Daytime flight compensation

stejones

Alan_Bowen wrote: »

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 di 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

Thank you Alan. Like I say the delay is in hand, 11 hours. They used our aeroplane to collect passengers from USA as a dream liner blew an engine. We did end up flying at night at about 00.45 leave time. We paid extra for a day flight. The issue here what are you entitled to when you buy a flight. Can they change the time without compensation? I don't think its as cut and dried as say buying a car with extras and then being made to have the car without them for the same money. But want to see if anyone had up graded the flight and then lost the extra paid.

The point is they sell the better flying times for a lot more money than night flights. If you leave at 10am or a reasonable time, it is better than 11pm or 1am in the morning. We are with Thomson as we booked a flight only.

111Kab Two issues here. Delay (in hand) and extra for daytime allocated flight. If you pay for the day flight and can't have it, are you due the cost back? Like I said, if you pay for a GLS model are you due the difference back when your supplied with the basic L ? This is the question.

stejones

Vauban wrote: »

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.

Vauban Maybe you are amazed. To me in business, its worth my while for a better flight time. I work hard employ a lot of people and can afford it. It just gets to me that when we pay it, they can just ignore that part and keep all the money.

David_e

stejones wrote: »

This is the question.

This is the answer:

http://forums.moneysavingexpert.com/showpost.php?p=66403020&postcount=10

It may be semantics but you said "We paid about £900 more for the both of us for a day time ... flight". Presumably, and correct me if I am wrong, but what happened was there was a choice of flights and you chose the daytime ones - which were more expensive. You didn't pay for an additional service; you just paid for seats on a flight scheduled to depart at a given time. If that's the case, it's no difference from any flight that is delayed (well, not for the purposes of the Regs.).

Now, what would have happened if you had explicitly paid them £900 to change the departure to your preferred time, I don't know.

Mark2spark

I think David_e sums it up rather well stejones.

*If* you had paid for (day flights) something that was clearly sold as a 'premium service', and it wasn't provided, then you would have a good shout at a refund, as clearly, the service paid for wasn't supplied.
But you have just paid for flights that are labelled as regular flights, different departure time, sure, but hey ho.

This is how Thomson get away with no refunds on the exchange aircraft when the dreamliner breaks down and is unavailable. They are charging a premium for DL but don't label it as so. (Apart from the obvious seat upgrades part).

But I see your point, ie two things to claim for. EU261 delay, and a premium service that wasn't provided.
I had similar many years ago, paid extra for a day flight as we was heading somewhere where the hotel was all inclusive, so figured a day's worth of all inclusive (paid for at the same rate as the night time arrival flight) was worth the extra day time flight cost.

Only to get a 4.5 hour delay :mad::mad::mad:

stejones

Thank you Mark2 and David. Interesting points, and may be worth a punt at the fact the good flight times are, and always have been clearly sold at a premium and more expensive. They did not provide what we paid for. They flew us 11 hours late. Swapping the plane to send it to the USA is not beyond control, so thats a solid claim. We paid for daytime seats and got middle of the night. Worst case maybe a credit card claim too.

Because they have to pay a lawyer to attend a Court and the run up costs they may fold on it. Thanks for the comments.

dxc_chappie

stejones wrote: »

Because they have to pay a lawyer to attend a Court and the run up costs they may fold on it.

Have a read of the Thomson thread and you will see they do not apply this logic.

111KAB

stejones wrote: »

Because they have to pay a lawyer to attend a Court and the run up costs they may fold on it. Thanks for the comments.

My claim from Monarch was €400 .... two court hearings, 2 barristers, solicitors, my court costs, travel costs, attendance costs etc and I guess the Monarch 'bill' was around £5,000 and although they paid me they still will not pay out fellow passengers on the same flight.

Alan_Bowen

stejones, sorry you are applying logic to a business that does not follow it. They are awaiting a Supreme Court decision on whether they can limit claims to 2 years despite previous EU Court decisions that clearly say they can't. As your plane went to recover passengers after the misnamed 'Dreamliner' had to make an emergency landing in the Azores with engine problems, it clearly is not an 'extraordinary circumstance' which would allow them to deny the claim. Nevertheless I expect that they will and a quick review of the pages here will confirm that to be the case.

silvercar

You paid for tickets on flight TM010 or whatever, that is what you got. Its delay allows you to claim for the delay, but you still got the seat on the flight you had booked.

David_e

stejones wrote: »

Because they have to pay a lawyer to attend a Court and the run up costs they may fold on it.

I suspect that the other posters are correct. Logic and cost don't appear to be a factor in the actions the airlines take.

It looks as if you have a pretty solid delay claim. As far as the "extra" £900 you paid, if you make a claim for that, the claim has to have a basis in law. I don't know if it has, but I doubt it. I'd be wary of combining a strong claim with (I suspect) a weak one.

Maybe have a word with a no win no fee firm and gauge their view. If you try a firm of solicitors, they will have a better understanding of the law than me.