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It seems airlines are constantly finding new ways to make flying more uncomfortable. But for Mary Ann and David DeMichael, AirTransat succeeded beyond its wildest dreams.

Not only did it seat the DeMichaels in the most cramped seats on the plane, but it also charged them extra for it — and kept their money.

The DeMichaels’ story is familiar to regular readers of this site. Passengers are afraid of being stuck for nine hours in a tiny seat, so they pay hundreds of dollars to upgrade to extra-legroom seats.

At least, that’s how it’s supposed to end.

But not for the DeMichaels. AirTransat swapped planes at the last minute, which meant that everyone on the aircraft had a new seat assignment.

“We went from row 7 to row 40,” she says. “We should be reimbursed for the cost of those seats.”

They asked AirTransat, but after sending them a form acknowledgment, the airline went silent. Four months later, they still don’t have the money.

This case raises a few questions:

How much legroom is enough?
What should you do if an airline reassigns you a seat without enough legroom?
How do you negotiate a refund for an involuntary seat downgrade?

However, first let’s take a closer look at this couple’s seating problem.

“We never heard back from them again”

Mary Ann DeMichael says they had upgraded their seats to Air Transat’s extra-legroom seats because of her husband, David’s, medical issues.

And all seemed to be going to plan until just before the flight, when the airline informed the couple of what it called an “equipment change.”

What is an equipment change?

An equipment change, also known as an “aircraft swap” or “plane change,” happens when an airline replaces the scheduled aircraft with one of a different type. This change can occur for various reasons, including:

Maintenance or technical Issues: The original aircraft requires unexpected maintenance or has a technical problem, making it unavailable for the flight.
Operational needs: The airline reassigns the aircraft to accommodate changes in demand, scheduling, or other operational requirements.
Weather or air traffic control: Inclement weather or air traffic control constraints may necessitate a change to a different aircraft type or configuration.

Fleet management: Airlines periodically update their fleets, and an equipment change may result from introducing a new aircraft or retiring an old one.

The biggest problem during an equipment change is that all seats get switched. Airlines have developed reseating algorithms to ensure that everyone receives a comparable seat, but sometimes, like when the plane is smaller, that’s not possible.

“We were shocked and frustrated when we saw our new seat assignment,” says Mary Ann DeMichael. “We had paid a premium for a specific reason, and AirTransat’s decision to change planes without accommodating our needs was devastating.”

The DeMichaels didn’t argue with the airline, and they took their assigned seats. However, when they returned to Toronto, they promptly contacted AirTransat and requested a refund. They received a response that acknowledged their complaint and promised a resolution “as quickly as possible” within 30 days.

“We acknowledge receipt of your complaint and will work as quickly as possible to resolve the issue within 30 days,” the airline stated in its response.

The deadline passed. The couple heard nothing back from AirTransat.

“It’s disappointing, to say the least,” says David DeMichael. “We were expecting a timely reimbursement for the downgraded seat, not radio silence.”

DeMichael says he wants AirTransat to do what it promised.

“We’re not asking for special treatment, just a fair resolution,” he says. “If we’d known our seat selection wasn’t guaranteed, we would have made different arrangements. We hope AirTransat will take responsibility for their oversight and make things right.”

Some of you may be wondering: What’s all the fuss over a few centimetres of personal space? Let’s go there.

How much legroom is enough?

Although the DeMichaels had a medical reason for needing more space, most people want to be reasonably comfortable on a long flight.

Nine hours on a plane is considered a long-distance flight. When airlines competed on service rather than fares, the standard seat pitch in economy class was 36 inches.

Seat pitch is the distance between seats, and it’s not the best measure of personal space because it doesn’t take into account the overall thickness of the seats. But even when you account for the fact that the seats have become thinner over time, there’s far less legroom when the seats are only 32 inches apart, which is the seat pitch on the DeMichaels’ flight to Italy. It’s also the standard seat pitch on most flights.

The couple had paid an extra $222 for extra legroom economy seats with 33 inches of pitch. That’s ridiculous.

