Flight cancellation and delay and downgrade

Pinkky4

I didn’t think it was supposed to be the upgrade difference x 75%, my reading is that it should be 75% of the ticket price (poss excluding tax) so definitely over £100. I might be wrong though. 

CKhalvashi

Pinkky4 said:

I didn’t think it was supposed to be the upgrade difference x 75%, my reading is that it should be 75% of the ticket price (poss excluding tax) so definitely over £100. I might be wrong though. 

There is no mention of taxes in the legislation. 

As these are not optional I would deem it to be 75% of the full fare, including taxes. This is a significant penalty for the airline and therefore this is the only thing that would make sense to me.

Caz3121

CKhalvashi said:

There is no mention of taxes in the legislation. 

As these are not optional I would deem it to be 75% of the full fare, including taxes. This is a significant penalty for the airline and therefore this is the only thing that would make sense to me.

there was case in 2016 that ruled - "261/2004 must be interpreted as meaning that, the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed to that passenger, where he is downgraded on a flight, is solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased."

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CJ0255&from=ENhttps://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CJ0255&from=EN

CKhalvashi

Caz3121 said:

CKhalvashi said:

There is no mention of taxes in the legislation. 

As these are not optional I would deem it to be 75% of the full fare, including taxes. This is a significant penalty for the airline and therefore this is the only thing that would make sense to me.

there was case in 2016 that ruled - "261/2004 must be interpreted as meaning that, the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed to that passenger, where he is downgraded on a flight, is solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased."

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CJ0255&from=ENhttps://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CJ0255&from=EN

I forgot about that one, thanks for that Caz.

APD would be applicable in this case (although whether it should be £13/£26 or £160-ish will be up for debate on a broken ticket in this way). I book tickets for APD avoidance a few times a year at least for this reason.

I'm not sure how the airlines involved calculate their taxes, so this may need to be re-calculated.