IB: Downgrade to economy at boarding after upgrade during check-in

[yonasl]

Only Iberia would be as stupid as to sell a Business upgrade at check-in only to then downgrade me at the gate without any notice. What are my rights?

ECO ticket was bought for 4,500 Avios plus GBP 55 LHR-MAD
At check in (day before flight) I was offered the chance to upgrade to Business for EUR 55. I took it as the A330-300 has a nice reclining seat.
During boarding I am given an ECO ticket and sent to the back of the plane!

I have asked IB to refund the EUR 55 (I prefer that to getting 30% of the total ticket paid). But is there anything else I can get? Shouldn’t I have been told in advance of the downgrade to select a different flight instead?

PS: As an FYI, this happened because they changed the plane to a A330-200 with less Business seats. There were 8 downgrades based on status.
The cool thing of being in ECO is that IB are so bad they allow ECO passengers to leave the plane before business! (well, there is no order and the larger flow of ECO passengers simply keeps those at the front of the plane stuck and unable to get to the door located behind their cabin)

[AJA]

Per EC261/2004 involuntary downgrade:

Article 10
Upgrading and downgrading
1. 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.
2. 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.

[yonasl]

AJA wrote:

Per EC261/2004 involuntary downgrade:

Article 10
Upgrading and downgrading
1. 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.
2. 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.

Indeed, would rather get my EUR 55 back than (a). Since the upgrade was bought separately and then never provided I suppose IB should refund that or AMEX will cancel the payment (service not provided). Any past experiences?

[meta]

As @AJA posted, that’s pretty much all you will get. Be prepared that you might have to take them to MCOL as they won’t be forthcoming.

They have ignored my request for downgrade compensation and just sent an email citing ‘extraordinary circumstance’ and stating this is their final answer and won’t be responding to any further correspondance with a note that they will also not engage in any arbitration process.

Sent them LBA, today is their last day to respond…

[AJA]

You could try doing a chargeback via Amex on the basis that you didn’t receive the service. Not sure if it will work though but on the basis nothing ventured nothing gained why not just ask.

[JDB]

AJA wrote:

You could try doing a chargeback via Amex on the basis that you didn’t receive the service. Not sure if it will work though but on the basis nothing ventured nothing gained why not just ask.

You can do that, but you first need to attempt to resolve it with Iberia and keep that correspondence as evidence for Amex.

[PeteM]

meta wrote:

They have ignored my request for downgrade compensation and just sent an email citing ‘extraordinary circumstance’ and stating this is their final answer and won’t be responding to any further correspondance with a note that they will also not engage in any arbitration process.

Well that’s quite definitive, isn’t it, gosh! 🙂

[yonasl]

JDB wrote:

AJA wrote:

You could try doing a chargeback via Amex on the basis that you didn’t receive the service. Not sure if it will work though but on the basis nothing ventured nothing gained why not just ask.

You can do that, but you first need to attempt to resolve it with Iberia and keep that correspondence as evidence for Amex.

AMEX have been quite good in the past. I once paid EUR 18 for seat selection in economy only to pay EUR 40 at check-in for a business upgrade (that includes seat selection). IB wouldn’t refund the EUR 18 even if their own T&C say seat selection fees will be refunded if you upgrade to a class that includes it.

I wrote a letter to Amex as I asked for a charge back and they refunded without much hassle. I actually think IB did refund months later so maybe got the money twice.

[yonasl]

An update on this one:

– Bought IB economy ticket with Avios + cash
– During checking online was offered an upgrade to business, paid €50 for it
– Plane change means I got changed to a different seat in economy

IB eventually refunded the €50 paid. I did not chase BA for the original TPs I could have got flying business as the ticket was indeed Economy to start with. I did not need to use EU261 or similar and the result may have been worse as I would be due 1/3rd of the price paid and I would have ended with a mix of EUR and Avios to the value of ~€50