Based on numerous conversations with airline experts, ergonomic specialists, passengers, and well-informed consumer advocates, the average passenger requires at least 34 inches of legroom in economy class to fly comfortably.

The DeMichaels had paid more and received less. And then they got the silent treatment from their airline.

Could they have avoided this? Perhaps.

What should you do if an airline reassigns you a seat without enough legroom?

Unfortunately, the DeMichaels made a mistake while flying. They accepted the airline’s downgrade quietly and politely.

You can’t blame them — they probably didn’t want to be disruptive or seem as if they wished for special treatment. But they missed an opportunity to get the compensation they deserved.

Here are the steps you should take if you get involuntarily downgraded

The DeMichaels experienced what’s called an involuntary downgrade. Your rights are outlined in the AirTransat tariff, the legal agreement between the airline and its passengers. Here’s the relevant section on involuntary downgrades:

If space on the carrier is only available in a lower class of service than was reserved by the passenger for the original flight, or any one or more of the original flights, as the case may be, the carrier will, at the option of the passenger,

(i) provide space to the passenger in the lower class of service and refund the difference in fares, or (ii) provide a full refund of the unused portion of the fare paid by the passenger.

In other words, the airline owed them a full refund of the fare upgrade.

To get that, they should have:

Asked the airline to address the issue before flying. A written promise of a refund would have gone a long way to getting this fixed quickly. But you know what would have been even better? If a kind gate agent had recognised that the couple had a medical reason for their seat assignments, and had found a way for them to keep their seats. You can only get that if you ask.

Invoked the AirTransat contract after they arrived home. The DeMichaels asked AirTransat to do the right thing. Indeed, that should have been enough. But they also should have invoked the legally binding contract. That would have carried more weight.

Appealed to a higher authority. The DeMichaels continued to hammer away at the same door at AirTransat — the front door. But they should have appealed their case to someone higher up. I list the names, numbers, and email addresses of all AirTransat executives on my consumer advocacy site.

But what should they have said when they finally reached someone who could help?

How do you negotiate a refund for an involuntary seat downgrade?

It’s a simple fact: Airlines can’t sell you a product that doesn’t exist and then keep your money. We don’t know why the airline made an equipment change on both flights, but there is no reason to downgrade two passengers and then keep their money.

How do you convey that to an airline without sounding entitled?

Squabbling over an upgrade seems petty on some level. With all the problems we have in the world now, an involuntary downgrade seems like a first-world problem.

However, it’s essential to gain some perspective on this. The upgrade was for a medical reason, and by sending the couple to the back of the plane, they could have exposed these passengers to a health risk, such as a fatal blood clot. This is no laughing matter, and it’s hardly trivial.

Another perspective is simply this: It’s not fair to take someone’s money and give them nothing, and then keep the money. AirTransat is, clearly, wrong.

When negotiating a refund, you must present the facts. You bought a ticket. You purchased an upgrade. The airline failed to deliver it. You expect a timely refund.

You can also cite the airline’s contract of carriage or relevant consumer protection laws. In this case, Canadian aviation consumer protection regulations mandate a refund for an involuntary downgrade.

To underscore your seriousness, consider copying a consumer advocate, such as a member of our team. (We don’t mind.)

“Thank you for your intervention”

Our advocate, Dwayne Coward, is well-versed in airline rules and quickly took this case. He reached out to AirTransat on the DeMichaels’ behalf.

“We received an email stating we will be refunded $166 for changing the seats,” she wrote back. (That represents more than half the upgrade cost, a more than generous resolution.) “Thank you for your intervention. I know we would have not gotten any satisfaction if you didn’t pursue this. Your work in helping people like myself with issues that are sometimes out of our control is remarkable.”

Nice job, Dwayne — and we are happy to help, of course.

But the problem is far from fixed. Airlines have no business treating their customers this way. The DeMichaels’ case only underscores the need for a humane and standard amount of personal space on all planes.

Until that happens, the problem will only worsen.