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Old Jun 19, 2013, 9:45 pm
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: fti
People, please edit/use the wiki so same questions are not always asked.

The current CTA decision on the Yangon deal is only for tickets canceled by SWISS Airlines for the seven merged complaints/companions and tickets canceled by Jet Airways for one complainant and companions
- It's not about other carriers because each carrier submits different tariffs.
- If you are not one of the complainants or their companions above who were mentioned in the respective cases, you need to submit a case yourself for hearing.
- There's currently one person who is on Iberia for CTA decision, one can either wait for results or submit a complaint to CTA.

Result of the current case for LX in brief is:
- CTA found 5(F) in the tariff used to be unclear for canceling tickets on erroneously quoted fares.
- 5(F) is unjust and unreasonable and must be revised or taken down by July 9, 2013 (or SWISS can appeal by then)
- SWISS did not use its tariff correctly to cancel the tickets.
- SWISS must compensate one complainant's First Class ticket and any related expenses by July 18, 2013 provided with evidence.
- SWISS must transport other complainants (and their companions) in the original price charged with same booking class and routing by June 18, 2014.

Result of the current case for 9W in brief is:
- Tariff on file had no clauses for "erroneous fares" and was updated subsequently, which means it is not relevant to this event
- Therefore, 9W is to reinstate the tickets with a 1-year validity for transport between the same points and the same booking class.


CTA official news can be read here for general overview of the case.

Actual CTA case review can be found here for reference should you wish to file a complaint.

If you have a similar case that's with SWISS, you need to file with CTA to get a result through informal process first before it gets to formal process. The entire procedure can take up to 3 months for each and the result may not be same cause it's case-by-base and the reviewer of the case can be different.

To file an informal complaint with CTA, see here. Click through all of the pages to get to the online form for the informal complaint. Or click here.

To file a formal complaint after informal complaint has been closed, see here. Continue on to the next page to see the address or email address for the formal complaint.

The July 17th and 18th responses from LX can be found here:
Other Letters:


Feel free to add dates, flights, etc., in order to plan DOs, etc.

Aug 4: SFO-ICN (UA893)
Jason8612

Aug 5: ICN-SFO (UA892)
Jason8612

Aug 7: SFO-ICN (UA893)
Jason8612

Aug 11: ICN-NRT-ORD (UA78, UA882)
Jason8612

Aug 14: BOS-IAD-NRT-ICN (UA285, UA803, UA79)
Deltspygt

Aug 19: ICN-NRT-IAD-BOS (UA78, UA804, UA352)
Deltspygt

Oct 1: UA433-UA893
JeredF +1

Oct 8: UA892-UA242
JeredF +1

Oct 9: BOS-SFO-ICN (UA433, UA893)
BigJC

Oct 13: ICN-NRT-ORD-BOS (UA78, UA882, UA744)
BigJC

Oct 21: BOS-SFO UA433 to SFO-ICN UA893
Sterndogg +1
flyerdude88 (SFO - ICN portion only)

Oct 23: ICN - SFO UA 892
flyerdude88

Oct 27: ICN-SFO UA892 to SFO-BOS UA286
Sterndogg +1

Nov 05: BOS-ORD UA521, ORD-NRT UA881
kokonutz, I012609, BingoSF +1

Nov 11: ICN-SFO UA892, SFO-IAD UA727
kokonutz, I012609, BingoSF +1

Nov 26: BOS-SFO UA433, SFO-NRT UA837, NRT-ICN UA79
thepla

Nov 27: BOS-ORD-NRT-ICN (UA501, UA881, UA196)
BigJC+1

Nov 29: Planning 2 days in TPE, been to ICN
thepla

Dec 1: ICN-SFO UA892, SFO-ORD UA698, ORD-BOS UA961
thepla

Dec 1: ICN-NRT-IAD-BOS (UA78, UA804, UA822)
BigJC+1

Dec 15: BOS-SFO UA433, SFO-ICN UA893
songzm

Dec 25: BOS-IAD UA285, IAD-NRT UA803, NRT-ICN UA79
Dinoscool3 +2

Dec 30: ICN-SFO UA892, SFO-BOS UA444
songzm

Dec 31: ICN-SFO UA892, SFO-BOS UA770
Dinoscool3 +2

Jan 11: BOS-SFO UA1523, Jan 12: SFO-ICN UA893
margarita girl

Jan 12: BOS-SFO UA433, SFO-ICN UA893
Zebranz

14 Jan: BOS-SFO UA433 to SFO-ICN UA893
ORDOGG

19 Jan: ICN-SFO UA892 to SFO-ORD UA698 to ORD-BOS UA961
ORDOGG

Jan 22: ICN-SFO UA892 SFO-BOS UA500
margarita girl

Feb 5: ICN-SFO UA892 SFO-BOS UA242
Zebranz



CMB-DFW EY F

FARE IS GONE

FARE RULES (thanks to SQ421)
FRTLK Fare Rules (RT)
FOWLK Fare Rules (OW)

