Do I have to accept compensation in vouchers for a non-flight delay issue?

izzywizzydog

My query relates to a flight issue, but not a delay - I see there are loads of threads for that, but I can't find any relating to this.


My husband and I flew to Cancun on a First Choice holiday on their Thomson Airways Dreamliner. The air conditioning in our section was stuck on maximum for the entire time meaning a temperature of 16-18C throughout the 11hr flight leaving us both shivering uncontrollably and with headaches and stiff muscles. No alternative seats or blankets were available and we weren't even offered complimentary hot drinks. First Choice acknowledge from the flight log that the situation occurred and was known about before the flight left.


We have written 2 letters to First Choice, the first we were fobbed off with nothing, but they have now upped that to £30 per person in vouchers once I indicated that under consumer rights their service did not meet a satisfactory level. My question is, do I have to accept the vouchers or can I insist on cash, and what do I do next if I think this is a wholly inappropriate offer (according to their reps they usually offer £20 if your entertainment screen is broken, but we think our situation was far more distressing and uncomfortable than that)? thanks.

callum9999

izzywizzydog wrote: »

My query relates to a flight issue, but not a delay - I see there are loads of threads for that, but I can't find any relating to this.


My husband and I flew to Cancun on a First Choice holiday on their Thomson Airways Dreamliner. The air conditioning in our section was stuck on maximum for the entire time meaning a temperature of 16-18C throughout the 11hr flight leaving us both shivering uncontrollably and with headaches and stiff muscles. No alternative seats or blankets were available and we weren't even offered complimentary hot drinks. First Choice acknowledge from the flight log that the situation occurred and was known about before the flight left.


We have written 2 letters to First Choice, the first we were fobbed off with nothing, but they have now upped that to £30 per person in vouchers once I indicated that under consumer rights their service did not meet a satisfactory level. My question is, do I have to accept the vouchers or can I insist on cash, and what do I do next if I think this is a wholly inappropriate offer (according to their reps they usually offer £20 if your entertainment screen is broken, but we think our situation was far more distressing and uncomfortable than that)? thanks.

What were the rights you quoted? I'm not aware of you having any but obviously I don't know everything! On the assumption that you don't have those rights, if you think £30 in vouchers is derisory then you could keep pushing them to increase it or change it to cash, but I wouldn't count on it.

Are you sure it was 16 degrees? While not exactly warm, I don't see how that would cause you to shiver uncontrollably for 11 hours and cause headaches and stiff muscles?

bagand96

It's not compensation they're offering you, it's a gesture of good will due to your experience so it's between you and the, on how it gets settled.

I'm also a little confused as to what consumer rights you feel they have breached. I agree that 16-18 degrees is hardly freezing. As an example I think the Health and Safety Executive state that workplaces should be 16degrees or more to be considered acceptable. Granted its not your workplace, but it shows that 16 is not considered abnormally cold.

izzywizzydog

Many thanks for the replies so far.


OK, so maybe compensation was the wrong word - but according to this website The Supply of Goods and Services Act 1982 entitles you to services carried out with reasonable care & skill or the Sale of Goods Act 1979 means goods should be of a satisfactory quality & as described. One of these surely must apply to holiday packages purchased, because I don't think we received the quality of goods/service we paid for.


Also, 16C is REALLY cold when you are sitting still. I was wearing jeans, jumper, jacket and gloves on the flight and was still freezing & my husband had to stuff newspaper down his jumper to increase insulation to keep a bit warmer. My items in the overhead bin froze to the outside cabin wall. So, believe me, it was unbearably cold....

callum9999

izzywizzydog wrote: »

Many thanks for the replies so far.


OK, so maybe compensation was the wrong word - but according to this website The Supply of Goods and Services Act 1982 entitles you to services carried out with reasonable care & skill or the Sale of Goods Act 1979 means goods should be of a satisfactory quality & as described. One of these surely must apply to holiday packages purchased, because I don't think we received the quality of goods/service we paid for.


Also, 16C is REALLY cold when you are sitting still. I was wearing jeans, jumper, jacket and gloves on the flight and was still freezing & my husband had to stuff newspaper down his jumper to increase insulation to keep a bit warmer. My items in the overhead bin froze to the outside cabin wall. So, believe me, it was unbearably cold....

It's really not. The average UK house temperature is about 17 degrees, unless you were both ill you would not need to stuff newspaper for insulation into your jumpers to stay warm - let alone be shivering uncontrollably! If your items "froze to the outside cabin wall" then it must have been significantly below zero up there! I'm not calling you a liar, if that's what you experienced then it was much lower than 16 degrees. Were the people around you similarly freezing?

As to the sale of goods act etc., I can't see anything in them that dictates compensation for a cold flight. Was there a passage in there that you thought applies (I haven't read the entire thing so don't take my view as gospel!).

PeacefulWaters

In the end, much UK consumer legislation is vague and leaves it to both parties to come to a mutually acceptable agreement. If this can't be done the small claims court might be the way forwards.

You don't have to accept their offer. They don't have to improve it. If vouchers have restrictions (e.g. not valid online or severely time restricted) then I think you would be right to hold out for cash.

If you can reasonably use them flexibly then I'd probably accept the offer. But by all means go back to them and try your luck saying what you're prepared to accept in full and final settlement. Value and method of payment. It might get a higher offer. It might not.

Other than the heating, was the plane any good?

bagand96

izzywizzydog wrote: »

Many thanks for the replies so far.


OK, so maybe compensation was the wrong word - but according to this website The Supply of Goods and Services Act 1982 entitles you to services carried out with reasonable care & skill or the Sale of Goods Act 1979 means goods should be of a satisfactory quality & as described. One of these surely must apply to holiday packages purchased, because I don't think we received the quality of goods/service we paid for.


Also, 16C is REALLY cold when you are sitting still. I was wearing jeans, jumper, jacket and gloves on the flight and was still freezing & my husband had to stuff newspaper down his jumper to increase insulation to keep a bit warmer. My items in the overhead bin froze to the outside cabin wall. So, believe me, it was unbearably cold....

Not sure if the Sales of Goods act applies as there weren't any goods. You bought a service so it'll be the Supply of Goods and Services.

As you said it refers to "reasonable care and skill". Which is open to interpretation on many levels. You're arguing they didn't, they'll argue they did etc...

izzywizzydog

thanks again all for your input.


The 16C was just what we were told by the air stewards, but as I haven't seen the flight report it definitely could have been colder than that, it certainly felt like it to us, and yes, to everyone else in our section too.


I think I'll definitely pursue for cash and for a fairer settlement, as our loss of enjoyment was quite significant and the staff were rude and abrupt and did very little to help us which made the situation worse, but I'm glad I managed to clarify what the rules are in general. thanks.

callum9999

izzywizzydog wrote: »

thanks again all for your input.


The 16C was just what we were told by the air stewards, but as I haven't seen the flight report it definitely could have been colder than that, it certainly felt like it to us, and yes, to everyone else in our section too.


I think I'll definitely pursue for cash and for a fairer settlement, as our loss of enjoyment was quite significant and the staff were rude and abrupt and did very little to help us which made the situation worse, but I'm glad I managed to clarify what the rules are in general. thanks.

Good luck, but I don't think you're legally entitled to get anything at all so don't spend too much time on it!