Flight delay and cancellation compensation, Tui/Thomson ONLY

i posted this in its own thread as i thought it was more of a general question and could relate to any airline about can I claim both, but was directed here, can anyone help......?




Hi
On a recent flight with Thompson to Orlando the plane was switched and we had paid for Premium, but was downgraded Thompson have offered to refund part of the cost of one way for premium upon return, although haven't heard from them yet, I have a number on a letter they gave out upon boarding to call on return.




however the EU rules state I can claim back to 70% of the cost which is a lot more than what they will be offering.


How do I proceed?, do I mention the EU rules to them, if I take what they offer as a refund does it mean I cannot claim the rest?


also the plane was well over 5 hours late, so I plan to claim anyway can I claim compensation and the downgrade cost?


Do I just put it all in the same letter, I have the Thompson address but was unsure how to proceed?


Thanks in advance


:-)

1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse(a) 30 % of the price of the ticket for all flights of 1500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.

terriandaaron wrote: »

that's the EU regulations about downgrades, what I am usure of is if I can claim for the downgrade (as I paid for something I didn't get) and the compensation for late flight delay, or if one would have a bearing on the other.

Interesting! Obviously never read that far!

I would say absolutely you are entitled to both. Can't see anything to suggest one or the other. That would be unfair as you have been delayed and not had your upgrade.

Strange it provides for the downgrade compensation to be paid within 7 days but no such time precribed for delay compensation!

Alan_Bowen wrote: »

Be careful, for tax purposes all the charter airline calls the upgrade 'premium economy' to keep tax in the lowest category, to claim huge amounts for a downgrade, I suspect you have to show a fall from First or Business class, where the tax is double the economy rate not just a drop within the 'economy' cabin. I suspect you will have enough problems just getting the compensation for the delay......

The Reg says:

"If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased"

so presumably a whole new series of cases will be required to determine the intended definition of "class", in this context.

Reg 10 is headed "Upgrading and downgrading" so if the OP was sold something described as an "upgrade", it would take some serious brass neck from the airline to then argue that it wasn't an upgrade for this purpose. Sadly, brass neck is in plentiful supplies among the airlines!

Thomson have said they've issued a cheque for a % of the upgrade cost , equal to less than half of the cost of the upgrade only, which is less than the difference between the Economy and Premium at the time I paid.......do I cash this and say its under the advisement that im still claiming for the difference between what they paid and what im due under the EU regs for Downgrades? or just not even cash this....?