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[PREM FARE GONE] Mad-scl biz $280 return

[PREM FARE GONE] Mad-scl biz $280 return

Old Aug 23, 2022, 12:04 am
  #1411  
 
Join Date: Jun 2022
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Originally Posted by hamallu
Congrats, how did you manage to convince them to put you back into business class?
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).
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Old Aug 24, 2022, 6:59 am
  #1412  
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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.

Originally Posted by NovaTV
Out of curiosity - had we accepted downgrade for Economy, isn't it a case for 75% refund due to involuntary downgrade? Or am I missing something here?
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.
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Last edited by Pat89339; Aug 29, 2022 at 11:08 am Reason: Consecutive posts
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Old Aug 24, 2022, 8:29 am
  #1413  
 
Join Date: May 2013
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Originally Posted by SK AAR
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.
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 doesnt 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.
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Old Aug 25, 2022, 7:10 am
  #1414  
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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.
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Old Aug 25, 2022, 7:43 am
  #1415  
 
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Originally Posted by 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.
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.
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Old Aug 25, 2022, 7:50 am
  #1416  
 
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Originally Posted by 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.
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 rebooking 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
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Old Aug 25, 2022, 11:02 pm
  #1417  
 
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Originally Posted by 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 rebooking 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
Can I change the dates of flying if its different from the dates on the original J ticket?
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Old Aug 26, 2022, 5:08 am
  #1418  
 
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Originally Posted by WorldTraveler001
Can I change the dates of flying if its different from the dates on the original J ticket?
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)
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Old Aug 26, 2022, 5:09 am
  #1419  
 
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Anybody have any insight why only some recursos were successful? Allegedly LATAM hasn't even responded to ours.
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Old Aug 26, 2022, 5:12 am
  #1420  
 
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Originally Posted by ChocolateFactory
Anybody have any insight why only some recursos were successful? Allegedly LATAM hasn't even responded to ours.
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
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Old Aug 26, 2022, 5:15 am
  #1421  
 
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Has anyone with the 1k fare *not* gotten the call yet?
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Old Aug 26, 2022, 5:15 am
  #1422  
 
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The way I understood it, they didn't respond to it at all.
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Old Aug 26, 2022, 5:41 am
  #1423  
 
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Originally Posted by leftysauce
Has anyone with the 1k fare *not* gotten the call yet?
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

Originally Posted by ChocolateFactory
The way I understood it, they didn't respond to it at all.
You have seen this on your case?
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Old Aug 26, 2022, 6:05 am
  #1424  
 
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Originally Posted by pmarrsouth
Same as some people who paid $350 to an OTA still having theirs intact without ever being questioned
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.

Originally Posted by pmarrsouth
You have seen this on your case?
No, where can I find my case?
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Old Aug 26, 2022, 7:46 am
  #1425  
 
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Originally Posted by 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?
Check the link (and instructions) on pages 92 and 93.
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