WHEN ARE YOU FLYING?
Feel free to add any additional cities you're leaving from!
Please slot yourselves in!!!

ex-CMB
Feb

Mar
8 - Darmajaya
12 - Thaidai
22 - Deadinabsentia

Apr
21 - SQ421, penegal, jozdemir
26 - tahsir21

May
28 - Upperdeck744
29 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)

Jun
12 - lelee

Jul
7 - HansGolden +6
8 - arcticbull + 1
11 - bonsaisai's friend (positioning flights: SIN-CMB, DFW-MCI)
25 - Tycosiao
30 - bonsaisai's friend (positioning flights: MCI-DFW, CMB-SIN)

Aug
17 - DC777Fan
26 - Yi Yang
31 - dcas

Sep

Oct

Nov
8 - harryhv
29 - stephem+4

Dec
6 - roastpuff and (soon) Mrs. roastpuff , JFKEZE (UL Code-share)
7 - DWFI
10 - jlisi984 + dad (CMB-AUH-DFW)
21 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)

ex-AUH
Jan

Feb

Mar

Apr
27 - RICHKLHS

May


Jun
29 - yerffej201

Jul
9 - HansGolden +6
27 - Tycosiao

Aug

Sep

Oct

Nov
30 - stephem+4 (to JFK)

Dec
7 - JFKEZE, DWFI [EY161 nonstop]
9 - roastpuff and (soon) Mrs. Roastpuff

ex-DFW
Jan

Feb

Mar
14 - Thaidai
15 - zainman +1

Apr
25 - SQ421, penegal, jozdemir

May

Jun

Jul

Aug
22 - arcticbull + 1

Sep
22 - bonsaisai (positioning flights ORD-DFW, CMB-SIN)


Oct

Nov
19 - harryhv->Paris

Dec
19 - Yi Yang, jona970318
24 - DWFI (EY160 nonstop)
26 - HansGolden +6 (CDG), LwoodY2K (AUH)
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[PREM FARE GONE] RGN First class comes back again!!!!

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Old Jul 6, 2014, 2:51 am
  #10546  
 
Join Date: Apr 2013
Posts: 227
Regulation 261/2004 eu downgrade compensation form?

Does anyone know how I apply for this downgrade compensation?

I asked at Zurich airport this week , was told that they did not know, that there was no customer service at the airport that I needed to inquire online.

While I will make that inquiry, I would hope to do it in person while I am still in Europe -- does anyone have any advice for me please?

Facts are ticket issued by another carrier, Swiss downgraded me from f to y from zrh to yul at the last minute. While I believe their position is that it was not a valid ticket, some things in the fact pattern make that a very difficult position to upheld ( including my communications with the OTA, issuing carrier and Swiss before the travel date, and other things as well).

I do not wish to discuss or appeal to Swiss as they have not been receptive in the past and I feel I have already given them a chance, but would like to make
The formal eu compensation request, perhaps a CtA case if that does not work, and less likely a court case if the first two are not possible. Thank you.
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Old Jul 6, 2014, 2:52 am
  #10547  
 
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Originally Posted by LwoodY2K
Like SFO777 says, only free access when connecting from a oneworld partner. I double checked when I was there and was agreed with.
Now if I'd walked in with the attitude of assuming I should have gotten access, maybe that would have worked.
I plan to write up a summary of the flight parts when I have a proper keyboard and not just a phone. Hopefully tomorrow.
I am OWE, would it be a different story then? I'm under AA code while my partner(OWS) is under EY code.
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Old Jul 6, 2014, 2:53 am
  #10548  
 
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Originally Posted by arcticbull
This is my question too -- I'm scheduled to leave on a UL operated flight the day after tomorrow, I'm planning on showing up *super* early just to be safe.
+1, I'll be on a UL flight too leaving next month, please do write back and let us know how it goes
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Old Jul 6, 2014, 4:02 am
  #10549  
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Originally Posted by Jeremy Humboldt
Does anyone know how I apply for this downgrade compensation?

