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Compensation? Downgrade from LO Premium Econ to LX Y

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Old Sep 3, 2018, 1:58 am
  #1  
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Compensation? Downgrade from LO Premium Econ to LX Y

A friend recently flew from Geneva to Singapore. Originally he was booked on LO via Warsaw in Premium Economy. Due to a technical issue or something LO in Geneva moved him to a direct LX flight. Since LX doesn't have Premium Economy on the route, they put in in LX Y. Any ideas what kind of compensation would be reasonable for the downgrade in service?
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Old Sep 3, 2018, 3:48 am
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Assuming that he accepted the rerouting and did not insist in another routing offering PE, he might be out of luck.
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Old Sep 3, 2018, 4:02 am
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Originally Posted by yosithezet
Any ideas what kind of compensation would be reasonable for the downgrade in service?
No need for "reasonable" since ec261 is crystal clear in its article 10: he/she should demand a refund of 75% of the fare.
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Old Sep 3, 2018, 5:15 am
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Isn't that contingent though on the actual circumstances? (Which we don't know...) If it was truly involuntary? I mean if the offer was same cabin next day (with all duty of care properly handled) but the PAX insisted on a more direct option. it wouldn't apply then surely?
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Old Sep 3, 2018, 6:44 am
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This issue arises fairly routinely. Both because the facts are incomplete and this is a third-party report of what happened. Much easier if the "friend" posts directly.

First, this is not a matter for compensation, but rather a refund, under the terms of EC 261/2004. If the Regulation does apply to these facts, OP will be due a refund of 75% of the base fare paid for the segment in question. If it does not apply, he is due a refund of the fare difference.

Second, these situations do present a hard choice for the passenger. Carriers typically propose the quickest reroute which is what most passengers prefer. One might, however, tell the staff handling the rebooking that time is not of the essence and that accordingly rebooking on the next routing with PE available is preferred.
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Old Sep 3, 2018, 6:53 am
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I will ask him to post, but he was offered the following:
1) Wait 24 hours and fly the original route with LO in PE
2) Take the flight which is just about to leave with LX but in Y rather than PE as LX doesn't seem to have PE or at least not on this route.
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Old Sep 3, 2018, 11:36 am
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A few months ago I was booked on LH PE from GVA and was risking to miss the long haul flight due to the delayed feeder flight from GVA. LH offered all sorts of weird, not satisfactory reroutings in PE, but declined a rerouting with LX, both in Y and C, although LX offered a good rerouting option. I took it that LH did not want to risk to have to refund 75% of the fare for a rerouting in Y and was to cheap to reroute on LX C.

My gut advice in those cases is to refuse non satisfactory reroutings, in particular those with downgrades, as filing claims is cumbersome and the outcome uncertain.

For the case at hand, I would seek the 75% refund, and, if declined, seek the assistance of a claims' agency.
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Old Sep 3, 2018, 11:52 am
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Originally Posted by yosithezet
I will ask him to post, but he was offered the following:
1) Wait 24 hours and fly the original route with LO in PE
2) Take the flight which is just about to leave with LX but in Y rather than PE as LX doesn't seem to have PE or at least not on this route.
Then it seems he accepted the downgrade as he could have flown the next day, had duty of care in the meantime & then claimed 600 EUR 261 compensation for the delay ?
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Old Sep 3, 2018, 12:32 pm
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This seems a fairly clear case of no downgrade refund. OP can certainly file the claim and if denied try to find a claims agency willing to take this on. But, unlikely that a claims agency takes this as the agencies only get paid if they win and they don't cases they can't win.

Whether OP would have been due delay compensation had he waited for the next PE flight depends on the reason for the delay. OP says his friend said that it was a "technical issue or something." The "or something" is critical to a determination. Another problem with third party reports.
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Old Sep 3, 2018, 3:11 pm
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This is not a downgrade situation. The OP was never denied to travel in PE. This was a rebooking for which the OP preferred to get on a flight immediately rather than to wait until the following day for a flight in PE. If PE was that important the OP should have taken the LO flights offered in PE. End of discussion.

Last edited by SK AAR; Sep 3, 2018 at 3:16 pm
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Old Sep 4, 2018, 12:42 am
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I see it differently. It all matters what happened with the GVA-WAW shorthaul segment.
For me it sounds like he was either not allowed to take that flight or that flight was cancelled. In either case he would have been allowed a free reroute at the earliest possible time. Why wasn't he put on SQ PE or LH PE, connecting through FRA? Why was so only allowed to be put onto another carrier (here LX) via ZRH in Y?
I am not aware of a "direct" flight GVA-SIN on LX.

In my eyes LO owes the passenger a 75% refund on the WAW-SIN segment. The pro rate fare is calculated from the great circle distance in relationship with GVA-WAW-SIN.

Last edited by warakorn; Sep 4, 2018 at 1:02 am
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Old Sep 4, 2018, 4:27 am
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What if the passenger insists on PE because he doesn't want to be downgraded and flies the next day - can he claim 600 EUR 261 compensation for the delay?
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Old Sep 4, 2018, 5:05 am
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What if the passenger insists on PE because he doesn't want to be downgraded and flies the next day - can he claim 600 EUR 261 compensation for the delay?
No!
A downgrade doesn't allow the passenger to get a free reroute.

But -> in the case of the OP -> it all matters whether he was allowed to board GVA-WAW.
If the OP lived near GVA, it could be likely that LO didn't want to transport him to WAW, because LO would have had to cover overnight accomodation at WAW.
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Old Sep 4, 2018, 6:59 am
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Originally Posted by warakorn
No!
A downgrade doesn't allow the passenger to get a free reroute.
So, no compensation for the delay in case you insist on PE AND no compensation for downdgrade if you you accept the rerouting?
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Old Sep 4, 2018, 1:39 pm
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It depends on the meaning of the verb "accept".

LO just offers the OP a reroute on the same-day in Y (LX via ZRH) and a reroute in PE on the next day (LO via WAW).
EC261/2004 states that the passenger may choose a free reroute at the earliest possibility or at a later date at the convience of the passenger.
Passenger tells the agent he wants to be rerouted on the same day via FRA (on LH/SQ). Agent refuses to do and just tells the passengers that he either accepts LX Y or he wont fly today.
If the passenger then "accepts" that reroute than this is not an acceptance to forfeit his right for a 75% refund.

Just remember, LOT charged for PE, but only deliver Y. For me it's a clear refund of 75%.
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