 261/2004 in specific relation to Downgrading is that reimbursement (30%/50%/75%) shall be provided within "seven days".

I don't believe that this will work; the airline can just rebook the passenger on a later flight with no penalty since it is > 2 weeks before departure

technically I agree that there is no provision for a downgrade time limit wise, but since the airline can just cancel booking / rebook onto another service is why I suggested that the compensation wouldn't likely apply

jackiedada Sep 26, 2013 6:44 pm


Originally Posted by m3red (Post 21507832)
avoid row 4 for the galley noise.

Row 4 is still better than row 1, imo, as row 1 is a bit narrower and also has the curtain separating the toilets/ bar/ social area right next to the door.

Dave Noble Sep 26, 2013 11:01 pm


Originally Posted by jackiedada (Post 21511729)
Row 4 is still better than row 1, imo, as row 1 is a bit narrower and also has the curtain separating the toilets/ bar/ social area right next to the door.

4K is my favourite seat on an EK A380

m3red Sep 26, 2013 11:46 pm


Originally Posted by Dave Noble (Post 21512608)
4K is my favourite seat on an EK A380

Why? Because you get served first?

Dave Noble Sep 26, 2013 11:51 pm


Originally Posted by m3red (Post 21512700)
Why? Because you get served first?

I havent found any negatives with the seat and it is about the best for disembarking ; I prefer to sit on the K side of the aeroplane

m3red Sep 27, 2013 12:20 am


Originally Posted by Dave Noble (Post 21512718)
I havent found any negatives with the seat and it is about the best for disembarking ; I prefer to sit on the K side of the aeroplane

Me too, they changed the time of ek21 on dec 20 and I'm now in 7a and b having originally had 7j and k...hoping for an f op up for Some decent sleep.

Few people on here prefer the right hand side. Also disembarking first is :cool:

LE4603 Sep 27, 2013 1:12 am


Originally Posted by m3red (Post 21512770)
Few people on here prefer the right hand side.

Yep, I always try to get on the right hand side (Can't explain why though!).

K is the place to be :D

Dave Noble Sep 27, 2013 1:22 am


Originally Posted by LE4603 (Post 21512879)
Yep, I always try to get on the right hand side (Can't explain why though!).

K is the place to be :D

My reason is that I am right handed and the window is to the right of me as is the area where I can put things

jackiedada Sep 27, 2013 8:17 am

I don't think I care about it so much, as I am either working on my laptop or watching a movie.

whimike Sep 28, 2013 1:18 am

Wow, 8 of the last 8 posts about what is the best seat on an A380. What does the best F seat have to do with involuntary downgrades? If anything, talk about your new seat in J or Y!!

m3red Sep 28, 2013 2:00 am


Originally Posted by whimike (Post 21518017)
Wow, 8 of the last 8 posts about what is the best seat on an A380. What does the best F seat have to do with involuntary downgrades? If anything, talk about your new seat in J or Y!!

I was wondering this myself!

Let's have some more horrendous downgrade stories!

MrCA Dec 16, 2013 9:45 am

I am booked thru Qantas in first from FRA to AKL first leg on 777and all legs are on EK. 3 Days before departure equipment has been downgraded to two cabin. I have all plans in place and cannot change day or time in order to move to equipment with first class. What compensation can I demand and do I complain to Qantas or Emirates? Many thanks for suggestions.

Turicus Dec 16, 2013 9:51 am


Originally Posted by MrCA (Post 21974741)
I am booked thru Qantas in first from FRA to AKL first leg on 777and all legs are on EK. 3 Days before departure equipment has been downgraded to two cabin. I have all plans in place and cannot change day or time in order to move to equipment with first class. What compensation can I demand and do I complain to Qantas or Emirates? Many thanks for suggestions.

My understanding is that according to EU Regulation 261, you are entitled to a refund of 75% of the ticket price. Not sure whether the downgraded leg or the entire ticket.

http://en.wikipedia.org/wiki/Regulation_261/2004

Dave Noble Dec 16, 2013 11:14 am


Originally Posted by Turicus (Post 21974789)
My understanding is that according to EU Regulation 261, you are entitled to a refund of 75% of the ticket price. Not sure whether the downgraded leg or the entire ticket.

http://en.wikipedia.org/wiki/Regulation_261/2004

It depends on which flight the downgrade has occurred on.

