Forced Seat Changes on Airline

I was recently flying a trans-continental flight from the east-coast to the west-coast on Virgin Australia. I had booked the ticket with seat selection months in advance to get a window seat.

At the last minute when I scanned my ticket at the gate, I was told there was a seat change as there were families on board that wanted to sit together so I got moved to a middle seat without being offered any compensation.

I personally think that poor planning on someone else’s part shouldn’t constitute an emergency or loss on mine as this was an almost 5hr flight. If they wanted to change me it should have been to an equivalent (such as another window) or better seat. Otherwise, some other form of compensation should have been offered.

My question is, has this happened to anyone else and what happened when it did?

EDIT: I would also like to add that the family that was in my seat was all well in their mid-20s at least and did not have young children which definitely added to my frustration.

Updates:
01/11/2024 - https://www.ozbargain.com.au/node/874444#comment-15873272

02/11/2024 - https://www.ozbargain.com.au/node/874444#comment-15876083

04/11/2024 - https://www.ozbargain.com.au/node/874444?page=1#comment-1588…

07/11/2024 - https://www.ozbargain.com.au/node/874444?page=2#comment-1589…

11/11/2024 - https://www.ozbargain.com.au/node/874444?page=2#comment-1590… (Final Update and Resolution)

Poll Options expired

  • 10
    Yes, it has and I wouldn’t care
  • 63
    Yes, it has and I was not happy
  • 587
    No, but I would not be happy
  • 16
    No, but I wouldn’t care

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Comments

  • +24

    Did you pay extra line item for that seat specifically? If so, definitely entitled to compensation or refund.

    If not, and it’s just a normal advance seat booking as part of overall ticke, then most airlines claim there’s no guarantee to them and they may change you for operational reasons. It sucks, but what to do.

    • +62

      I paid extra for the fare type that included the seat selection. If I paid less I wouldn’t be allowed to select a seat so I feel like part of the extra I paid is for the seat selection.

      I just think the whole situation is unfair as it’s not because of a weight or balance reason but because of another passenger’s poor planning.

      • +15

        I agree with you. Manners would be to politely ask you first.

        • +13

          Yes an email has been sent to the airline and I will definitely be following up on a call when I have some time as their wait times aren’t exactly the most pleasant.

          I believe that as I paid for seat selection in general I should have got some benefit out of it. At the end of the day the seat selection on the more expensive fare has real value which I wasn’t given.

        • +33

          you paid for advance seat selection in general, but not paid for that seat specifically

          That argument holds no water.

          If the customer has been offered and made a selection before payment, yes they have indeed paid for that seat specifically. If their seat selection is changed without consent then they did not get what they have paid for.

            • +23

              @Hybroid: If the airline has overridden the selected seat, then you didn't get what you paid for - choice

            • +1

              @Hybroid: Just because it’s not a specific line it doesn’t mean I didn’t pay for it. It is listed on the website as a benefit so I should get it.

              By the same logic they shouldn’t honour business class seats because selecting the business fare includes other benefits such as lounge/priority boarding.

          • @Switchblade88: Yea it holds no water. Is like paying for fast pass in Disneyland but because there was not enough staff to open the fast pass lane they were forced to queue up in the normal queue.

      • +1

        Agree 100% all the way

        You should have argued the point and demanded your seat back.

      • If you paid by credit card, lodge a chargeback with your bank, showing booked seat and flown seat. What they sold is not what was delivered.

        You'll get your money back in 2 month, you'll need to provide your boarding pass as evidence. I did this with Qantas.

        • How much did you charge back for the seat change?

    • +17

      How's Alan by the way?

    • -3

      Username checks out.

    • Say hi to Voldemort.

  • +2

    Happened to me once. Picked a window seat (didn't pay for seat selection though; this was pre-Virgin 2.0) and got moved to 9A (iykyk) … and was also stuck next to a family with a baby who kept dropping their rattle on the floor.

    • Perhaps if you paid a bit more, you could have saved them.

      Great work payless!

    • Jeez dude, time to go outside for some fresh air.

  • +12

    Virgin seem pretty inept at this. Me and my partner were travelling with our baby and so we paid for seat selection so we could be together. At checkin they gave us our tickets and the seats were not the ones we booked, and were no where near together. We told the staff that we paid specifically to sit together and there was no way we could be separated since we had a baby. Fortunately they were able to get us together by forcing someone else to move.

