Flight delay - First Choice - Cuba 6/12/2010

david1380

Flight No. TOM 094 Gatwick to Holguin
Flight time: 10.00 Scheduled arrival: 15.15 Actual arrival: 22.20

I was notified a week before departure that there would be a change in the scheduled aircraft whch was shown as a direct flight without any stopovers. I noted that the leg room would be less and asked if they would refund the cost of my holiday as I had chosen that holiday from the brochure on the basis of the adequate legroom advertised. I was told there would be no refund.
I decided to go and on arrival at Gatwick it was announced that the plane had been delayed. I was told that it had to be flown in from Amsterdam, hence the delay.
The plane and crew were dutch, the plane was old, no individual screens, nothing was in English, no entertainment, no duty free goods, small uncomfortable seats and it would be necessary to divert to refuel in view of the distance. My seat had to remain in the upright position for the duration of the flight and so I could not sleep.
All the toilets stopped working, (bar one which was reserved for female passengers), about three hours into the flight. Men were told that if they needed to use a toilet they had to pee in the sink!
The aircraft was diverted to the Dominican Republic and we were stranded for 3.5 hours without any information being given out.
No drinks or food were offered.
We arrived at our hotel exhausted at night too late for dinner.
The next morning I send an email to Ian Chapman, Head of Customer Delivery making a complaint. I suggested that the plane was not fit for purpose and that passengers should be compensated for their ordeal.
My complaint was ignored until I posted an account of my experience on a website at which time I was contacted by First Choice. I was offered £ 50 compensation which I refused. I took legal advice and I was advised not to pursue the claim as it could cause me more than what it was worth.
In view of the recent EU ruling on delayed departures do I have a case against First Choice ? :mad:

Ich_2

The EU ruling is on delayed arrival not departure. If the flight arrived late you may have a case for payment under the EU rulings and should contact the airline.
Any claims for the other issues are another matter

Ich_2

The airline First Choice ceased to exist as a seperate entity in 2008 when it merged with Thomson.
That is who you flew with from the flight number. Directing any claim at First Choice which is the travel agent will not get far!