Downgraded on recent TUI flight - compensation?

drzoidberg1215

We recently flew with TUI long haul and had paid for Premium both ways, Flyig out was fine but on the way back we found out when we checked in that we had been down graded.

We were not told before by TUI and this was very a disapointing end to the holiday. They refunded the amount paid for the premium one way automaticly.

I wated to know if we were entilted to any compensation for maring the end of the holiday and was unsure about how to go about claiming if this is the case.

thnaks in adavnce

bagand96

EC261 covers this:

Article 10

Upgrading and downgrading

1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.

2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse:

(a) 30 % of the price of the ticket for all flights of 1500 kilometres or less, or

(b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres, or

(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.

Not sure how that will work in practice for you though as on package holiday they don't itemise the flight cost. They may claim that the refund of the Premium supplement covers the relevant % of the flight ticket cost.

pramsay13

I'm not sure how you can carry on 

Voyager2002

bagand96 said:

EC261 covers this:

Was TUI an EU airline at the time of the flight?

Westin

https://www.tui.co.uk/destinations/faq/i-didn-t-receive-my-premium-seats-due-to-a-change-of-aircraft,-am-i-entitled-to-a-refund?catId=281&subcatId=475&docId=2487

bagand96

Voyager2002 said:

bagand96 said:

EC261 covers this:

Was TUI an EU airline at the time of the flight?

I did consider this.  If the flight was in 2020 then it was the transition period and the UK was following EC261.  If the flight was in 2021 (have TUI operated any long haul holidays in 2021?) then EC261 has been adopted into UK Legislation (with minor changes). 

The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (legislation.gov.uk)

NoodleDoodleMan

Westin said:

https://www.tui.co.uk/destinations/faq/i-didn-t-receive-my-premium-seats-due-to-a-change-of-aircraft,-am-i-entitled-to-a-refund?catId=281&subcatId=475&docId=2487

Appears straightforward - a refund of half of the return supplement.

twopenny

Did you pay extra for the premium seats? If so you are due a refund

" If you were notified of the aircraft change at the airport or in resort, our After Travel Support Team will be notified that you did not get your premium seats and will automatically process a refund for the supplement paid for that part of the journey. For example, if you received your premium seats one way then you will be refunded 50% of the supplement. We aim to process this refund within 28 days of your return travel date. "

However you have left it a bit late to claim. Do you have proof of the payment and details of the aircraft and seating such as boarding cards?

But you can't claim more for a disappointing end to the holiday.

Westin

@twopenny
OP states the (one way) Premium cost was refunded automatically and has already been received. 

twopenny

Beg pardon. I am due new glasses.

mattyprice4004

Very disappointing end because you had to sit in different seats? 
You're setting up for daily failure if that's your benchmark for 'very disappointing'. You got a refund for the seats, that's all you're entitled to.