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Frightening mid-air engine troubles caused a Swiss Air flight headed to Miami to return to Zurich last June. Michael and Marsha Kistler were on that flight — seated in premium economy. Just before the departure of the ill-fated flight, they paid around $1,500 for a boost out of economy class.
On the replacement flight the next day, Swiss Air switched the aircraft and revoked the couple’s upgrade. The Kistlers’ seat assignments reverted to their original location in the economy cabin for the ten-hour flight home.
The couple expected Swiss Air to promptly refund the $1,500 they paid for the upgraded seats on the aborted flight. But two months later, when that refund was nowhere in sight, the Kistlers contacted Consumer Rescue.
Here’s this couple’s frustrating story.
Accepting an offer to upgrade a flight on Swiss Air
The Kistlers were waiting to board their flight home as they reminisced about their lovely trip to Switzerland. Suddenly a gate agent made an announcement that caught their attention.
“They [Swiss Air agents] offered a $793 upgrade to Premium Economy,” Michael told me. “That sounded good to us. It was a nearly 11-hour flight.”
Michael leaped out of his seat, intent on securing the upgrade for him and his wife. As one of the first passengers at the gate counter, Swiss Air issued premium economy upgrades for them both.
Shortly thereafter, the Kistlers and all the other passengers boarded the flight. The couple settled into their comfy upgraded seats on the airplane, and it soon took off.
When the pilot turned off the “fasten seat belts sign, the flight Attendants began “preparing” for the dinner service.
However, several hours into this flight across the big pond, things took an unpleasant turn.
“We heard the pilot say we had engine problems,” Kistler told me. “It was a bit shocking and concerning. He [the Swiss Air pilot] said he was turning the plane around.”
Concerning is an understatement.
An aborted Swiss Air flight and a forced downgrade
That Swiss Air flight made its way back to Zurich and safely made an emergency landing.
As the passengers left the aircraft, they were met by Swiss Air representatives. There was no way to rebook the plane load of displaced customers that evening. They would be staying in Zurich overnight.
The EU261 regulation requires airlines to provide basic duty of care for their passengers (Hotel, food, and transportation to and from the airport) in the case of a flight delay or cancellation leading to an overnight layover. That’s true regardless of the reason for the flight interruption. The Swiss Air employees gave the passengers the details of where they would be staying and information about the replacement flight the following afternoon.
“We were directed to a hotel, and we also received a voucher for dinner and breakfast,” Michael confirmed. “The next day, we were brought back to the airport.”
Although the Kistlers were well taken care of in Switzerland, they got a surprise the next day.
“We assumed our paid upgrade would transfer to the new flight home,” Michael told me. “But that wasn’t the case. Our new boarding passes showed seats in the middle of the plane — regular economy class.
The couple made no complaint at the time. They were just happy to be heading home. They figured Swiss Air would automatically take care of the refund for their “downgrade” back to their original seats.
That would prove to be a lofty assumption.
“Dear Swiss Air, Where is our upgrade refund?”
After the Kistlers returned home, they waited patiently for their upgrade refund to arrive.
“I sent multiple emails asking Swiss Air to refund our upgrade,” Michael explained. “My messages received no response.”
After two months, the Kistlers were at the end of their rope. They sent their request for help to Consumer Rescue.
For two weeks, we called Swiss Air, attempting to get our money back. We fought with bots, were hung up on, and were told that we had to go through our travel agency to get the refund. Although we had booked our flights through Road Scholar, its agents told us they had nothing to do with the upgrade since we purchased those directly from Swiss Air at the gate. We need your help!
Michael Kistler
When I reviewed the couple’s paper trail, it seemed apparent that they were owed a refund for the upgrade. After all they had only spent a few hours in the premium economy seats on the aborted flight. Service had been halted when the pilot declared the emergency. Surely, the airline would agree the couple didn’t get what they paid for.
Since Swiss Air is a carrier that I have always found to be quick to respond to passenger complaints, I wondered what had gone wrong here.
It was time to ask our executive contacts at Swiss Air why the Kistlers were still waiting for their refund.
The good news from Swiss Air: Here’s your refund
I sent the Kistlers’ case over to Swiss Air, and within just a few days, their battle was over. The airline processed the full refund for the upgraded seats they didn’t receive on their flight home.
In gratitude, Marsha posted a review of her experience on Consumer Rescue’s Facebook page.
We spent hours trying to get a refund from Swiss Air for an upgrade to premium economy which we never enjoyed due to a change in aircraft. We argued with bots, representatives from all over the world and anyone we could reach when trying to contact Swiss Air and explain our situation. We were owed nearly $1,600!
