Advice please - Etihad refusing compensation for involuntary downgrade

[MEL_Traveller]

My understanding is that if you book a ticket through a travel agent, your contract is with the agent, and the agent has a contract with the airline. If you need a change to the airline ticket, you have to go through the agent because they own the booking. If the airline does not perform, you sue the agent and the agent sues the airline unless both the airline and the passenger agree to come to a direct arrangement.

This all involves the law around agency. The travel provider is the principal. Others selling services on behalf of the principal are their agent.

That doesn’t mean that there mightn’t be some other form of relationship between the travel agent and the passenger... the travel agent is required to take due care and provide accurate advice (etc). And the agent may be subject consumer laws so they can’t be misleading or falsely advertise (etc). But the contract for travel is between the passenger and the airline. If there are problems, the passenger is free to go to the agent, but ultimately it is the airline that is responsible, and the passenger has a course of action directly against the airline.

(The name also gives it away They are called travel ‘agent’.)

 

[Caversham04]

My understanding is that if you book a ticket through a travel agent, your contract is with the agent, and the agent has a contract with the airline. If you need a change to the airline ticket, you have to go through the agent because they own the booking. If the airline does not perform, you sue the agent and the agent sues the airline unless both the airline and the passenger agree to come to a direct arrangement.

In terms of service on the day, the OP was offered a flight on the day of a lower class, or a transfer to the original class on another day/routing. I am guessing a full refund would also have been available. The passenger's negotiating position is much stronger before accepting any one of these remedies. If a partial reimbursement might have been sought then the time to do it was before accepting the flight change.

In terms of fair compensation, one way would be to work out the total time from start of journey to end of journey and work out the actual percentage of time spent in the economy seat. Then calculate the difference in cost for the entire journey in both economy and business. Then take the percentage of the price difference that equates to the time spent in the economy seat.

I was assured verbally by the lounge angel that compensation would be provided by VA - she tried to organise it on the spot but VA's systems apparently didn't allow it (perhaps because it was an Etihad-ticketed flight, although the ticket for the economy downgrade had (from memory) a VA flight number). On the basis that everything was in the system and would be processed through Customer Services on my return, I got on the flight.......

 

[JohnK]

I have just done a search on plane fares ADL-LHR and MEL-LHR in J with Emirates - dummy date 10 December. The fare costs more from MEL than ADL. So looking at dollar amounts is not going to be your friend.

I'm struggling to understand some of these arguments.

The length of flight is irrelevant. The cost of the flights is irrelevant. A service was purchased and this was not delivered as purchased. A business class upgrade or enough points in compensation for a business class flight on that sector would be the minimum expectation.

What if the routing was ADL-SIN-LHR in business and there was a downgrade of the ADL-SIN leg to ecomomy? SIN-LHR is more expensive than ADL-SIN-LHR. That in itself means absolutely nothing and shouldn't factor in the calculations. I'd expect full compensation for an ADL-SIN leg or the difference between business class on that sector and the cheapest economy fare not the walk-up economy airfare.

This response is no different to the response we've bern giving on the Qantas downgrade threads.

@Caversham04, don't take any notice of some of these comments and keep fighting for compensation.

 

[serfty]

If this had been rhe other direction, the travel could have come under EU 261/ 2004 since the return journey originated at LHR.

Do this calulation:

0.75 x
Total $fare paid x
Distance MEL-ADL /
Total distance travelled ADL-MEL-AUH-LHR-AUH-MEL-ADL.

It may not work out that much ..

(Note that +++ would likely be insignificant in relation to the total fare so no adjustment has been made - the compensation would be slightly less.)

 

[MEL_Traveller]

If this had been rhe other direction, the travel could have come under EU 261/ 2004 since the return journey originated at LHR.

Do this calulation:

0.75 x
Total $fare paid x
Distance MEL-ADL /
Total distance travelled ADL-MEL-AUH-LHR-AUH-MEL-ADL.

It may not work out that much ..

(Note that +++ would likely be insignificant in relation to the total fare so no adjustment has been made - the compensation would be slightly less.)

If the fare was $7000 it would work out to about $94 according to my calculations. Although the EU compensation calculations don't include taxes fees and charges? So that would be slightly less than that.

 

[MEL_Traveller]

I'm struggling to understand some of these arguments.

The length of flight is irrelevant. The cost of the flights is irrelevant. A service was purchased and this was not delivered as purchased. A business class upgrade or enough points in compensation for a business class flight on that sector would be the minimum expectation.

What if the routing was ADL-SIN-LHR in business and there was a downgrade of the ADL-SIN leg to ecomomy? SIN-LHR is more expensive than ADL-SIN-LHR. That in itself means absolutely nothing and shouldn't factor in the calculations. I'd expect full compensation for an ADL-SIN leg or the difference between business class on that sector and the cheapest economy fare not the walk-up economy airfare.

This response is no different to the response we've bern giving on the Qantas downgrade threads.

@Caversham04, don't take any notice of some of these comments and keep fighting for compensation.

The difference betwen the OP's case and those we have previously discussed on AFF (for example the Qantas downgrade of EmilyP) is that in the other cases it was a downgrade due to overbooking.

In those cases Qantas essentially sold the same seat twice, for (let's say) $3000 but then want the downgraded passenger to sit in a seat that only cost $500. The airline pockets the extra $2500 as pure profit.

In the OP's case it was a cancellation, and as a percentage of the ticket, the difference in fare is negligible. The airline isn't 'making money'. There might be some recourse under Australian consumer law, but I think (?) there is a baseline test that has to be applied to the 'loss of enjoyment' aspect... like a 'significant' loss of amenity (or something like that). A 399 mile sector out of 21000 miles total may not qualify.

 

[serfty]

Although the EU compensation calculations don't include taxes fees and charges?

No they don't, but this can be significant in some cases such as the difference between UK APD and it's 'reduced rate' for economy - not relevant here.

 

[bernard]

Hi there, sorry to learn about what happened. Please send us your case number or email address via pm, or to any of our social media channels e.g. Facebook Messenger, Twitter . We will look into it and follow up your claim. Thank you. *Ari

I’ve flown Etihad to Europe in J and F before, but after this display of pettiness I’ll be flying SIA in future.

I had flown twice with them over the years and had bad experiences especially communication, refunds etc. No luck claiming anything. Haven't and refused to fly with them again. Using Qantas, Cathay, Swiss, Etihad and Singapore Airlines mostly now.