mikeuy

Hi guys,

I initially booked PE outbound and business return EZE to MAN and upgraded outbound yesterday on check in to business for almost 500 usd. Outbound it’s Iberia operated but BA codeshare.

Just got to the airport and found out not only I’m not flying business but got moved to economy because they oversold business and in the moment I paid for the upgrade my seat in PE was lost as well.

Apart from the 500usd of the upgrade from PE to Business, what can I claim?

For next time (hopefully not) it happens, are you able to refuse to fly on that flight and ask you to be moved for the next flight available on the cabin you originally booked?

Thanks

BA6501

75% of the fare and non-govt/airport taxes for that leg, total (i.e. not $500 for the upgrade + that).

mikeuy

Update: Just boarded the plane, one passenger didn’t show up so they moved me back to premium economy.

I did pay for the business upgrade so am I entitled to the 75% claim anyways? Or should I just claim my 500 usd that I paid for the upgrade?

Thank you

Mwenenzi

As flying an EU UK airline all defined by EU261. The claim is on the operating airline.

A long running IB EU261 thread--> EU261 compensation claim
BA thread (good) The 2024 BA compensation thread: Your guide to Regulation EC261 / UK261

mikeuy

Thank you. Seems like a pain dealing with IB and AESA if necessary from what I can read on the link you provided.

So should I be claiming 75% of total fare (PE initial fare plus 500usd that I paid for business upgrade?

wouldn’t it be easier just to make a claim on my credit card for the amount that I paid yesterday for the upgrade?

Thank you

craigthemif

deleted original post - missed the fact that OP was put back in PE in the end.

I generally recommend that people don't involve credit card companies. IB may be perfectly willing to refund your $500 directly and if you involve your credit card company you might find yourself only ever receiving 75% of $500. Even though there's a theoretical argument that you are entitled to 75% of (PE fare + $500), I have my doubts that AESA would rule in your favour here when IB could argue it was a technical glitch and you were never confirmed in J.

SK AAR

Ask for a refund of $500 you paid for the upgrade. That is a clear claim. To demand payment of 75% of the PE fare + $500 is fare more complicated and likely to de be denied. You will end up spending endless time on this.

fly747first

How so? The op WAS upgraded to J prior to the flight and then downgraded due to overbooking so he/she should ask IB for a full refund of $500 plus 75% of his fare as per EUR 261. IB may not be happy but they were the ones who messed up here. It's a horrible practice to overbook J in general.

mikeuy

I agree although as predictable, Iberia refused to pay 75% of total fare and only offered to refund the upgrade.

Im guessing the only option is going through AESA? Which doesn’t seem to have any outcome for a long time from what I’ve read.

csycsycsy

What kind of confirmations did you get (beyond payment taken) the upgrade went through, could you select a seat/OLCI?

mikeuy

Yes I had my seat selected and online check in done.

otr271

Let’s do the math. You’re entitled to 75% of the fare paid for the leg in question, plus then the 500 USD.

The fare for the leg will be less than 50% of your full ticket, since the other direction was Business and thus likely more expensive. Can you see from your original ticket how much the fare for this direction was?

You then need to further split it up, because only MAD-EZE was affected, but not MAN-MAD - in which case 6252mi/7143mi = 87% of the fare counts.
To this value you then add 500 USD, take 75% of the whole thing and that’s your entitlement.

Example: The cheapest round trip fare I find on Expertflyer is 1645€. Then we take 87% of 50%, 719€, add 460€ (500$) for a total of 1179€, and claim 75% of that, 884€.

You can request this directly to Iberia. In many cases citing a source helps, so refer to https://www.seguridadaerea.gob.es/en...ambio-de-clase - which also explains the procedure to claim with AESA.

fly747first

If you paid with an AMEX card, this would be a pretty easy win if you a dispute but otherwise with another credit card, they probably won't do much and you will have to fight IB through another source.

https://europa.eu/youreurope/citizen...r/index_en.htm

Last year, IB refused to provide any compensation after an extensive delay, and AMEX withdrew nearly $700 USD from them and closed the dispute siding with me.

The OP already stated that IB refused to provide 75% of the fare and just wants to provide $500.

csycsycsy

Then I do think you are entitled get what otr271 has calculated.

It's interesting that downgrade reimbursement doesn't factor whether it's a single or double downgrade. So J->W is the same as J->Y, so you bring op-uped back to W doesn't affect the claim

mikeuy

Is there any way to find out how much exactly should I be claiming? Taking into account that my company paid for the initial fare so I don’t know how much.

I can see on BA app the avíos that I got and therefore elegible fare for that flight. But I’m not sure if the claim is 75% of the total price ticket or just 75% of the elegible fare (price ticket less nom airline taxes etc)