VS41 26th Jan- downgrade

Hi all,

I was on the vs41 on Thursday 26th jan, which took off 3 hours late due to the following 1) over run engineering works, 2) tyre replacement, 3) fault with a door and 4) downgrading all PE cabin due to previously mentioned faulty door. The flight arrive only 2 hours late in the end.

We were told we were being downgraded after they had called PE boarding and getting on the plane only to find the seats blocked off. So when we got off the plane and to the gate desk we were told that were were being downgraded to economy and would be give a free return PE flight as compensation.

I have noticed the PE voucher says " thanks for giving up your seat" but we weren't given a choice not to give it up!!

Is this right protocol and compensation?

Under EC261/2004 an involuntary downgrade entitles you to a refund of 75% of the fare (not including the taxes & fees) you paid for the affected leg.

You will have to claim this from VS. There should be a form on the website. Accepting any goodwill gesture they choose to make (eg the offer of a free flight) does not affect your right to claim under EC261/2004.

[Neil]

Under EC261/2004 an involuntary downgrade entitles you to a refund of 75% of the fare (not including the taxes & fees) you paid for the affected leg.

You will have to claim this from VS. There should be a form on the website. Accepting any goodwill gesture they choose to make (eg the offer of a free flight) does not affect your right to claim under EC261/2004.

Just to clarify, you are entitled to claim 75% of the cost of your full ticket, not just 75% of the leg you were downgraded on.
We were downgraded in 2013 and just like us, VS havent fulfilled their legal obligations and made you aware of your right to claim under the EU regulations, you should contact them asap as the regs state you should be refunded within 7 days of the flight.

Sadly that is no longer the case Neil, following a ruling last year which clarified that compensation is only due for the affected leg.

Makes sense I suppose - doesn't seem quite fair that someone travelling business class from, say, Dublin to Tokyo via London should get 75% of potentially £3,000 back just because they were downgraded on the DUB-LHR leg.

The full ruling is here - paragraph 29 deals the killer blow.

http://curia.europa.eu/juris/document/d ... 63385#ctx1

Very informative thread, thanks folks.

From the link Gumshoe helpfully posted :

to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased.

So, am I right in thinking that the OP will also get the £146 PE APD already paid - £73 E APD now due on downgraded leg = nett £73 refunded too?

Tim - yes. The difference in the APD should also be paid back so £73. Should not be included in any calculations when working out the downgrade reimbursement.

Nite that for a downgrade EU261 only requires reimbursement. There is no statutory compensation due.