Thomson airways complaint/compensation

Shona99

Cityboy wrote: »

Del

Stuie is being sarcastic! The passengers affected by this are entitled to 75% of the cost of the return leg as I detailed in post #2. This will include the premium paid for the cabin upgrade.

Why should any entitlement to a "refund" delivered by EC 261/2004 Art 10 not come in addition to the return of a premium paid ( contractually) for a cabin upgrade? I personally see nothing in the Regulation to say that the 75% payment delivered by Art 10 should itself encompass that (contractual) premium reimbursement payment.


(If a court has considered this point-are you aware of any judicial examination/academic legal musing on this subject/Art 10 refund payments?)

Why shouldnt these two aspects be treated separately and culmulatively-or is that what you meant?

dzug1

apt wrote: »

That sort of argument is hardly likely to be believed by a district judge. If Thomson thought it had a good case it would not have settled out of court.

Many companies will settle claims out of court wherever possible - they then don't have to pay greedylawyers (that is all one word these days isn't it?;)) to represent them in court and it ends up costing them less.

Of course if too many people start making the same claims it backfires.

ipedro

We have just returned from orlando with Thomson and when we arrived at sanford airport we were told that the aircraft had been downgraded in size and that the premium seating and service was not available on this plane. The flight was delayed by 7 hours and then had to stop off at Bangor in Maine as it was too small to carry enough fuel for the non stop flight we booked. The seating on the plane was 'knees in the back of the person in front' type. We eventually arrived at Gatwick 9 hours late. We have called thomson to complain and they do not have a complaints form procedure only telephone. They were most unhelpful and only offered £50 per person refund on the premium upgrade. This cost us £180 each and thomson say that the rest is government tax - tax on a service we did not receive?
Any advice on what to do please - the holiday was a thomson package holiday.
What about the EC261 charter can we claim for delay, unscheduled stop and downgrade?

Lukester

ipedro wrote: »

We have just returned from orlando with Thomson and when we arrived at sanford airport we were told that the aircraft had been downgraded in size and that the premium seating and service was not available on this plane. The flight was delayed by 7 hours and then had to stop off at Bangor in Maine as it was too small to carry enough fuel for the non stop flight we booked. The seating on the plane was 'knees in the back of the person in front' type. We eventually arrived at Gatwick 9 hours late. We have called thomson to complain and they do not have a complaints form procedure only telephone. They were most unhelpful and only offered £50 per person refund on the premium upgrade. This cost us £180 each and thomson say that the rest is government tax - tax on a service we did not receive?
Any advice on what to do please - the holiday was a thomson package holiday.
What about the EC261 charter can we claim for delay, unscheduled stop and downgrade?

Hi ipedro / Forum Memebers

Appreciate this is an old thread but I am interested on the outcome of your situation.

I have recently returned to the UK with my wife after a package holiday with Thomson to Mexico. We upgraded our flights with Thomson to their Premium seats at a total cost of £420 (extra leg room / upgraded meal / entertainemnt). We had the upgrade on the outbound flight from UK, but when travelling back to the UK from Cancun we were advised at the airport the upgrade was not available due to the plane for the return journey being a long haul standby plane, and there was no upgraded cabin on the aircraft.

We were handed a letter that said we would be refunded for the return upgrade element of the journey once back in the UK.

Anyway after a lot of hassle with Thomson back in the UK I have been advised that our refund will be £210 but less £81 Air Passenger Duty. I have tried to query this with Thomson on the phone but they insist this is correct. I have been reading about APD on the HMRC site but cant make the figure stated by Thomson stack up. I am hoping if you or any other site members could shed some clarity on this subject for me, and are Thomson correct .....?

Many thanks