Downgrading Flight Seats

Spudrick

We have just been told that the 2nd leg of our flight with Cathay Pacific in 3 weeks, 6 days has now been deemed 'short haul' (9hrs 38min) from Hong Kong to Sydney and no premium economy which we paid for and no refund.
As we are flying from Heathrow and the carrier will be the same just a class change as they will be using a smaller aircraft, are we entitled to a refund under Article 10 of EU261/2004.

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 1500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the
European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500
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.

Voyager2002

You can always ask...

malkie76

I don't believe so as its a non EU flight on a non EU carrier.
However you should still refund the difference now they changed planes, but EU261 won't apply.

littlereddevil

Cathay Pacific are excellent and I don't see you having a problem. What did they say when you asked them?

sinizterguy

Teschnically, premium economy is still economy.

So I doubt you will get very far with the whole EU261 thing.

PeacefulWaters

sinizterguy wrote: »

Teschnically, premium economy is still economy.

So I doubt you will get very far with the whole EU261 thing.

Ignoring the EU thing, it's a different class of travel with a different level of comfort and a clearly distinguished pricing approach.

malkie76

It is a completely different product on Cathay, and importantly is ticketed as such. Downgrade is real between ticket premium economy (eg W), to economy (eg Y).

It's not comparable to some airlines which sell economy with extra legroom, or airlines which sell a economy 'premium' cabin which gives free food or drink, but still ticketed as economy. Some airlines do this to avoid the increase in tax associated with a true premium economy product. Cathay on the other hand (along with BA, Virgin, Qantas, Air NZ etc) sell true premium economy products.

Spudrick

Thanks for the responses. Interestingly Article 10 does apply if they are flying from EU. Anyway, after a strongly worded email we are now receiving £400 refund.

littlereddevil

Cathay are very amenable, didn't think you would have a problem.
Not the same though, stuck in economy when you expected better

Voyager2002

littlereddevil wrote: »

Cathay are very amenable, didn't think you would have a problem.
Not the same though, stuck in economy when you expected better

Yes, but Economy on Cathay is a lot more pleasant than Premium Economy on BA.

DTDfanBoy

Voyager2002 wrote: »

Yes, but Economy on Cathay is a lot more pleasant than Premium Economy on BA.

Travelling in the luggage hold on Cathay is probably a more pleasant experience