Elena2611

I didn't do anything, I just expressed my surprise for the mail I received with the change to economy and the person on the phone offered to change it back to business. I don't think that my new tickets are correct (I am not able to select seats without cost via app either).

SK AAR

If you have received a new ticket No. and is able to select seats in business class (for 50 USD) I wouldn't be concerned/you should be good to go. Just forget about seat selection for now and choose your seat at check-in.

No chance. This is not a downgrade in the meaning of EU Reg. 261/04. IB will argue that you never had a valid ticket for business class.

NovaTV

Theoretically airlines could always argue there was no valid ticket, even when the one is downgraded at the airport. Are we at mercy of airlines to recognize existence of a valid ticket? This doesn’t sound right, but I am not an expert in this area.

PS. I recall some Ethiopian fare a couple of years ago when downgraded passengers received 75% refund so I thought it was because they had to.

PPS. I already requested refund from IB, so purely theoretical discussion from my side.

SK AAR

If the pax show up at the airport with a valid ticket for Prem Eco. Business or First, obviously, the airline can't downgrade and at the same time allege that pax had no valid ticket. This is the situation that EU Reg. 261/04 was intended to cover (i.e. when the airline is unable accommodate pax in the service class that pax has a valid ticket for). It was not intended to cover situations where the airline disputes that the pax has a right to travel in premium class and revokes the ticket/rebook the pax to a lower service class, e.g. Economy class. This is not a downgrade in the meaning of EU Reg. 261/04.

megaloman

Well, there's evidence out there from CEDR and MCOL that when you booked e.g. First Class but got to travel in Business Class because of the equipment change that happened weeks/months before travel, this would grant you the 75% fare compensation - particularly BA likes to lure it's customers to "refund a fare difference", which could be negligible and not the actual 75% compensation as granted by the regulation.

In this case airlines claim a technical case - IIRC there was a number EU rulings that said in case of technical error airline was required to fly them in the originally booked class.

So it's not as clear as you'd like to portray it. It all depends on the details, when and what was communicated. If OTA or Airline claim it was a technical error - then, unfortunately for them, they ought to honour them. IMHO.

pmarrsouth

FYI, many people who booked this ticket and then eventually agreed to fly it in Y got a voucher (easily converted into $$$ and be sent to a bank account, I am told) from LATAM. This voucher amounted to 75% of the fare paid. Others, albeit seemingly a lot fewer, paid just 25% of the original fare when they agreed to fly it in Y - ie paid for J with an OTA, got full refund from OTA, dealt with LATAM directly for “re”booking in Y, and paid 25% of the original price paid for the J ticket

LATAM set the precedent on this, whether one wants to state it was due to EC261 or not. imo, and not a lawyer etc, by LATAM doing this, they basically stated that one had a real J ticket originally

WorldTraveler001

Can I change the dates of flying if it’s different from the dates on the original J ticket?

pmarrsouth

The standard seems to be +-10 days from the original dates

The not so standard, and presumably you need to get connected to a dream agent, is any date change you want (some brought it in by months, so they could MR it before the courts made a decision)

ChocolateFactory

Anybody have any insight why only some recursos were successful? Allegedly LATAM hasn't even responded to ours.

pmarrsouth

It honestly seems completely random, like a flip of a coin if the ONI was approved or not - I compared myself and another FTers filing and they are near identical, same jurisdiction, one denied and the other not. If you DM me your name, I can probably find your case

leftysauce

Has anyone with the 1k fare *not* gotten the call yet?

ChocolateFactory

The way I understood it, they didn't respond to it at all.

pmarrsouth

FYI it was not a $1K fare. It was the same fare but with YQ. If IB/LA are not liking the fare then that would indicate that they wanted all tickets with that fare basis cancelled.


Saying that, there are bound to be some that have yet to be hit for whatever reason. Same as some people who paid $350 to an OTA still having theirs intact without ever being questioned

You have seen this on your case?

ChocolateFactory

Guess it can take some time. Someone I know just got their Seat24 booking refunded by the OTA (without any previous contact from either side) 2-3 days ago.

No, where can I find my case?

jms_uk

Check the link (and instructions) on pages 92 and 93.