I asked at Zurich airport this week , was told that they did not know, that there was no customer service at the airport that I needed to inquire online.

While I will make that inquiry, I would hope to do it in person while I am still in Europe -- does anyone have any advice for me please?

Facts are ticket issued by another carrier, Swiss downgraded me from f to y from zrh to yul at the last minute. While I believe their position is that it was not a valid ticket, some things in the fact pattern make that a very difficult position to upheld ( including my communications with the OTA, issuing carrier and Swiss before the travel date, and other things as well).

I do not wish to discuss or appeal to Swiss as they have not been receptive in the past and I feel I have already given them a chance, but would like to make
The formal eu compensation request, perhaps a CtA case if that does not work, and less likely a court case if the first two are not possible. Thank you.
You might have a bit of an uphill battle. EU compensation for downgrades refers to travelling in a lower class than which the ticket was purchased. The CTA has ruled (for the 83, not the original 7) that there was no ticket - ie no valid contract. (In fact the CTA has already addressed Swiss offering to carry passengers in the economy cabin.)

It is perhaps likely that any case for EU compensation would at least refer to the CTA findings in an attempt to escape compensation.
LHR/MEL/Europe FF is online now  
Old Jul 6, 2014, 7:06 am
  #10550  
 
Join Date: Mar 2008
Posts: 4,859
Originally Posted by LHR/MEL/Europe FF
It is perhaps likely that any case for EU compensation would at least refer to the CTA findings in an attempt to escape compensation.
Why the heck would EU care about CTA?

The relevant body to complain would be the national supervising agency, or court. Uphill battle, but any reasonable judge should lough out loud given the CTA decision and "no valid ticket" argument after flying three segments (sometimes with one or two being on the same airline)...
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Old Jul 6, 2014, 8:29 am
  #10551  
 
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Originally Posted by jona970318
+1, I'll be on a UL flight too leaving next month, please do write back and let us know how it goes
I'll write back from the lounge ~20h from now
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Old Jul 6, 2014, 9:31 am
  #10552  
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Originally Posted by LHR/MEL/Europe FF
Some say airlines must be forced to honour a mistake... but don't have an argument as to why they hold that opinion. The argument by some appears to border on the willingness to inflict loss on another party. For what reason?
No, a seller is in the best position mitigate mistakes and is in the best position to prevent them.

LX could have take any of several courses of actions and these tickets would have never been sold in the first place. They didn't and the tickets were issued, that's why LX should honor the tickets.
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Old Jul 6, 2014, 10:47 am
  #10553  
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Originally Posted by Jeremy Humboldt
Does anyone know how I apply for this downgrade compensation?
This course of action has been touted, promoted, discussed and dismissed in this thread. For the EU regulation to work you need to have a valid travel document. SWISS claims you did not have one.

As the EU regulation has nothing to say on contract law, you would need to look to a different sort of legal process to establish that your contract for carriage was in fact sound, then perhaps you might have something to go on.

But by the time you have reached that happy position you will (probably) be the recipient of all sorts of other compensation/damages. And EU compensation would not be icing on the cake: the amount may be offset against any other payments you might receive.


But by all means go ahead. This is the basic legislation:
http://eur-lex.europa.eu/legal-conte...LEX:32004R0261

and here is the list of national enforcement bodies you should address a complaint to in the first instance:
http://ec.europa.eu/transport/themes...ent_bodies.pdf

I'm guessing yours would be FOCA/BAZL, the Swiss civil aviation agency.
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Old Jul 6, 2014, 11:42 pm
  #10554  
 
Join Date: Feb 2007
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Originally Posted by LHR/MEL/Europe FF
You might have a bit of an uphill battle. EU compensation for downgrades refers to travelling in a lower class than which the ticket was purchased. The CTA has ruled (for the 83, not the original 7) that there was no ticket - ie no valid contract. (In fact the CTA has already addressed Swiss offering to carry passengers in the economy cabin.)

It is perhaps likely that any case for EU compensation would at least refer to the CTA findings in an attempt to escape compensation.
It is an interesting situation and I agree that LX would make this argument. Of course, the key difference here is that the OP had a ticket purchased with another airline. Similarly, in my case, I had a ticket with NH. NH, through their words and actions, confirmed to me that I held a valid ticket and that there was a contract for carriage.

