10/14/2024
DOWNGRADED ON YOUR FLIGHT? KNOW YOUR RIGHTS AND GET THE REFUND YOU DESERVE
Imagine this scenario: You've booked a business class ticket for a long-haul flight, eager to enjoy the extra legroom, premium dining, and lie-flat seats. But when you board the plane, you discover you've been reassigned to an economy class seat in the back. Frustrating, right?
If this has happened to you, you're not alone. Airlines regularly oversell seats or swap in smaller aircraft, leading to downgrades for unlucky passengers. However, many travelers don't realize that they have rights in these situations and are legally entitled to compensation.
In this post, we'll break down the passenger protections in place for downgraded seats in the EU and UK and explain how Click2Refund can help you get the refund you deserve.
What counts as a downgrade?
First, let's clarify what constitutes a downgrade. Every airline has its own classes of service, but typical tiers include first class, business class, premium economy, and regular economy. If you paid for a higher class of service but were moved to any lower class, that's considered a downgrade. Some common downgrades include:
Business class to premium economy or regular economy
Premium economy to regular economy
First class to business class
Airlines need to refund you for more than the difference in ticket price
For many passengers, premium tickets aren’t just about splurging on luxury travel. A lot of people book business class seats because they need to work on the flight, have mobility issues, or have other important health issues that make reclining seats much easier on them.
That’s why EU and UK laws offer a refund from 30% to 75% in the price of the flight ticket. This amount is determined based on the flight distance
We’ll cover your rights in more detail below, but first: why do downgrades happen?
Why more airlines are downgrading passengers
It’s pretty routine for airlines to swap in another aircraft when the original one can’t fly. This is often due to maintenance or operational issues that prevent the original plane from making it to your gate. But sometimes, the plane that can make it is a smaller aircraft with less premium seating, meaning passengers that bought premium tickets might have to settle for a lower-class seat.
First-class seats are also sometimes used when pilots and essential crew need to travel to a new airport. For example, when a pilot at your destination airport can’t make a scheduled flight, the airline might send another pilot to cover the trip. When they do, they’ll put the pilot on a first-class seat to wherever they’re headed and downgrade a passenger’s ticket.
If you fly frequently and it seems like you’re getting downgraded more often, it’s not all in your head.
Airlines have recovered since the pandemic and airports are busier than they’ve ever been, meaning more traffic at airports, more technical issues, and more downgrades. It happens so frequently that many passengers take it as par for the course, as frustrated as they may be.
But often, you do have rights, depending on the jurisdiction your flight operates under.
When your flight has been downgraded: know your rights
When you’re downgraded, it’s important to know your rights. Passengers often get the runaround from airlines that claim they’re not entitled to refund at all, even when they are.
Here’s what your rights are in different countries around the world:
- EU compensation for downgrades
If you're flying with an EU-based airline or any flight departing from an airport in the EU, you're protected by EU Regulation 261/2004. This law sets out clear refund amounts for passengers who are downgraded:
30% of the ticket price for flights less than 1,500 km
50% of the ticket price for flights between 1,500 and 3,500 km
75% of the ticket price for flights over 3,500 km
In cases where there’s two or more connecting flights, your compensation only applies to the flight that was downgraded.
- UK compensation for downgrades
Although the UK has left the EU, it has adopted laws that mirror EU Regulation 261/2004. The refund amounts for downgrades on UK flights with UK-based airlines or any flight departing from an airport in the UK match what's set out above for EU flights.
- Israel compensation for downgrades
In Israel, your compensation depends on the original cabin your ticket was booked in. Passengers are entitled to refund for:
60% of the ticket price for downgrades from First Class to Business Class
100% of the ticket price for downgrades from Business Class to Economy Class.
However, this compensation only applies to the affected portion of the ticket; in other words, if you were only downgraded on one leg of your journey, you’ll only be entitled to compensation for the ratio of that trip, calculated by distance.
- Saudi Arabia compensation for downgrades
In Saudi Arabia, airlines have to refund passengers for the full difference in fare plus an additional 50% of the refunded amount as compensation. If passengers prefer to terminate, the airline has to offer a full refund of the unused ticket price and compensation, equivalent to 200% of the ticket value.
Private airline policies for downgrades
Each airline has its own policy set out in its contract of carriage. Typically, airlines will refund the fare difference as their own contract mandates. So, if you’re flying within a country like the US that doesn’t have flight compensation laws in place
However, if your flight is leaving the EU or UK or operated by an airline in the EU or UK, then you’re covered under EU/UK laws – even if you’re arriving in the US.
If you experience a downgrade on a flight to, from, or within any country, it's worth taking a few minutes to look up the specific passenger rights regulations that apply. Or you can contact an expert at Click2Refund with the details of your case.
How the compensation claims process fails passengers
Unfortunately, knowing your rights is one thing, but doing anything about them can feel like an uphill battle.
First things first: save all documentation, including your boarding passes. Remember that your downgrade won’t show up on the original ticket you booked, so you’ll need to keep evidence that you can show to prove that you’re entitled to compensation/refund.
Most transportation authorities require you to communicate with the airline first. But many airlines tell passengers that they aren’t eligible for compensation, even when they are. Airlines often have sneaky excuses that sound legitimate, but are really just attempts to get out of compensating passengers.
In the case of downgrades, airlines will frequently argue that you need to contact the travel agent for a refund, or that their refund is based on the price of a new lower-class ticket and not on the price you originally paid.
If the flight falls under the jurisdiction of a country that mandates compensation/refund for downgrades, both claims are false.
In many other cases, the airline won’t respond at all and you’ll have to keep following up after weeks or months before you escalate your claim to the appropriate regulatory agency. And transportation authorities often take weeks to process claims, making additional legwork for frustrated passengers.
Finally, airlines often try to skirt laws by issuing a refund for far less than what the passenger is actually owed. For example, an airline in the EU might offer the passenger a refund for the difference in ticket price between their premium and downgraded seat. In the case of first-class flights, that can mean the airline avoids paying out thousands of dollars in compensation.
A recent example from British Airways
Take this letter that appeared in The New York Times in April: passengers from the UK reported that British Airways was compensating them for just the difference in ticket price rather than a percentage of their ticket as they were legally required to do.
The reporter looked into four separate downgrade claims and said all the airlines she spoke with “delayed, obfuscated or otherwise dillydallied before getting me answers.” One passenger reported waiting two years for a refund. When the airline finally complied, the refund was less than what they legally owed her.
Another passenger flying first class from London to New York had their flight downgraded to business class and struggled to get a refund from the airline. The original price of the flight was almost $10,000 for two tickets, so their refund should have been 75% of the ticket price given the distance.
British Airways sent them $1,036 based on their calculation of the difference in fare prices, which is over $6,000 less than what they should have been paid.
Frequently Asked Questions
Q: How long does it take to get a refund for a downgrade?
A: The timeline varies depending on the airline and the specific regulations that apply. The sooner you start the claims process, the sooner you'll get your money.
Q: What if my flight was booked with miles or points?
A: The same downgrade compensation rules apply regardless of how you paid for your ticket. What matters is the ticket price the airline charged and their legal obligations as a result.
A final note:
Getting downgraded on a flight is a frustrating experience, but it's important to remember that you have rights as a passenger. In many countries, there are laws in place that entitle you to a refund of the fare difference and, in many cases, additional compensation.
Don't let airlines take advantage of you. Stand up for your rights as a passenger and get the refund you deserve.
