Thomsonfly Compensation

hatcheth

Hi,

I got denied boarding due to overbooking on a Flight from the Canary Islands back to the UK in January.

I got a cheque for £ 845 in compensation last month, however they are using the "company exchange rate" of 1.42 EUR = 1 GBP (should have been paid 1200 Euros). In January the rate was between 1.05 and 1.15, so it makes a £ 250 difference to the compensation for all 3 of us.

I've sent back an email questioning the rate but they state thats the rate they pay compensation at.

I am following up with the Air Traffic Users Council, who expressed surprise that they invented this exchange rate. They will look into it for me but it could take 8 weeks.

Anyone have this happen to them with any Transport providers under the EU Cancellation / Denied Boarding regulation?

Anyone have think its fair that they make up an exchange rate for paying compensation ?

Should I resist the temptation to cash the cheque as this will indicate acceptance of their offer ?

Ultimately I could take them to small claims court, but I don't want to do that.

omelette451

I'm going to leave the legal stuff to someone else to answer, but if I remember rightly airlines have no obligation to pay out in anything other than euros as this is the currency the ruling is set in. Therefore the airline could argue that it's doing you a favour by converting it for you, which could be its get-out clause. I personally would try to solve the problem by telling them you want the statutory compensation paid in euros and let your bank convert it at the prevailing market rate when you pay it in; I don't think the airline would be able to argue with that.

There have certainly been instances where British customers of non-UK airlines have had their compensation paid in euros with no option for it to be in pounds (e.g. Alitalia and Ryanair, to name just two).

Alan_Bowen

The policy is a disgrace, as suggested above, ask for the payment in euros, you can play games as well as they can.

hatcheth

Just called them again, to specifically ask (again) for compensation in Euros.

They refused, saying all compensation must be paid in GBP.

I asked where they got the rate from, because it hasn't been that rate since November 2007 and they said "Thats the rate its always been". If I wasn't happy I should write in (which i've done twice now).

I am hoping the Air Users Council delivers the goods for me.

shutey_2

ask them to change into euros for you at the rate its always been 1.42,dont think so

omelette451

hatcheth wrote: »

Just called them again, to specifically ask (again) for compensation in Euros.

They refused, saying all compensation must be paid in GBP.

So they would give a French customer travelling in a flight from France compensation in pounds at that stupid rate would they? I suppose it's possible but somehow I doubt it.

As for saying "that's what it's always been", do they not realise that exchange rates change every day? Would they stick to that rate if it meant they would have to pay more? Again I don't think so.

I'm afraid though that I really don't know what you can do next. I suppose asking them to justify their rate by specifying which precise date they chose is the best option - they would be hard-pressed imo to explain why they didn't choose either the date of your flight or the date they settled your complaint. Please do let us know though how you get on - and good luck!

hatcheth

Hello,

The AUC council finally got to my case after 8 weeks. They sent a letter to Thomson about the payment asking them to pay at a proper exchange rate.

Got a letter yesterday from Thomson dated 12th May "I have enclosed a cheque for £225 (the difference in exchange rates). This is a further refund due to the exchange rate.. I am genuinely sorry that this error has occured".

This is a bit different from the letter dated 17th Feb " .. the denied boarding compensation is calculated using the company exchange rate of 1.42.. Thomson airways work along side the Air TRAFFIC Users council guidelines to ensure that all passengers get a fair outcome from any complaint they make, all the procedures that we put in place are fully backed by this governing body and I can only apologies if you feel you have been let down on this occasion." Shows how much they know about the ATUC if they can't even get its name right.

The cheque is in the bank now, so i am happy with the outcome. Thanks for everyones help with this issue.

Stephen

omelette451

hatcheth wrote: »

The cheque is in the bank now, so i am happy with the outcome. Thanks for everyones help with this issue.

I'm glad it worked out for you - and thanks for letting us know what happened.