Dear Tripped Up,
Last year, my husband and I splurged on round-trip first-class tickets on Japan Airlines from San Francisco to Tokyo for $13,474 each. We reserved them in February for an October flight through American Express Travel. On the same day, I also bought business class tickets for a couple who was traveling with us at $8,429 apiece. In September, Amex notified me that we had been downgraded to business class for the return flight. JAL’s conditions state that we would receive “the difference between the normal fare amount of original class of service and for the normal fare of lower class of service.” To me that means that since the difference between our first class seats and our friends’ business seats was $5,045 each, we should be refunded about half of that — around $2,522 per person — for the second leg. But we got only $941 each. I contested this with Amex Travel, but they rejected our claim. Can you help? Teri, San Francisco
Dear Teri,
I’ve been collecting stories from readers about downgrade disappointments recently, so I looked not only into yours but also stories from four other travelers — three of whom believe they were stiffed by British Airways and another by Avianca.
All three airlines I contacted delayed, obfuscated or otherwise dillydallied before getting me answers, but let’s start with your travel agent, American Express.
“We worked with the card member and merchant to the best of our ability to resolve the issue,” wrote Emily Vicker, a spokeswoman for Amex, in an emailed statement. “Card members wishing to pursue additional compensation requests need to do so directly with the airline.”
As you said to me, you did not follow up with Japan Airlines because an online link that Amex sent you led to a form that said it was only for those travelers who had booked with JAL directly; others should deal with their travel agent. Gary Leff, the writer behind the travel site View from the Wing, told me you should have ignored that. “Follow all avenues to advocate on behalf of yourself,” he said.
Could Amex have done more? It’s impossible to tell, and Japan Airlines, responding only to my third email, said that it “has verified that the amount applied was accurate and was based on the difference of the First Class fare originally purchased and the applicable Business Class fare with the same fare conditions as the original ticket for the sector involved.”
But that is just a restatement of the company’s terms and conditions. So I wrote back with a spruced-up version of your argument. Your original first class seats cost $13,474 round trip, so although the two legs may have varied somewhat in price, I simplified and said for each way, each ticket would cost $6,737. JAL refunded you $941 for each ticket, which means they consider the value of the business class seats you ended up in, on the return, to be $5,796.
But your friends’ business class seats were just $4,214 each. And every business class fare I can find for flights from Tokyo to San Francisco on the JAL site in recent days (except for last minute fares) is well under $5,000. Could they explain their calculations?
I did not hear back.
So I turned to Mr. Leff. He noted that simply knowing what another business class seat cost on the same flight does not mean that if you had bought four seats on that day rather than two, the third and fourth seat would have been the same price — airline pricing algorithms are notoriously complex and opaque. And there is no way to know if the leg back from Tokyo (the one you were downgraded for) was actually cheaper than the leg there, as your Amex invoice doesn’t give a breakdown.
But Mr. Leff still took your side, mostly. The $941 refund “strikes me as unreasonable,” he said, “especially given the not ironclad but very persuasive evidence of tickets bought on the same flight on the same day.”
Anyone who finds themselves in such a situation must realize, unfortunately, that it’s impossible to know exactly what their refund should be. “I don’t think there’s an organization beside the airline itself that has the data,” said Anton Radchenko, chief executive of AirAdvisor, a company that assists fliers in receiving compensation from airlines. But he added that in most cases, airlines do offer fair compensation.
Then he told me something I didn’t know — that flights starting in Britain or those operated by British carriers have set rates for downgrades depending on the length of the flight: a 30 percent refund if under 1,500 kilometers (around 932 miles), 50 percent between 1,500 and 3,500 kilometers, and 75 percent for longer flights. The European Union and Canada have similar rules.
Alas, such fixed reimbursement rates only work if you can get the airlines to refund you in the first place. All three British Airways customers faced, instead, a wall of customer service nonsense.
A British Airways spokeswoman, Catherine Wilson, apologized for the delays and said the airline aimed “to process refund requests as quickly as possible.” But even after my intervention, only two of the three got refunds — and for less than British regulations seem to demand.
In late 2021, Mark from San Diego and his wife were flying home on British Airways premium economy from Split, Croatia, via London and Dallas, but missed a connection. They were rebooked in economy on Virgin Atlantic and tried for two years to get reimbursed when finally, in December 2023, they were told they had agreed to the downgrade, which he denies. (It shouldn’t matter anyway, both Mr. Leff and Mr. Radchenko said.)
They finally received $746 from British Airways earlier this week. But the full cost of their original round-trip itinerary (two tickets from San Diego to Ljubljana, Slovenia, and back from Croatia) was $5,821, and it is unlikely that their refund could account for 75 percent of a premium economy trans-Atlantic flight. British Airways confirmed they calculated the difference in fare rather than using the parameters laid out by the British government and offered no explanation to me as to why.
A year later, Cynthia and her partner had a very similar situation, missing a British Airways premium economy connection in London on their way home to Los Angeles, ending up in economy. They had booked through a travel agent, who tried unsuccessfully to get a refund. Then Cynthia ran into a brick wall when she tried herself. She has still not received a refund.
In the third British Airways case, David of Carmel, N.Y., and his wife were booked to fly first class from London to New York when their flight was canceled. On their rebooked flight, they were downgraded to the equivalent of business class. Their initial request for a refund was rejected by someone who almost comically misread their complaint, responding that they were not entitled to compensation because their flight had arrived with only “18 minutes delay.” Subsequent calls to customer services led nowhere. And even after I got in touch with the airline, another representative wrote the couple with the coup d’absurdité: They were not entitled to a refund because “based on our research, your final flight was in First Class, hence there is no downgrade refund due for your booking.” (I can attest that their boarding passes say otherwise.)
British Airways did finally send the couple a refund, of $1,036, this past Saturday. But their original fare for first class (plus a short hop from Amsterdam to London on the return) was just under $10,000 for both, which presumably means the return flights from London to New York cost a total of close to $5,000. Again, British Airways said it calculated the difference in fares rather than the appropriate percentage of the original fare. I have advised David to look at Britain’s Civil Aviation Authority’s guidance on rejected claims.
The case with Avianca ended on a more positive note. Alan, of Riverside, Calif., and his wife were booked on a business class flight from Los Angeles to Buenos Aires via Bogotá this past February. But Avianca replaced that direct first leg, to Bogotá, with two legs — Los Angeles to San Salvador, El Salvador, and then on to Bogotá, with a three-hour layover. For these new flights, the couple was placed in economy, with no business-class lounge access, no free meals and no word about compensation.
Rolando Damas, Avianca’s sales director for North America, Central America and the Caribbean, explained in a statement that the airline suspended that direct Los Angeles-to-Bogotá flight in January and had offered most passengers either a full refund or compensation for the downgrade. But it had trouble communicating with a few passengers, including some who had booked through a third party, as was the case with Alan.
The airline has now offered Alan and his wife $580 each, and they have accepted.
Most of the time, airlines do refund fare differences promptly and accurately, but clearly there are holes in the system. If the airlines stymie any future refund requests, I suggest contacting a company like AirAdvisor or registering a complaint with the appropriate federal agency, like U.S. Department of Transportation. This process can be slow but often prods the airlines into action, said Mr. Leff. However, if the airline has done something as specifically absurd as reject your downgrade refund because your flight arrived almost on time, send me a copy so I can add it to my collection.
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