Out of desperation, we contacted Michelle at Consumer Rescue. After she had gathered all of the documentation we needed, she contacted Swiss Air to plead our case. Just a few days later, we received an email from Swiss Air apologizing for our travel experience and informing us that they were processing a full refund. After dealing with this for four months, it’s finally resolved — to our full satisfaction! Thank you, Michelle, for working your magic! We are very satisfied (and impressed) customers!
Marsha Kistler
One more happy Consumer Rescue “customer” 😄
You’re very welcome, Marsha! That is why Consumer Rescue is here!
Related: Welcome to Switzerland – now you’re going to jail!
What to do if an airline revokes your upgraded seat
If you purchase an upgrade and the airline is ultimately unable to fulfill its end of the deal, it should promptly refund the upgrade fee. What’s more, you may be owed additional compensation depending on the reason for the downgrade, the airline and the flight’s origination.
Here’s what to keep in mind if you lose your upgraded seat on a flight:
1. Find out why your upgrade is not available
In today’s case, the reason for the unavailable upgrade was clear. The engine troubles forced the original flight to turn around, and the replacement aircraft wasn’t the same. That equipment change made it impossible for Swiss Air to provide the upgrade it had sold the Kistlers the previous day.
It’s critical to know why your upgrade is not available to determine what, if anything, the airline owes you beyond a refund.
EU261 has specific compensation rules about involuntary downgrades. That is, if the loss of the upgraded seat was the result of something the airline could control. For instance, if the carrier needed space for crew or an agent miscalculated available upgrades, those would be circumstances the airline could control.
For an involuntary downgrade on a long-haul flight like the Kistlers’, EU261 requires compensation equal to 75 percent of the airfare for that specific leg. However, engine troubles or other in-flight emergencies are not generally considered “controllable” by the European Commission. For that reason, the Kistlers were only entitled to the refund for the fee they paid Swiss Air for the upgrade.
Related: EU 261: Things you need to know about flight delays and cancellations in Europe (my report for The Points Guy)
2. Keep your upgrade receipts organized
Until you have completed your flight or the airline has refunded your unfulfilled upgrade, it’s crucial that you keep your receipts.
Unfortunately, some of the last-minute offerings at the gate can be a bit disorganized and not well-documented. This is especially true if you’re traveling internationally, where your receipt may be in a foreign language. Make certain that the receipt shows that your payment was for an upgraded seat. If you get on the aircraft and your seat assignment is not in the cabin you paid for, you’ll need that document later.
Bonus tip: Jot down the name of the airline employee selling you the upgrade at the gate.
3. Secure the details of your refund in real time
If your flight returns to the gate, it’s important to get your upgrade refund confirmed at that moment. It’s much easier to fix troubles in real time rather than days or weeks later — after you’re thousands of miles away.
In the Kistlers’ case, Swiss Air provided them with a dinner voucher and a hotel for the night. The refund for the upgrade or assurance that it would transfer to the new flight should have been confirmed at the same time those arrangements were being made.
4. Escalate your upgrade refund request
If your initial request for a refund doesn’t get results, it’s time to escalate your complaint within the airline.
Remember, a credit card dispute should only be initiated as a last resort. Even if your bank approves a chargeback, the airline can pursue the debt elsewhere. You could also find yourself on the “no-fly list.” For these reasons, filing a credit card dispute is not often an efficient way to solve a problem like the Kistlers’.
Related: Credit Card disputes: Everything you need to know before you file one
If you have a valid complaint, as the Kistlers did against Swiss Air, you must get your refund in a way that doesn’t risk the airline banning you and damaging your credit rating.
If you need help finding a customer-facing executive contact at the airline, send your request to Your Research Valet at Consumer Rescue. We will provide you with the contact information of a real person who we know has a history of helping passengers at the carrier.
5. Keep your message to the airline concise, clear, and cordial
After you have the executive contact to send your complaint to, you need to make sure your message will be well received. Keeping your consumer complaint concise, clear and cordial will give you the best chance of a positive outcome.
Related: Swiss Air denied boarding to me by mistake. Help!
The bottom line
Thankfully, once you’re onboard your flight and sitting in your upgraded seat, it’s incredibly rare to lose it. Most flights don’t reverse course in mid-air. But if yours does and the airline is forced to retract your upgrade, then you’re owed a refund.
Of course, if things go wrong and you need to be rescued, you know where to go. Consumer Rescue is always here for you — providing mediation that is fast, friendly, and always free! (Michelle Couch-Friedman, Founder of Consumer Rescue)
