In short: Under Article 10 of UK261 and EU261, if the operating airline places you in a lower class than you paid for, it must refund 30% (up to 1,500 km), 50% (1,500–3,500 km) or 75% (over 3,500 km) of the price of the downgraded flight, within 7 days, in money unless you agree otherwise in writing. The price is that flight's fare, excluding taxes and charges that do not depend on class (CJEU, Mennens, C-255/15). There is no extraordinary-circumstances exception, and an upgrade can never be charged to you.
What the law says
Article 10 of Regulation 261/2004 has two parts, the same in the UK and EU versions:
- Upgrading (Article 10(1)): if the airline places you in a higher class than your ticket, it "may not request any supplementary payment".
- Downgrading (Article 10(2)): if it places you in a lower class, it must, within seven days and by the means in Article 7(3), reimburse a percentage of the price of the ticket.
The usual scope rules apply. UK261 covers flights departing the UK, and UK or EU airlines arriving in the UK. EU261 covers flights departing the EU, and EU airlines arriving in the EU. Iceland, Norway and Switzerland apply EU261 (see the scope table). The CAA's own downgrading page sets out the same 30/50/75% rule for UK flights.
How much: 30%, 50% or 75%
| Flight distance (great circle) | Refund | Example routes |
|---|---|---|
| 1,500 km or less | 30% of the flight price | London–Paris, London–Geneva, Edinburgh–Amsterdam |
| 1,500–3,500 km | 50% | London–Athens, London–Lisbon, Manchester–Tenerife |
| Over 3,500 km | 75% | London–New York, London–Dubai, Manchester–Singapore |
One wording difference. In EU261 the 50% band also covers "all intra-Community flights of more than 1500 km", except flights between the European territory of EU countries and the French overseas departments. A long flight within the EU therefore stays at 50% even beyond 3,500 km. UK261 omits those words: its 50% band is simply 1,500–3,500 km. Distances are measured by the great-circle method. Our flight distance calculator gives the band.
Which price is the percentage applied to?
Article 10 says "the price of the ticket", which airlines and passengers read differently. The Court of Justice settled it in Mennens v Emirates (C-255/15, 22 June 2016). Mr Mennens was downgraded from first to business class on one leg of a multi-flight ticket. The Court ruled:
- the percentage applies to the price of the flight on which you were downgraded, not the whole ticket;
- if the ticket does not show that flight's price, it is the share of the total price that corresponds to the distance of that flight compared with the total distance of the ticket;
- taxes and charges shown on the ticket are excluded, unless the requirement to pay them or their amount depends on the class of travel.
The CAA's page also says you will likely only get a refund for the part of the journey that was downgraded.
Worked example
You paid £3,000 for a business-class return from London to Dubai. On the outbound flight the airline seats you in economy; the return is in business as booked. The fare breakdown does not price each flight separately, and £400 of the ticket is taxes and charges that are the same in every class.
Fare excluding those taxes: £3,000 − £400 = £2,600. Both flights are the same distance, so the outbound share is half: £1,300. London–Dubai is over 3,500 km, so the refund is 75%: £975, due within 7 days.
The figures are illustrative. Your fare breakdown – and whether any taxes vary by class – will change the result. Ask the airline to show how it calculated its offer, and check it against the rules above.
What counts as a downgrade?
The regulation does not define "class". The clear case is being moved from one cabin sold as a separate class to a lower one: first to business, business to premium economy or economy. The CAA's example is business to economy. A change of seat within the same cabin – losing a paid extra-legroom or window seat, say – is not a change of class under Article 10, though you may be able to recover the seat fee under the airline's own terms.
Downgrades usually happen because of overbooking in the premium cabin or an aircraft swap with fewer premium seats. If you would rather not fly in the lower class, tell the airline before boarding. If you are then refused carriage altogether, the rules on denied boarding become relevant. If you agree to move in exchange for a specific offer, get the terms in writing.
Other rights at the same time
- Delay: if the downgraded flight also arrived 3+ hours late, you can claim delay compensation (£220–£520 / €250–€600) as well, subject to the usual exceptions.
- Care: if you waited long enough, the airline also owed you meals and other care. See flight delay rights.
- Contract and consumer law: the regulation sets a minimum. If your loss is greater, for example on a fully flexible fare, you may have further remedies under your contract with the airline.
How to claim a downgrade refund
- Collect evidence: the booking showing the class you paid for, the fare breakdown, the boarding pass showing the lower cabin, and any note from the crew or gate staff.
- Write to the operating airline citing Article 10(2), the distance band, your calculation of the flight price (using Mennens if needed) and the refund due within 7 days. Our letter generator and template help.
- Insist on money. Miles or vouchers only if you agree in writing (Article 7(3)).
- Escalate if the airline does not pay or underpays: an ADR scheme or the CAA for UK flights; the national enforcement body for EU flights; then small claims.
Time limits follow national law: in the UK, 6 years (Scotland 5) – see time limits. Airline guides: British Airways, easyJet, Ryanair, Jet2.
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Frequently asked questions
How much compensation do you get for being downgraded?
A refund of 30% of the price of the flight for flights up to 1,500 km, 50% for 1,500–3,500 km and 75% for longer flights (Article 10(2)). It is a percentage of the price of the downgraded flight, not a fixed sum.
Is the refund based on my whole return ticket?
No. The Court of Justice held in Mennens (C-255/15, 2016) that it is the price of the flight on which you were downgraded. If the ticket does not show that price separately, it is the share of the total fare that corresponds to that flight's distance compared with the whole journey. Taxes and charges are excluded unless they depend on the class of travel.
Can the airline refuse because of extraordinary circumstances?
Article 10 contains no extraordinary-circumstances exception, unlike the compensation rules for cancellations and delays. If you were placed in a lower class than you paid for, the percentage refund is due.
When must the airline pay?
Within seven days, in cash, by bank transfer or by cheque. Vouchers or miles are only allowed with your signed agreement (Article 10(2) with Article 7(3)).
The airline upgraded me. Can it charge me?
No. If the airline places you in a higher class than the one you paid for, it may not ask for a supplement (Article 10(1)).
Related guides
This guide is general information, not legal advice. We are not lawyers and we are not AirHelp; we receive a commission when a claim submitted through our partner links succeeds. See our affiliate disclosure.
Sources
- Regulation (EC) No 261/2004 (EU261), Article 10 – EUR-Lex
- UK261, Article 10 (upgrading and downgrading) – legislation.gov.uk
- UK261, Article 7 (form of payment, Article 7(3)) – legislation.gov.uk
- Downgrading – UK Civil Aviation Authority
- Air passenger rights: upgrading or downgrading – Your Europe (European Commission)
- Mennens v Emirates, C-255/15, judgment of 22 June 2016 – Court of Justice of the EU
- Alternative dispute resolution (ADR) for air passengers – UK Civil Aviation Authority
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.