    I contact customer service later on to get our refund as we didn't get the seats we selected even though we paid to do so and they did (eventually) sent us the money back. I also told them that whatever process they used to decide which ticket holders they would force to switch seats with should account for things like families traveling with a baby, doubt anything has changed though

  • +16

    Same thing happened to my parents with Qantas, 7 hours international flight. They moved them on one of the leg to other seats which were worse and I have paid for their seat selections. I called them up to ask for a refund for the seat selection ($40 per person so $80 in total) and they wouldn't budge and simply told me they cannot do anything. I had to do a charge back on my credit card and have not heard anything back from them.

    Horrible customer service.

    • +7

      Agreed. Qantas is the dregs. Terrible service, and as we have discovered in recent weeks, illegal practices.

      If you are persistent, they may give in. I had a return flight to Sydney booked a few years ago, and took out Qantas insurance. I got sick and couldn't fly (ear infection), and sent them the sick certificate and requested a refund. They refused at first, but I dug in and argued that it was THEIR insurance policy, and that they had to honour it., and eventually after three or four phone calls over a month, they finally reimbursed me.

      I only use them for domestic flights with frequent flyer points. Everything else is with another airline.

      • +1

        Qantas have found it cheaper to bribe our politicians with free upgrades and lounge access than provide good service.

        Bribing/lobbying politicians is good business sense in Australia.

    • +1

      In situations where a business has partially unfulfilled the good/service you paid for and you want to do a charge back, can you do a partial charge back or must it be the full amount?

    • +2

      You spelt CoMpEnSaTiOn! wrong.

      • Im new at logic.. apologies.

    • +16

      Exactly, I'm so tired of hearing consumers wanting what they paid for!

    • +2

      Why does everyone expect compensation for everything these days

      OP paid extra for the seat.

    • +20

      Well I’d like to think that when I pay for a service I receive it. I paid and selected 2 months in advance and they didn’t so I don’t see why I need to subsidise someone else’s choices.

      • -3

        How do you know they didnt?

        Virgin could be on the "double-take"

        Id argue a seat swap is acceptable..
        a) if its a better seat or upgrade
        b) if its subject to your agreement

        • +2

          Maybe they did pay but I find it unlikely that Virgin would intentionally create issues like this if they could stop it before-hand.

          I agree with your conditions for a seat change. It’s not just me, it’s Virgin Australia’s own terms and conditions which states that when they force a seat change it should be equal or better otherwise I should be compensated.

  • +4

    Annoying and you are well within your rights to ask for compensation as you did not get what you paid for.

    However, how much do they charge for seat selection if you just paid for that by itself? Maybe around $25-$40? Is it worth chasing them? It's up to you decide if it is or notl

    • +1

      Yeah to me it was something that had to be dealt with at the time, it's not about the compensation. (Otherwise I'd be saying it was a bad experience and the compensation needs to be a replacement flight so I can have the experience I paid for.)

      Actually I'd be trying a clawback of the payment - OP didn't get the product paid for.

    • +18

      Only happens when the airlines started charging extra for seat selection..

      • It might seem a small problem, and I gotta admit I'd consider a middle seat slightly less terrible than a window seat, but some might have thier reasons for needing a particular seat.
        I probably wouldn't fly if I couldn't get an isle seat. The one time I was put in the middle, I stood with the aircrew until they told me to get lost. I apologised but said I couldn't go back to that seat, so they put me in a row of my own.

        I can't see how it costs the airline any more whichever seat I'm in, so I won't pay for seat selection. I take my changes on getting an isle, and ask to be changed if I don't, and then would cause a fuss as above if I don't get my way.

        • Why don't you like window and middle seats?

  • +14

    Once whilst checking in for a flight (Heathrow to JFK) I was asked whether I was ok with a change with similar reasoning as OP. I agreed and didn't really think much of it at the time. Only after I boarded did I realise the lady had upgarded me to business class.

  • EDIT: I would also like to add that the family that was in my seat was all well in their mid-20s at least and did not have young children which definitely added to my frustration.

    Weird they didn't all get grouped together in the middle seats, airline is clearly inept.

