Iberia - Downgraded...compensation
 

Back in October 2009, my friend and I bought two $9000 business tickets from MIA - JOHANNESBURG via Madrid for the 2010 world cup in June - July 2010

The day after the final, we got to the airport, i checked in first, no problem.
My friend check in, not only he is not in Business class, he is on standby and the customer care guy is trying to explain to him the flight is oversold.

After some complaints, he finally got a seat in coach.

When we got to Madrid, they offered him 1207 euros for the downgrade. My friend refused it...what is his recourses? Can he get more?

here is the thing

He had back surgery in 04/2009 and that is why he paid all the money WAY in advance to make sure he flies business. Had he wanted the money and fly coach, he wouldve not book in Business.

Anyways, what I am curious about, how do they go about chosing someone to downgrade or whatever? Is it random or what?
I am sure, there are at least 20 people who bought their tickets after he did, why him?

Anyone got an email address so he can write and complain?
I cannot find anything on their site

Thanks

Oh by the way Service was crap, flew in my last leg today Madrid - Mia Iberia operated by AA, wasn't significantly better by the way.

Here's what EU rights entitle your friend to.....

When an airline places a passenger in a class lower than that for which the ticket was bought they must refund a percentage of the ticket. The refund amount varies depending on the flight distance.

If the flight distance is:

1500km or less: 30% of the ticket must be refunded;
1500km – 3500km: 50% of the ticket must be refunded;
Greater than 3500km: 75% of the ticket must be refunded.

If an airline places a passenger in a class higher (i.e. upgrading) than that for which the ticket was purchased, it may not request any supplementary payment.

Even though your journey started outside the EU, these rights apply to your flight because you were with an EU airline.

Given that MIA-MAD is 3500km+, your friend is entitled to 75% refund of the fare from MIA-MAD

but on the whole ticket price or only on the part of the return flight, so 75% of 50% of the ticket price?

did i correctly understand that only on the return flight your friend was downgraded?

Yes, on the JNB - MAD leg
he still have his reservation MAD - MIA in Business

Ok, well, 1207€ now sounds like 75% of the JNB-MAD legs' worth.

But it would be very interesting to know how the compensation should be calculated. 75% of the entire ticket price or every leg apart and 75% of that (if over 3500km), etc.

Anyone knows about that?

it is 75% of the FULL C fare from JNB-MAD.. not the actual ticket you bought, but the full C fare one-way JNB-MAD..

We had an experience last year where Thai downgraded 2 friends from C to Y and the portion was from Europe to Bangkok. TG had to ultimately pay 75% of the one-way FULL C fare from Europe to BKK and that ended up being more than the original cost of the ticket!

Nice, thanks for that.
Now he just needs some official statement regarding that and he's good to get the compensation.

That is not correct: the legislation quite clearly states 75% of the "price of the ticket". What do you mean that TG was "forced"? by whom?

As to whether it is the whole ticket or pro-rated to the distance on which you are downgraded, on the face of it the legislation simply says the price of the ticket. However, it is usually interpreted by airlines as meaning pro-rated to distance. To know which is the right answer you would have to go to Court and for the case to go to the ECJ to have a definitive answer. While there are arguments on both sides, I would personally think that the pro-rated interpretation would be likely to win in Court.