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I wonder if someone could help me on the 7th July we were flying las vegas to Man with virgin at check in my husband was downgraded to premium due to a broken seat in upper class he was given a letter that stated he would get 35,000 flying points in compensation
This flight was paid for with a voucher and flying club miles then we bidded up to upperclass which was excepted 2 days before the flight
There first offer was refund of the upgrade money and 5000 virgin which I decline straight away
We have now been offered the original 35,000 miles i was given at checkin and a refund for the bid upgrade price do you think this is fair outcome
I was also downgraded to premiumYou are confusing two things here.
Legally, you get 75% of what you paid for that half of the trip. They need to pay you this. The fact you bought an upgrade is immaterial. The trip cost is what you originally paid plus the upgrade price.
ON TOP Virgin has given you an extra 35,000 points but this does not take away your legal right to a 75% refund. If you were asked to sign something giving up all your legal rights it is not binding.
Thank you for the reply how would this work out we paid £960 for 2 premium seats with miles and voucher return then upgraded both ways for £880 each way they have actioned the refund for the return leg upgrade £880 my husband did mention about the eu compensation only to be told this is only for flight cancelations and didn’t cover downgrades
Accept the 35000 points and refund of the upgrade payment. Then look at the email with ticket price breakdown that you got at time of booking and look at the numbers. subtract the government taxes and claim back 75% of the rest of the payment including points by assuming a 1p/point valuation. The compensation is calculated based on the equivalent value of the points and any cash (surcharges) you paid for the downgraded sector
Suppose you booked a long-haul flight (>3,500km) in business class using 20,000 points+ £400 in surcharges (per person), and you are downgraded to economy:
points refund: 75% of 20,000 = 15,000 Avios per person
Cash refund: 75% of £400 = £300 per person
No refund for government taxes or airport fees
You may need to request these refunds explicitly
Read more on https://www.headforpoints.com/forums/topic/downgrade-compensation-advice-2/
best of luck
@virgincompo – I don’t believe the advice above is the correct way to proceed as it mixes pounds and points, values those points at only 1p which is madness and appears to accept the 35,000 points as part of your statutory compensation when it’s an ex gratia payment additional to and quite separate from your EC261 Article 10 rights. It’s additionally clear it must be ex gratia when Virgin advises that downgrades don’t attract compensation.
I would be writing back to VS thanking them for the ex gratia 35,000 but that they haven’t addressed the downgrade compensation which, contrary to their incorrect assertions, you are entitled to be paid within seven days pursuant to EC261 Article 10(2)(c).
VS is entitled to reimburse/compensate you in points for the element you paid in points so you need to set out in the simplest clear way possible, ideally in a table, each amount you paid in cash fir the downgraded sector x 75% (after deducting any actual disbursements which should be shown on your e-ticket), and the points x 75% and all this needs to incorporate the value of the voucher as well.
Give them 14 days to pay your total claim of £xx failing which, say you will escalate to AviationADR or MCOL where you will be claiming the cost of the points at their full purchase price (of x.xxp) plus court fees and interest at the County Court rate as applicable.
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