Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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Even if they had not decided against purchasing the Dreamliner (and I assume here that the decision is based on non availability) there would be the obvious chance that the aircraft could be substituted at the last moment.

The term "operational reasons" is vague and there may be other legitimate reasons for a change of aircraft, for example capacity. Airlines do code share , in the case of KLM they have an agreement with Air France, so that also may impact on planned operations. Their refusal to reimburse may also depend on what type of tickets you have purchased and the terms and conditions of such a booking

I have not seen the particular edition of "Rip off Britain" but any advice they may give cannot be taken as a legal definition for purposes of taking action, certainly a court would consider any comments they made as hearsay.

In court they will only deal with the facts. You will need to convince the court that you booked based only on the basis that KLM were in effect promising the flight would be on that aircraft. When presenting your case they are only concerned with the facts.

"Loss of Flight Enjoyment" can mean many things even non availability of a particular seat can cause that. Personally I like a window seat as I can tuck myself away and read my book without having to get up and down for people wanting to go to the toilet.

The above is only my thoughts on the matter, others may not agree.
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Checking further on this the 787 Dreamliner seats up to 320passengers whilst the 747, depending on the particular model/configuration can
seat between 250 and 650.
Seat demand could very likely be the reason for the change ofaircraft. As a point of interest KLMoperate 8 Dreamliners whilst Air France operate only 1.
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I haven't seen the programme you refer to either but I doubt that you'll get very far with this assuming that all that has changed is the type of plane used. I don't think that counts as a major change if your departure date, time and airport is remaining the same. I would expect that their contract with you is to get you to your destination, not that it will be on a specific type of plane. Have you checked the T&Cs you accepted when booking? I would expect a change of plane for operational reasons to be classed as a minor change and it is only major changes (eg a change of date, departure airport or at least a 4 hr difference in departure time) that would entitle you to a full refund. To be honest, I think that in taking the small claims court route you are throwing good money away, especially since I thought that you couldn't claim your costs back from the other party even if you win? At least that means that you won't be paying their costs either if you lose.
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Thanks for your comments. I read a news report on the Net that KLM had cancelled their Dreamliner order for 7 aircraft. Photos of the plane are still shown on their web pages. I have a confirmed booking stating the flights would be on the Dreamliner then followed later by a revised booking confirmation on the 747 which I have flown with them many times. I also paid for an exit row seat again confirmed in writing. If I win the court case the airline industry will not be pleased. Regards David.
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Thanks for the comments. I have checked all of the schedules through each mont upto end of October and the Dreamliner is no longer scheduled. It is possible that Air France being the dominant partner with KLM have dry leased the Dreamliners as my Travel Trade magazines have reported that they are retiring some of their 747's. If I win a refund the whole industry may have to re-think their cancellation rules after all a 100% cancelletion charge for any long haul flight is to say the least excessive. Others may take up the cause if it appears in the press. Regards. David. Flying for 50 years +
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Thanks for your comments. Several viewers of Simon Calder on Rip Off Britain reported success in getting refunds from Holiday Big names for a " Loss of Enjoyment " by a lack of advertised facilities in Hotels and Resorts.
If you pay thousands of pounds for a car you expect to get the brand your ordered and its seats, radios, sat nav etc etc.
Regards, David.
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I can see where your coming from David as I too would feel cheated/let down/disappointed if I specifically booked a flight based on the aircraft advertised.

A flight isn't necessarily all about getting from A to B. It forms a large part of your holiday, especially if flying long haul. So, comfort, entertainment, food, service etc are all factors in your choice.

If I booked an advertised Dreamliner flight, I am booking Dreamliner more than 'the flight'. The fact that it was Dreamliner would have swayed my choice of dates, departure point, cost etc because I wanted to experience Dreamliner.

Good luck with your case & please let us know how things are going.