  • I paid extra for a bulkhead seat on Turkish to Europe. Aircraft type and time got changed due to operational reasons. I got given the option of cancelling for no charge or paying $50 to keep my flight. I paid the $50 but due to the new aircraft having an extra row in front of my selected seat, my 'premium' seat was now in the second row. Asked for compensation and was told 'too bad, you accepted the terms when you paid extra to keep your flight'.

    • Luckily, I would never agree to pay extra.

  • It's happened to me but as long as Im not split from my companions then I dont care.

    Sure, it's frustrating. But for the airline it's a puzzle of 300+ customers all wanting their own thing and no one willing to pay for the privilege or upgrade.

    • +7

      Well the issue is I DID pay. If they wanted to change someone who didn’t pay for seat selection or did the bare minimum of asking then it wouldn’t be a problem.

      • -2

        Did you get a window seat or upgrade to extra legroom?

        If not, present ticket to customer complaints anda sk for refund of that portion.

        It's not for flight or gate crew to manage.

        • No, I got changed from a window to a middle seat. I have raised a complaint and will wait (probably a long time) for a reply from the airline.

          • +3

            @just-human: I hope you get it. People book those seats for a reason (I book aisle because I hate inconveniencing people with my toilet trips and leg stretches).

    • +3

      But for the airline it's a puzzle of 300+ customers all wanting their own thing

      It's really simple: as part of the purchase you choose from remaining seats. If none to your liking, you choose a different flight.

      The only problem is when airlines try to squeeze more money by charging fees for choosing seats, leading to the big squabble at checkin.

  • +24

    Recently had a similar situation where I booked an aisle seat and a stranger was at the window. We thought we dodged a middle passenger until shortly before takeoff, a family came aboard, so I suspect standby passengers. The wife and kid were further down, and husband was seated in the middle between me and the other guy. He asked if we would swap with his family, which meant myself and window guy would have switched to two middle seats. Nope! He gave us glares and acted sh^tty during the flight; neither of us was fat, but we were both men with both broader than average shoulders, so it admittedly was a pretty crummy flight for family man. But IMO, if it was that important for him, they should have booked earlier and paid for assigned seating. Don't be a cheapskate then have an attitude when other people don't cave just because you brought your kid.

  • +13

    Happened on a recent EK flight. At the gate was told I had a change and they had split my partner and I as a result of needing to accommodate a family. It was a 7 hour flight. When we booked months ago the plane was only a third booked. How is it my problem of people book after us? Rounded out a generally poor experience with EK.

    • +4

      Yeah I agree that’s not really fair on you. Family or not it’s not your responsibility to pay for someone else’s poor decision making.

    • I'm amazed that they told you the reason. No way I would have accepted that. If they didn't give a reason maybe you'd have no valid argument, but that doesn't cut it IMO. (Surely they didn't know you were flying together??)

      It's times like that that you need to have checked luggage. They won't want you not to board, so all the aces are in your hand.

      • The captain holds all the aces. He'll ask you to deplane for being uncooperative and your checked bags will get a free return trip.

  • +43

    Update 1: I emailed and the customer care agent said sorry, not sorry and told me I wasn't entitled to a refund or any compensation. I called and was told I would get a callback the same day. I did not. I followed up with the following email and will call their main line in the morning:

    First I would like to express my severe disappointment in your service. I was promised by multiple agents that I would get a call back from the appropriate team on 01/11/2024, however I did not get a call back. This shows a lack of care and respect for my time and is quite frankly consistent with the experience I have gotten on flight VA***.

    Secondly, I have taken the time to read through your Terms and Conditions for Seat Selection to provide supporting evidence to my case. Virgin Australia relies on the consumer being either unknowledgeable or unwilling to pursue appropriate compensation for their inconveniences. This is first done by making it impossible to call or be transferred to the complaints resolution team over the phone, and when a callback is promised, it is never actioned. However, on a matter principle, I am continuing to pursue this.

    The following points support my claim:
    1. I booked my seat months in advance and it was included as part of my Economy Choice fare. This is supported by Section 1.3 of the Seat selection terms and conditions which states "Guests can select a standard Economy seat without incurring a fee when flying on a Virgin Australia fare which includes standard Economy seat selection in the price of the fare.". This establishes that I paid for the service as this clause states the fee is included in my fare.

