Daytime flight compensation

Just a thought. We booked a flight only to Greece. We paid about £900 more for the both of us for a day time (more acceptable flight time) flight rather than the cheaper middle of the night flight. We have claimed for the 11 hour delay incurred, but can we claim for the extra difference in the flight times also. ie the extra charge for better flight times. The original was 14.45 we left about 00.30 in the morning?

Would this be a charge back against my credit card company, as we have paid for something we have not receive?

Any help appreciated.
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Replies

  • 111KAB111KAB Forumite
    3.6K Posts
    stejones - timing makes no difference - your claim is for a delay in excess of 3 hours.
  • 111KAB wrote: »
    stejones - timing makes no difference - your claim is for a delay in excess of 3 hours.

    Thanks, I know that. But I paid more for the daytime flights though. The 11 hour delay claim is for the delay in leaving Rhodes. I paid £900 more for a specific daytime flight time. The night flight was £900 cheaper with Thompson. I need to know if that proportion is claimable. I think it is, but has anyone else ever done it?
  • 111KAB111KAB Forumite
    3.6K Posts
    stejones wrote: »
    I think it is, but has anyone else ever done it?


    I don't think it is but would be pleased to know why you think it is particularly as it appears you are not comparing like with like in terms of the carrier being compared.
  • tomtontomtomtontom
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    I cannot see any basis for your claim in law, either contract or the EU Regs.
  • Voyager2002Voyager2002 Forumite
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    stejones wrote: »
    Thanks, I know that. But I paid more for the daytime flights though. The 11 hour delay claim is for the delay in leaving Rhodes. I paid £900 more for a specific daytime flight time. The night flight was £900 cheaper with Thompson. I need to know if that proportion is claimable. I think it is, but has anyone else ever done it?

    As you have already been told, it is not claimable.

    However, there is nothing to stop you from (a) writing to the airline asking them for the money, (b) filling in the forms and taking them to court.
  • edited 1 September 2014 at 5:34PM
    stejonesstejones Forumite
    8 Posts
    edited 1 September 2014 at 5:34PM
    If you buy a specific ticket then ( and pay more for it), they can just say you can't claim?.For example, you pay more for business class, time and date. At the airport they say no, you just have to walk away. I doubt this can be true.. I'm aware we had a flight but not what we paid for. The difference was £900 over and above.

    The basis in law tomtontom is that if you pay for something and don't receive it, you
    have a claim. Either a refund, partial or whatever. I don't know about EU do you know airline law? If so please explain.
  • edited 2 September 2014 at 9:58AM
    Alan_BowenAlan_Bowen Forumite
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    edited 2 September 2014 at 9:58AM
    EU261 gives you rights to claim a fixed amount of compensation if you are delayed more than 3 hours in circumstances within the airlines control. You travelled on the day flight, even though it was late, you did not travel on the night flight, which for all you know may have been delayed until the next day. Without the EU compensation rules, you would be getting nothing, and if the claim is against Thomson, you may still get nothing, but please move to the Thomson thread where all will be revealed
  • Caz3121Caz3121 Forumite
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    I am wondering if the OP actually flew with Thomson or whether they flew with another airline but had originally had the option of booking with the other airline or Thomson
    I believe most airlines will have in their Terms that flight times are not part of the contract
    OP If both flights were on Thomson then speak to them but if they were different airlines I cannot see you have a case with anyone outside EU compensation
  • David_eDavid_e Forumite
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    stejones wrote: »
    I.For example, you pay more for business class, time and date. At the airport they say no, you just have to walk away. I doubt this can be true..

    It isn't; it's covered by Reg 261/2004.
  • VaubanVauban Forumite
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    I'm more amazed that you thought it good value for money to pay an extra £450 each for a daytime flight to Greece. But that's perhaps beside the point.
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