Glynis
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I sincerely hope that you will win as I have been very disappointed in the past when an airline have switched planes at short notice -it was a common occurrence in the early days of the Thomson Dreamliners!!
HOWEVER, I fear that you will lose for exactly the reasons outlined by SMa - you aren't booking a flight in a specific airliner merely passage from A to B.
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David , I'm not really sure how your claim will work out etc , but airlines can substitute aircraft anytime and in my opinion you purchase a ticket to fly from A to B , I think loss of enjoyment would be if you didn't get part of the service you had paid for rather than the actual type of aircraft used , like failure of no IFE or downgrading of seat booked , but I'm sure an airline would reimburse you if this did happen . If you do get refund and book with BA as you stated in a post I have a couple of points that might help or inform you . BA do schedule a 787-8 to fly to ICN , from reports I've read the economy ( WT ) seating is very tight to the point of being uncomfortable on a 11 hour + flight , the second point is you say you have booked exit seats , with BA you can book and pay extra for these but can only booked them 14 days before departure and there may be none available as they are reserved for BA gold status holders to book first . From what I know if I was flying economy for 11 hours I would rather be in a 747 than a 787 .
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I have also read reports that economy seating is tight on the BA 787.
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When the aircraft was first introduced the seat pitch was (in my opinion) generous, since then it has been revamped and I agree that it is not as comfortable.
Of course the same problem applies to other aircraft and it all depends on the configuration and the particular one you fly on. Out it might be great but back cramped. Just depends on the particular one they use on the day. I can say (although others may not agree) that the flights I have taken on the Airbus are the worst for comfort.
  • Edited by fwh 2017-02-26 13:09:41
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Depends on which airbus you are talking about and the configuration of the seats. The Singapore Airlines A380 that I flew with in economy was pretty roomy and I have long legs and the lack of engine noise made the journey all the more comfortable. I think it was probably the quietest flight I've ever taken. I haven't flown in a B787 though so can't compare.
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Thankyou for your comments. I have already been assigned the exit row seat out and back by paying for the privilege in advance. It is my treat as the only aircraft I have not flown in 50 years of flying. I even flew the Atlantic on a Caledonian Britannia in 1968 and I have flown the A380 with Emirates in First and business more than 12 times. Does anyone know if online sales of air tickets are subject to the Distance Selling Rules protection ?
regards
David
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Sorry but distance selling regulations do not apply to airline/train tickets.
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To everyone who sent me messages:

I am happy to report that this morning (Saturday 04 March 17) I have received a cheque from KLM Airlines for the full amount in respect of all aspects of my original flight booking i.e. The flight and the exit row seating, taxes etc. I think the secret of going to the Small Claims Court is that if you persist and send as much information as you can as evidence you have a high percent of getting a refund. I do not do this regularly but about 4 years ago I took on Thomson Holidays because they charged me for hand luggage at Luxor Airport and threatened me with being offloaded from the flight. I had the brochure with me and showed the check-in agents the brochure details but they still demanded money for the hand luggage. To avoid being offloaded I paid the money and on my return I took them to the small claims court and won the case. I think the court had sympathy for me for being threatened when I was in the right. It was a great victory but I know there were many other passenger who paid up and did not take them to Court. If enough people do take them to court it prevents them (Thomson) receiving bad publicity in the press and trade publications such as the weekly " Travel Trade Gazette ". Do not be afraid to do it. It is not difficult. It is as easy as switching bank accounts or energy suppliers. Do not listen to those who say you are wasting your money. I have now made a new booking for my trip with British Airways on their Dreamliner which will complete my collection of aircraft types flown. I was never able to fly the VC10 as at the time of them being withdrawn from service I was not earning enough to buy the ticket. Thanks to everyone who contributed and to Holiday Truths for hosting my case. In the words of Johnny Cash " My name is SUE. How do you do ! Over and OUT.
Regards David.
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Well done David! To be honest i wasn't hopeful you would get the result that you did. Where are you off to with BA?
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David is flying to South Korea , BA fly the 787-8 to ICN
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