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A downgrade without a refund? Here’s how to fight back

October 2, 2007

Here’s an all-too-familiar problem: You pay big bucks for a first-class airline ticket. But the day before your departure, the airline downgrades you because of an equipment change — it’s a smaller plane — and then offers credit vouchers to make up for having to endure a flight in economy class. How about a cash refund? No can do, says the airline.

That’s what happened to Brenda Tolley, a reader from New Orleans. Except that she fought back. And won.

How? Here is Tolley’s story:

I purchased two round trip tickets for $3,684 from New Orleans to Shannon, Ireland in November 2006 and was confirmed in business class for a July 2007 departure. Delta changed the plane to a flight with no business class and failed to notify me. On June 5, 2007 I found this out and Delta gave me two vouchers for $676.26 to be used in one year. I asked Delta to please credit my American Express or give me a check, not vouchers for the difference. They declined my request. Delta sold me something they could not deliver.

Tolley’s rights to a refund are covered under Rule 260 of Delta’s General Rules Tariff. And although it doesn’t appear to specifically address an involuntary downgrade, I think most reasonable people would expect to receive a refund of some kind.

I’m willing to bet that if you read the tariff on Tolley’s ticket, it would say the ticket is not fully refundable, which is probably why Delta took the position that it did. Not to pick on Delta here — I’m working with American Airlines on a similar case.

At any rate, Tolley took her case to the higher-ups at Delta, and was turned down. Then she asked American Express to intervene and reverse the charges.

Yesterday, I received the following e-mail from her:

I want to thank you for your help. American Express was able to get a credit for me and I returned the vouchers to Delta. I do believe I will be charging all future travel purchases on my American Express, as they will go to bat for you, should there be a problem. Delta did not cooperate with me in any way. I called, emailed and wrote. They denied my requests, but American Express was successful in getting a credit for me. Thanks again for your assistance and helpful information. Please continue to write your much-needed column for all of us travelers.

Sounds like a happy ending, and an important lesson learned. If you get forcibly downgraded, don’t bother asking the airline for a refund. Talk to your credit card company.

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

6 comments

  • Lisa

    There are so many people that say the same thing about AmEx. I hate the annual fee, but they went to bat for me against Marriott a couple of years ago and saved me $1700. I just consider it my insurance premium against crappy business practices now.

  • http://members.aol.com/ajaynejr Allan J.

    I would have thought that airlines would want to give first class treatment to passengers who actually purchase first class tickets.

    Otherwise why would those passengers want to buy first class again or suggest that anyone else try?

    Result: A lot of money that the airline could have made but did not.

    First class treatment includes a cash refund that is greater than the difference between the price paid and what the passenger could have had by booking coach to begin with.

  • Randall

    I had the same thing happen to me with an award ticket. I flew Delta using double the miles to get around the limited number of first class seats. They switched aircraft and I flew coach. I asked to be moved to an aircraft with first class and they said they couldn’t do that. There were two connections and the flight was late so I missed my connection. They didn’t put me in first class on the next flight. I had to overnight in SLC because of this and then I made it home the next day.

    Since it was an award ticket, are they obligated to compensate me in any way (miles or the like) or is it in the fine print that they can do whatever they want? Thanks.

  • James

    Since this flight was flying to an EU Country would she have had rights under the EU rules as well?

    James

  • Lynn R.

    I am glad for Ms. Tolley that American Express solved her downgrade problem with Delta. I had just the opposite experience. I had charged a full fare, fully refundable/changabe economy (Y class) ticket on Continental from Chicago to New York and believe it or not, I got stuck in the hotel elevator for an hour and missed my flight. I did all the right things, sent the ticket via Fed Ex, signiture required, to the airline for a refund. Continental claimed they never received the ticket, so no refund. American Express made me repeat the process three times over the next year and I got nowhere. Continental signed for the ticket but refused to acknowledge responsibility. Finally American Express told me they could do nothing for me and it was now between me and the airline. I was a Gold card member for over 30 years, paying an annual $75 fee, and they just abandoned me. I called directly to the airline’s refund department. They said if the ticket had not been used, I was indeed entitled to a refund. It hadn’t, and my card was credited the very next morning. I called Amreican Express, furious that I could do in one day what they had taken a year and one half to fail to do, and cancelled my card. Even that took them six months! I will never ever have an American Express card again.

  • http://vivarome.com Richard Callaby

    Thanks for sharing this story. I am sorry that this happened to you and I do feel that you were cheated. It makes me want to get an AMEX blue card knowing that they will fight for me if something like this ever happened. So I guess I should get to know all of the rules that most of the airlines have so as to protect myself as well. Knowledge here is true power. Glad it all worked out for you.

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