    1. I was changed to a worse seat (not like-for-like) without my permission and was informed only at the gate after check-in. As such, I am requesting compensation by the amount of the seat selection fee as allowed under Section 2.2(b)(iii) of the Seat selection terms and conditions which states "If you pay a fee to select a standard Economy seat, you are entitled to a refund of the fee you have paid for the seat in the following circumstances: […] we changed your standard Economy seat either before or after boarding in accordance with clause 1.11, and you were not provided with a standard Economy like-for-like seat (”like-for-like” being another seat which is the same seat type (window, middle or aisle) in the two rows in front of or behind your original selected seat.". Under Australian Consumer Law, I am also entitled to a refund as I did not get the service which I paid for. This establishes that I have the right to request a refund as Virgin Australia did not meet their definition of a "like-for-like" seat as I was changed from a window seat to an aisle seat.

    2. I was forced to ensure hours of phone calls and many emails to rectify an issue that should not have occured. Not only was I not offered just compensation at the gate, I had to follow this up over the phone, including speaking to three people who said they could not help without the complaints resolution team who also did not want to take the call. Once I specifically requested a callback, I was assured I would get one and I did not, wasting more of my time. I also was required to read through Virgin Australia's own Terms and Conditions to educate you about the policies you should be aware of. I should not have been rejected a refund in the first place and this is a gross failure on the part of the individual staff and the system in place. Because of this extra mile I have taken to get this issue resolved, I would like at the minimum a response to my email and a call back from a supervisor along with an apology and my original compensation. I would also like further compensation as a gesture of goodwill on top of Virgin Australia's mandatory obligations under their Terms and Conditions and Australian Consumer Law for this inconvenience.
      I look forward to your prompt reply.

    Let's see if they do anything :) If this works hopefully it can help other people who have had to experience the same problems.

    • +9

      Best of luck.

    • +14

      Hopefully we will get consumer laws for this sort of airline shenanigans similar to what the EU has; it's only fair that consumers get fair compensation.

      • +4

        Yeah I agree. In this whole situation I realised there’s no real independent dispute resolution body for airlines similar to AFCA for the banks. This makes me very much at the mercy of the airline’s effective goodwill to follow their own conditions.

      • Yeah but they need to see fair compensation as "you just ruined an expensive holiday" not "here's the cost of the seat update".

        • +1

          You mean something travel insurance would cover like a cancelled flight?

          • +1

            @reactor-au: I'm not sure what you're asking… I mean being compensated a few dollars for the seat selection wouldn't cut it.

            If an airline is incompetent enough to need to move somebody from a booked seat, then it should cost them. Like next flight free. That's the only way to stop it happening.

            • +2

              @SlickMick: I hear you, basically have to make it unprofitable to do such things

    • +7

      Thank you for the update. I would not have accepted the seat. I order window, I get window. The other family could likely use the time apart.

    • +2

      Love your work.

      60 Minutes next. :)

      Keep at it I'm onboard with stopping this kind of crap. A lot of stuff these days I think can be a bit entitled and unreasonable but I 100% agree you're in the right here. It's not going to end the world but it shouldn't be swept away either once you start down the slope it slowly becomes the norm and acceptable, which it is not.

      Thumbs up.

    • Devil's Advocate:

      states "Guests can select a standard Economy seat without incurring a fee when flying on a Virgin Australia fare which includes standard Economy seat selection in the price of the fare.". This establishes that I paid for the service as this clause states the fee is included in my fare.

      The wording "Without incurring a fee" implies that the fee is waived, not that it is included in the fare. As such, you did not pay the fee - Virgin opted not to charge it due to your fare class.

      Can't get a refund on a fee you haven't paid…

      • Yes, but the part after it does imply that I paid for it as part of my total fare. If it is included in the fare, it means I paid for it.

  • +1

    Ah… the poll options. Nevermind. It has happened to me on Jetstar Sydney to GC and I didn’t mind as my seat was equivalent, so I wasn’t annoyed. I would be annoyed in your situation. I’d simply say at the gate, “it seems like my seat was changed at the last minute, I really would prefer an isle seat as I like to be able to get up during the flight or window as I can experience anxiety (or whatever your preference/reasoning is), would you be able to have a look and see if there’s an alternative?” More often than not they can sort something out.

    • +9

      It’s not that it’s a matter of getting what I paid for. I’m supported not just by logic but by their own terms and conditions. We’ve been conditioned to accept poor behaviour from airlines because of a lack of regulation. In any other context, (like banking) paying for a service and not getting it would be a big deal.

