Should Airlines Be Liable for Aircraft Model Changes?

Should Airlines Be Liable for Aircraft Model Changes?

Recently, a blogger posted a video claiming that they had originally planned to take a business class flight with Xiamen Airlines but were " downgraded." Meanwhile, consumers have also reported purchasing business class tickets for large aircraft but finding themselves on smaller planes upon boarding. Such transport contract disputes are not uncommon.

As carriers, airlines are obligated to provide transportation services in accordance with agreed terms and standards. Article 821 of Civil Code of the PRC stipulates that if a carrier unilaterally lowers service standards, it shall refund the ticket price or reduce the fare at the passenger's request; if it improves service standards, it shall not charge additional fees. 

In cases of "involuntary downgrades" or "changes from large to small aircraft" caused by force majeure (e.g., weather or air traffic control), and if the airline can prove it has taken necessary notice and remedial measures, its legal liability may be reduced or exempted in accordance with the law. However, if an airline unilaterally lowers service standards without the passenger's consent, passengers have the right to request a refund or fare reduction, and may also claim compensation for reasonable losses caused by the downgrade, such as lost work fees or hotel accommodation costs (e.g., due to transfer delays). 

Previously, a court ruled that an airline lowering a passenger's first-class ticket to business class constituted a reduction in service standards. In another case, a passenger who was assigned a smaller aircraft than indicated at the time of booking sued and was awarded 1,000 yuan in compensation. The court held that the airline's unauthorized change of aircraft model without prior notice constituted a breach of contract. 

We advise consumers to carefully read airlines' regulations on aircraft model changes and cabin adjustments when purchasing tickets. In the event of "involuntary downgrades" or aircraft model changes, promptly preserve relevant evidence, such as booking screenshots, notification text messages, and recordings of communications with customer service. Consumers may file complaints with civil aviation authorities or consumer associations, or safeguard their rights and interests through legal action in court.

* We also published Chinese version of the post today in case you need it.