slinky09 wrote:Err, hold on, doesn't EU compensation kick in for a downgrade, meaning refund + compensation?
Tonty will be along to correct me, but if so then VS should also be castigated for not automatically making you aware of this.
*waves*
In general for downgrades EU261 states 75% refund (for flights the length VS flies) but no other statutory compensation.
And yes if they are forcibly downgrading they should be making you aware of your EU261 rights.
An issue to bear in mind is that it is unclear if it 75% of the total ticket price or just one leg.
There was a recent court case on this and the judge ruled that it was 75% of the fare for the sector not the entire ticket and then it did not include the fees and taxes element. BA appear to be applying this ruling though. I think because it was MCOL that it does not form a legal precident so could be challenged.
So not so generous as originally thought
HOWEVERThe above applies for
involuntary downgrades and it appears from Jedimum's post that VS
offered her a downgrade in return for a free flight in UC (I assume this is 100% free so no extra fees, taxes or VS surcharges to pay) and did not impose it on them. Actually this is what is supposed to happen - the airline makes offers to passengers first before imposing.
If Jedimum had refused the offer then VS had two options - (i) not downgrade her and make the offer to someone else who might take the offer or (ii) downgrade her anyway at the airport and just offer the EU261.
In those circumstances the compensation offered is very generous and actually appears to exceed anything she would get under EU261.