If it is the FRA-DXB sector then there is an entitlement to the entire ticket price under the regulation. There is nothing which states it is a pro rated entitlement. The airline could rebook the person onto another service involuntarily and then the entitlement will be just the delay compensation should the delay be >3 hours

If it is any other sector, then the EU compensation does not apply



Originally Posted by Turicus
do I complain to Qantas or Emirates

If the downgrade is on the FRA-DXb sector

At the moment, you complain to no one I would suggest if hoping for compensation.

If you are wating to travel in 1st class , then contact Qantas and ask about rebooking

Should you bee delayed or downgraded on the day, then lodge a claim against Emirates since it is the operating carrier and so liable under the regulation

If it is any oher sector

Contact Qantas for any fare difference refund that may be due and any compensation which the airline may be prepared to offer. The refund is likely to be close to zero though since there is likely little or no difference in the fare

MrCA Dec 16, 2013 8:48 pm

Thanks for the prompt replies. It was Mon Dec 16 FRA-DXB and the equipment was changed. I am waiting for the next leg which I assume is in First Class. I am not going to do anything further until I have completed my journey and then I will contact Emirates Customer service. Will let you know the result.

Simonsays91 Dec 20, 2013 2:21 am

I have a confirmed downgrade on my flight from ARN-DXB the 1th of january. They are switchinf from 3-class to 2-class. In this case I get downgrade from a full flex F to business. I should be ably to get 75% refund as the EU264/2004 apply right?

The first email i got after complain to EK was that they cant give any compensation just rebook me to another date....

ft101 Dec 20, 2013 9:01 pm


Originally Posted by Simonsays91 (Post 21999191)
I have a confirmed downgrade on my flight from ARN-DXB the 1th of january. They are switchinf from 3-class to 2-class. In this case I get downgrade from a full flex F to business. I should be ably to get 75% refund as the EU264/2004 apply right?

The first email i got after complain to EK was that they cant give any compensation just rebook me to another date....

This thread has some discussion over what to expect:

http://www.flyertalk.com/forum/emira...competent.html

It's not as cut and dried as it might seem IMO and may involve a trip to court if EK become stubborn. (It's EU261 not EU264).

Dave Noble Dec 21, 2013 12:22 am


Originally Posted by Simonsays91 (Post 21999191)
I have a confirmed downgrade on my flight from ARN-DXB the 1th of january. They are switchinf from 3-class to 2-class. In this case I get downgrade from a full flex F to business. I should be ably to get 75% refund as the EU264/2004 apply right?

The first email i got after complain to EK was that they cant give any compensation just rebook me to another date....

If you are downgraded, then lodge a claim under EU261 fro 75% of price of ticket. EK is unlikely to inform you of your rights under the legislation and unless you specify it in you claim for compensation, I doubt that it will volunteer it

If it is claiming that it cannot compensate, then it is likely to find a court disagreeing with it

Simonsays91 Dec 22, 2013 9:37 am


Originally Posted by Dave Noble (Post 22004881)
If you are downgraded, then lodge a claim under EU261 fro 75% of price of ticket. EK is unlikely to inform you of your rights under the legislation and unless you specify it in you claim for compensation, I doubt that it will volunteer it

If it is claiming that it cannot compensate, then it is likely to find a court disagreeing with it

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...

Dave Noble Dec 22, 2013 12:20 pm


Originally Posted by Simonsays91 (Post 22010755)
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

Simonsays91 Dec 22, 2013 3:00 pm


Originally Posted by Dave Noble (Post 22011395)
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? :confused: 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 :p

Dave Noble Dec 22, 2013 3:31 pm


Originally Posted by Simonsays91 (Post 22012066)
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? :confused: 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 :p

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.

Simonsays91 Dec 22, 2013 3:40 pm


Originally Posted by Dave Noble (Post 22012194)
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.

Simonsays91 Jan 9, 2014 11:50 pm

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?

Dave Noble Jan 10, 2014 1:01 am


Originally Posted by Simonsays91 (Post 22123510)
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

Simonsays91 Jan 10, 2014 1:52 am


Originally Posted by Dave Noble (Post 22123699)
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.

Simonsays91 Jan 16, 2014 4:50 am

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

ft101 Jan 16, 2014 6:29 am

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.


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