My relationship with LX is not a direct contractual relationship as in the case of the CTA complainants. It seems to me that the relationship of the downgraded passengers with LX is akin to that of a subcontractor where they have been contracted by NH (or another carrier) to provide carriage to NH's passenger as part of NH's ticket.

Maybe that is simplistic and incorrect but given I never provided consideration to LX and that my point of call for all matters related to the ticket was NH, it seems that LX should have to take NH's acceptance of the contract as gospel and seek recourse to NH under their contractual arrangements for interline travel.
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Old Jul 6, 2014, 11:56 pm
  #10555  
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Originally Posted by *A Flyer
It is an interesting situation and I agree that LX would make this argument. Of course, the key difference here is that the OP had a ticket purchased with another airline. Similarly, in my case, I had a ticket with NH. NH, through their words and actions, confirmed to me that I held a valid ticket and that there was a contract for carriage.

My relationship with LX is not a direct contractual relationship as in the case of the CTA complainants. It seems to me that the relationship of the downgraded passengers with LX is akin to that of a subcontractor where they have been contracted by NH (or another carrier) to provide carriage to NH's passenger as part of NH's ticket.

Maybe that is simplistic and incorrect but given I never provided consideration to LX and that my point of call for all matters related to the ticket was NH, it seems that LX should have to take NH's acceptance of the contract as gospel and seek recourse to NH under their contractual arrangements for interline travel.
A person may have purchased the ticket from another airline, but it is the carrier who performs the downgrade who must pay the compensation.

So LX's initial response is likely to be 'the passenger has no valid ticket'.

Note that the CTA specifically refers to tickets issued by another carrier in its decision, particularly with reference to a downgrade on the last segment.

The CTA finds that there was no binding contract on Swiss. And that the downgrade was a goodwill gesture by them.

It is likely Swiss would run the same argument if this matter was pursued in Europe.

The question is whether of not they would be successful.
LHR/MEL/Europe FF is online now  
Old Jul 7, 2014, 12:16 pm
  #10556  
 
Join Date: Jul 2013
Programs: AAdvantage, SPG
Posts: 30
I just checked my itinerary and got the following message:

! A modification has been made to your itinerary. Please contact United Reservations to have your ticket reissued.


Called United and my SFO - HND leg had been cancelled on december 22nd. She rebooked me on IAD - NRT instead.
Just for fun, I tried to get her to change my other legs, but she could unfortunately only find Y-tickets between NRT and ICN, and was not ready to give up my business-flight.

Getting a flight canceled might be the way to change the ticket for free
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Old Jul 7, 2014, 9:36 pm
  #10557  
 
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What is the latest on the final five? The answers were due 6/30 and LX had 5 days I believe to respond
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Old Jul 7, 2014, 11:30 pm
  #10558  
 
Join Date: Aug 2011
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Originally Posted by flybob
I just checked my itinerary and got the following message:

! A modification has been made to your itinerary. Please contact United Reservations to have your ticket reissued.


Called United and my SFO - HND leg had been cancelled on december 22nd. She rebooked me on IAD - NRT instead.
Just for fun, I tried to get her to change my other legs, but she could unfortunately only find Y-tickets between NRT and ICN, and was not ready to give up my business-flight.

Getting a flight canceled might be the way to change the ticket for free
Congratulations! Now you got a free ball!
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Old Jul 8, 2014, 12:41 pm
  #10559  
 
Join Date: Jul 2009
Location: DFW
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Posts: 3,670
Originally Posted by IAN-UK
This reasoning looked hollow and self-serving when you treated us to it earlier the thread: though if you find it cathartic, shrug-on
Feel free to quote the (obviously) weakest of my arguments. But if hollow and self-serving are reasons to deny an argument, let's look at calling a fare a "mistake" as a result of a currency conversion six months ago. Let's look at calling a fare a "mistake" as a result of a third party when the third party explicitly warned you this would be an issue.

I have zero tolerance for Round 3 not being honored. The 'mistake' had half a year to be fixed and the airlines were explicitly warned in writing that they needed to take action before the fare went live. Round 3 is no mistake, it is negligence. Period.
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Old Jul 8, 2014, 1:59 pm
  #10560  
 
Join Date: Dec 2009
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Posts: 907
Originally Posted by lewende
Congratulations! Now you got a free ball!
Haha nice! I just checked as well and two flights have departure times changed but only approx. 15 min...wishful thinking but if only one could swap to OZ's A380 in F ex-LAX

Already feel pretty fortunate to be flying lie-flat so can't complain...
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