What Happens If I’m Downgraded On A Flight?

After securing business or first-class flights the last thing you want to happen is to be downgraded, particularly on a long-haul flight where you might be looking forward to a bed! This normally happens when the airline has overbooked the flight, there is an equipment fault, or an equipment change. In this post, we are going to look at what rights you have when downgraded on a flight.

I’ve been downgraded on a flight. What happens next?

Flight downgrades to/from the UK are governed by UK law UK261 (on EU/UK Airlines) which is basically an identical clone of EU261 (which you might be more familiar with.) There are some small adjustments, for example, compensation is now dictated in pounds sterling rather than euros. The law that enshrines this is the rather long named – The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 – which you can read here – https://www.legislation.gov.uk/uksi/2019/278/contents?regulation-3-1. You can read the original EU261 here – https://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

Article 10 covers downgrades which states…

If an operating air carrier places a passenger in a class
higher than that for which the ticket was purchased, it may not
request any supplementary payment.

If an operating air carrier places a passenger in a class
lower than that for which the ticket was purchased, it shall
within seven days, by the means provided for in Article 7(3),
reimburse

(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or

(b) 50 % of the price of the ticket for all intra-Community
flights of more than 1 500 kilometres, except flights
between the European territory of the Member States and
the French overseas departments, and for all other flights
between 1 500 and 3 500 kilometres, or

(c) 75 % of the price of the ticket for all flights not falling
under (a) or (b), including flights between the European
territory of the Member States and the French overseas
departments.

The law is very clear here. Depending on the length of your flight you should be refunded between 30% and 75% of your ticket cost if they downgrade you. The refund only applies to affected sectors so if only one leg is downgraded you’re only entitled to a partial refund of that leg, not the whole flight.

The easiest way to make your claim is to call or email your airline directly BUT you must do so after you’ve flown the affected leg. As per Article 10, you should get a refund within 7 days, if you don’t, contact your Airline and let them know. If they refuse your refund ask them for a deadlock letter and take them to MCOL or CEDR arbitration. Sadly many Airlines just hope you disappear and don’t continue your claim… so make sure you do!

If you want to move to a nearby date/route because of the downgrade remind the airline of your entitlement for a refund under UK261 after you’ve taken your downgraded flight. You might find availability magically open up as often it’s cheaper for them to reroute you than give you a refund.

What if my booking was made with points/2-4-1 voucher?

It doesn’t matter if you book with points or if you also use a 2-4-1 voucher from your BA Amex or Virgin Credit Card, you are still covered by UK261. The guidance in UK261 section 3.3 is very clear…

This Regulation shall not apply to passengers travelling
free of charge or at a reduced fare not available directly or
indirectly to the public. However, it shall apply to passengers
having tickets issued under a frequent flyer programme or
other commercial programme by an air carrier or tour
operator

(we’ve highlighted the important bit in bold)

You are entitled to a refund even if your booking was made with points AND if you are using a 2-4-1 voucher. If an Airline tries to dispute that because you used a 2-4-1 voucher one ticket is free and thus no refund is due they are WRONG. The guidance in UK261 section 3.3 is very clear that the regulation applies to tickets issued under a frequent flyer programme or other commercial programme by an air carrier.

Seeing as a 2-4-1 voucher requires you to put a certain level of spend on a credit card and perhaps pay an annual fee depending on the card you have, it’s clear that such a voucher has intrinsic value (you could of also put spend elsewhere for other benefits) you then used this voucher to purchase an additional ticket alongside yours.

If you need to go to MCOL and you’ve used points for your flights it’s important you clearly lay out the value of those points. You should value the points at whatever the Airline sells them for e.g. 1.6p and then multiple that by the cost in points adding any additional ‘taxes & fees’ you were charged.

If you used a 2-4-1 voucher it’s important you lay out clearly the value that such a voucher has & that the appropriate refund is 2 times the tickets cost ((points cost x cost airline sells points for) x 2) don’t forget to add any additional ‘taxes and fees’ you were charged. Whilst this process may seem daunting as long are you are very clear in your argument and reference the appropriate bits of legislation you will eventually see your refund!

Downgraded On A Flight Conclusion

Whilst it’s never nice being downgraded on a flight you can often use your knowledge of the law to your advantage securing a reroute. If the Airline is unwilling to budge make sure you detail everything and file the relevant claim to ensure you get your refund. Do you have any tips for anyone who’s been downgraded on a flight? Let us know!