    • +3

      first world airlines ought to be able to sort out a simple thing like seat allocations

    • +3

      I think we just found a member of the family that took your seat!!!

  • +3

    Please update

  • +27

    Update 2:
    After being promised a call back no less than 3 times, I was fed up and gave their main line a call. I was told constantly no one could do anything and I now had to wait 10 days instead of the original same day call back.

    I expressed dissatisfaction and asked them how I was expected to believe them this time when they lied to me 3 other times. The person tried to say seat selection was included and thus I didn’t pay but I quickly read out their own Terms and Conditions which says I did. After a 40min call I was upgraded to an exit row Economy X (window seat) for my next flight upon request for my troubles with the promised callbacks and they said I should wait for their “Guest Relations” team to contact me back.

    In the short term, I have got at least something but I still find them telling consumers that there is no compensation despite their T&Cs showing otherwise to be very ridiculous. I also find it unfair that I even had to follow it up in the first place.

    I will send another update when Guest Relations contacts me back. As I said before, hopefully I can find good tips to help people deal with this in the future.

    • +13

      Your story annoyed me (sympathetically) enough that I decided to look up the complaints process in case it ever happened to me. There are several options to escalate a complaint process beyond the airline, which is what I think you should do because you can inform the airline who will likely treat your case with urgency as a result.

      1) Contact the ACA - Airline Customer Advocate (This is a supposedly independant organisation however you should note that it is funded by the airlines themselves. Has anybody used this for a positive result?)
      - You can call the Airline Customer Advocate at 1800 813 129. If you can't lodge a complaint online, they will mail you a complaint form to complete and return.

      2) Contact Fair Trading for your state

      Unfortunately, it does not look like there is an ombudsman for airlines and going to the Aviation Industry Regulator (CASA) )https://www.aviationcomplaints.gov.au/airline-customer-service) it looks as though customer service complaints are directed either back to the airline themselves or to the ACA above.

    • +9

      Credit to you sir and your unwavering persistence. Perhaps try their social media platforms for a response.

      Domino's forgot my garlic bread the other night and the delivery man said he would return in five minutes with my item but he never did return, this thread is bringing back the trauma occured due to having to eat my pizza without this delicious side or compensation for what was lost.

      • I tried the social media teams but they just said wait for Guest Relations :(

      • +4

        I used to work for Domino’s as a driver in my teens.

        I forgot someone’s garlic bread once so I went back to the store, quit, and told my manager he owes my last delivery a garlic bread. I still wonder if they ever got their garlic bread…

        Sorry for your loss.

        • +2

          We had a notebook next to the phone with any stuff ups, if the customer was willing to forgo it till next order, it worked quite well.

          • +1

            @ProlapsedHeinous: Your store sounds smart.

            Despite almost every garlic bread being ordered with a pizza, and like every other item, garlic breads go through the same oven at the same rate as the pizzas, my store decided to be “efficient” and always put through extra, with no time stamp.

            This meant at the end of the night we’d always end up with a hotbox full of garlic breads of an unknown age.

            • @stickyfingers: I reckon due to shrinkflation the pizza will always Come out before the garlic bread now, oddly enough the garlic bread is one of the last items to be hit by shrinkflation

              • @rogerwilko: The oven is a belt so everything goes through for (I think) 3.5 mins regardless of the item. Domino's shrinkflation would be them switching to factory made dough (the thin and crispy bases are already Mission branded wraps) and coming up with new pizza designs that can use cheaper ingredients.

    • +2

      Thanks for your updates OP, I like the follow up and hope you get compensation that's above the cost of seat selection

      • +3

        Glad that people find them helpful or at least entertaining.

        At the end of the day I hate that we’ve been conditioned to accept what is essentially theft from airlines in this country. Even if it’s small it’s the principle that counts.

    • After a 40min call I was upgraded to an exit row Economy X (window seat)

      This is great until there's another family that wants to sit together when you get to your gate!

    • +3

      Update 3: https://www.ozbargain.com.au/node/874444?page=1#comment-1588…

      also credit to @Kinjiru for suggesting the ACA

    • so the seat selection already included in the package?

      • yep, I paid more for the Choice fare so I could pick my seat

  • +3

    Email their board/execs, you might aswell. What have you to lose?

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