CNN
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Imagine arriving at the airport only to discover that the seat you reserved and paid for is no longer available.

Unfortunately, you’ve been assigned a lower-class seat.

While it’s not a common occurrence, seat downgrades are more prevalent than you might expect. You could purchase a ticket for premium economy, business, or first class, only to find yourself moved to a standard class at the time of boarding.

This can be particularly disheartening if you were anticipating a lie-flat seat on a long-haul flight, as well as upgraded meal options and a chance for a good night’s rest.

Anton Radchenko experienced involuntary downgrades twice in 2023: once while traveling with Delta Air Lines from New York to Frankfurt, and again on a British Airways route from London to Los Angeles. As the founder and CEO of AirAdvisor, Radchenko was equipped to tackle these challenges.

“I’ve observed that many passengers are unaware of their rights, which can lead to complications,” Radchenko explains. “Airlines often resist providing compensation and might take advantage of passengers’ ignorance regarding the rules.”

Here’s what causes involuntary downgrades and expert insights from Radchenko on how to handle such situations effectively and ensure you receive what you are entitled to.

You may be reassigned to a different seat for a variety of reasons, including a malfunctioning seat, crew rest requirements, overbooking, or changes to the aircraft.

According to Radchenko, overbooking is the leading cause of involuntary downgrades. Airlines aim to maximize profits by selling more tickets than available seats to compensate for potential last-minute cancellations or no-shows.

However, this can result in downgrading if all passengers show up for their flight.

In fact, Radchenko noted that both of his downgrades stemmed from overbooking.

If you find out about a downgrade several days prior to your flight, it may be due to an equipment change. This typically means a different aircraft is being utilized that may not have the same number of premium class seats. With early notification, you can reach out to the airline to explore options for moving to an alternative flight with comparable service.

Crew requirements can also influence seat assignments. It’s essential for crew members to have appropriate rest during lengthy flights to ensure passenger safety. If designated crew rest areas are unavailable, a crew member may need your premium seat for a break.

Record Your Downgrade and Request Compensation

Regardless of the situation, facing a downgrade is certainly frustrating. More often than not, you’ll discover this change either at the check-in counter or while boarding your flight.

Familiarize yourself with your rights regarding downgrades.

If you are unexpectedly downgraded, Radchenko advises that you take initiative. Obtain a written explanation for the downgrade and document everything related to it, including photographs of your new seat, your boarding pass, and any correspondence with the airline. This evidence can be invaluable when filing for compensation.

Radchenko successfully received refunds for both downgrades.

On his flight from New York to Frankfurt with Delta, he was moved from premium economy to the main cabin and received a refund of $1,000.

“Delta provides compensation for customers who are involuntarily downgraded based on their original ticket class and the class they were switched to,” the airline informed CNN Travel. “Fare difference refunds are determined based on the price the customer paid for their original cabin.”

According to the airline, compensation can be provided as SkyMiles, eCredits, or as a fare difference refund.

However, Radchenko encountered some challenges along the way to receiving his refund.

As an expert in aviation and a consumer rights attorney, Radchenko kindly reminded the airline of the Department of Transportation (DOT) regulations stating that passengers have the right to receive a refund for the difference in fare for involuntary downgrades.

He noted that while Delta preferred to offer flight vouchers, he persisted until he received a cash refund, which was his right as per DOT guidelines.

Unfortunately, retrieving refunds for involuntary downgrades can be quite complex due to the ever-changing nature of airline pricing.

It’s crucial for passengers to ensure that the fare difference is calculated based on the price at the time of booking. Radchenko pointed out that airlines often use current prices, which may be lower, to minimize compensation payouts.

For example, if you snagged a great deal on a first-class domestic flight that only slightly exceeds the later-priced economy seat, your refund may not be significant.

“You must be assertive and firmly communicate your stance. It’s important to remain courteous yet resolute in your requests,” Radchenko advises.

CNN reached out to two other prominent legacy airlines for specific information regarding their refund policies but did not get an immediate response.

Delta has introduced an online form for passengers who have been involuntarily downgraded to submit requests for refunds.

Radchenko recommends completing this form as soon as possible.

“The 72-hour window before or after a scheduled flight is critical because that’s when airlines make significant operational decisions such as cancellations, refunds, schedule changes, and rebookings, taking into account factors like weather, crew availability, technical issues, and more,” he states. “Passengers who grasp this system can maximize their compensation, secure favorable alternatives, receive timely refunds, and minimize the risk of being stranded.”

It is also advisable to request additional compensation or perks. Airlines may offer loyalty points or travel vouchers when your requests are compelling.

“For instance, if your arthritis necessitates that you fly in premium class for comfort, a downgrade to economy could seriously affect your health. Therefore, you have a legitimate basis to question this inconvenience and seek appropriate compensation,” he emphasized.

Regardless of your specific case, providing a detailed explanation about how the downgrade has negatively impacted you increases the chances of your claim being acknowledged and prioritized.

When flying within the European Union or traveling on an EU airline, you have additional protections due to EU Regulation (EC) No. 261/2004, a regulation designed to protect passengers from cancellations, delays, and overbookings.

The UK has incorporated this regulation as UK261 post-Brexit, meaning it also applies to flights from the UK. This regulation significantly simplified Radchenko’s claim process after his downgrade on the British Airways flight from London to Los Angeles.

Under this regulation, compensation for involuntary downgrades can range from 30% to 75% of your ticket price, depending on the flight distance.

Radchenko’s journey from London to Los Angeles exceeded 3,500 kilometers, resulting in a refund of 75% of his ticket price, approximately £7,500 out of his £10,000 fare. He achieved this refund by simply reaching out to British Airways customer service and providing his flight details.

Notably, this regulation did not apply to his Delta flight from New York to Frankfurt since it only covers flights departing from EU airports or operated by EU carriers.

While there’s little you can do to prevent a downgrade, preparing ahead of time can be beneficial.

Radchenko suggests booking flights early and checking in promptly to enhance your priority status in case of an overbooking scenario.

Maintaining loyalty to a single airline can also help. If business class is overbooked, a frequent flyer with elite status is far less likely to be downgraded compared to a sporadic traveler.

The DOT continuously revises air passenger rights regulations.

It’s beneficial to stay informed about these rules to understand your entitlements in the event of an unforeseen incident—whether it’s a rare downgrade or a more common flight cancellation or delay.

Being well-prepared, knowledgeable about your rights, and having a clear action plan can significantly ease a challenging situation.