This week the Compensation Clinic deals with EC 261/2004 downgrade compensation case where Turkish Airlines had downgraded a reader to economy on a short-haul segment.
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Here’s the email from the reader:
My TK flight class was downgraded during early January, and should fall within this category: “30 % of the price of the ticket for all flights of 1500 kilometres or less.”
This was the shorter segment of 2-leg return flight, costing 2k EUR. how do they usually calculate 30% value?
This happened during weather problems in Istanbul. However if I understand correctly, weather only voids compensation for delay, not downgrade.
Perhaps you could do an article on this, I don’t remember seeing one before.
Here’s the compensation offered by Turkish:
I got 233 eur on 2100 eur ticket (LJU-IST-PEK C return; short haul downgrade). Probably prorated per miles as you say.
Here’s what the EC 261/2004 says:
Here’s the distances flown:
I am not sure how Turkish had come to conclusion of refunding 233 euros. The total flown miles are 10,421 and the downgraded segment is 805 miles.
If you try to come up with a LJU-IST segment value, the most sensible calculation would be (2100/10421)*805 = 162 euros. This is less than the refund provided by Turkish Airlines.
EDIT: Outbound or Inbound?
A reader left a comment below about if this happened/would have happened on the return portion. It doesn’t matter because Turkey has implemented their own passenger legislation that is identical to EC 261/2004.
You could argue that the refund here should be 75% of the value of the downgraded segment as long as there was no intended stopover in Istanbul.
Could be that the internal value that Turkish Airlines has assigned for the short-haul segment is greater than the prorated one and thus the compensation calculated is correct.
Do any other readers have experiences with EC 261/2004 downgrade compensation? There are many delay compensation cases that we have covered here on LoyaltyLobby but this is the first downgrade one.