Martyn99
I think First Choice are maybe saying:

I understand this isn't the answer you wish to receive,

because they're not going to pay you compensation.....

the other one is a compo claim for them ruining my Xmas/New Year hol - last correspondence I sent was a 14 day arbitration notice from Abta - received by them 16/5, still no reply.

If I was you, I'd check with them to make sure they've still got your compensation complaint open.

Good luck
Polly

Polly

They have still got the xmas one open and they're not budging on that either so that's going legal now.

Thanks,

For what it's worth, I thought I'd offer my tuppence worth.

EC261/2004 - I love it ! As far as I understand the act, and in particular reference to this thread, you should be provided with a printed copy at the airport should you request one. There doesn't even need to be an "incident" - just a simple request for a copy should solicit one pretty quickly.

When a delay does occur, the carrier has certain responsibilities that MUST be undertaken. The actual assistance varies with the length of delay and the distance being flown on the delayed leg of thr journey.

I've personally experienced a long delay (14 hours if memory serves) when hoping to depart Manchester for Sanford in Florida with Travel City Direct (tour op.) on an Excel aircraft (the carrier). Vouchers were provided for refreshments but as the night progressed outlets started to close - eventually, there was nowhere to purchase refereshments. At one point, WH Smith (the last open outlet very late at night) refused to accept the vouchers against the purchase of bottled water. I kicked-off (politely but firmly and vocally) and the purchase was permitted after I provided my name and address to the WH Smith duty manager suggesting they sue me for theft - I'd left the vouchers at the till and departed the shop with the water.

One aspect that I've never known to be provided - and EC261/2004 does demand this - the provisions of one or two free phone calls/faxes or texts. This can be useful if you need to re-arrange transport or inform a hotel of a late arrival.

If your delay exceeds a certain number of hours (other have posted links to the actual regs. on this thread) then meals should be provided. Finally, if a long delay is suffered and the time is such that overnight accommodation should be provided........it SHOULD BE PROVIDED. There's a potential get-out clause in that element though as the act suggests accomm. should be provided if by doing so the delay is not extended.

Transport to/from accomm. and to/from meals (if provided off-site) must also be included.

There's another element that might be worth noting as well. If you are travelling on a "package" (two or more of the following booked through a tour operator: flight, accommodation, car-hire, pre-booked trips, transfers) AND your delay is outbound to your holiday AND the delay is such that you loose a night's accommodation at your destination hotel you can claim one day's worth of the ENTIRE PACKAGE COST from the tour operator.

So, a seven night holiday costing a packaged price of, say, £960 would provide you with a compensation claim of £137.14 if you were delayed outbound by one day. Add £50 per person to this for inconvenience, distress etc.

I do not believe this applies to homeward bound legs at the end of the package holiday.

This last point was the element that Ros succeeded with when she handled my case against Travel City Direct over 2 years ago. And a great job she did as well - at a most acceptable cost given that I'd been able to obtain a much lower level of compensation offer from TCD prior to her involvement.

There's some helpful folks on this site - but, sadly, some plonkers as well. The latter can add a bit of spice, the former help solve the real issues though.

Mike

Well done Mike, and of course the various rights people have under the directive are the reason why travel companies/airlines refuse to supply the statutory leaflet.

I'd have a word with Ros and subject to her advice go for the jugular!

I'd want to go for compensation and for the enforcement agency re EC261/2004 to prosecute for non compliance.

Peter

Reading the final part of the letter again, my impression is that they now offer you the choice. You either accept what they have offered/said or they will see you in court.

Peter and Mike offer the most positive advice you will get here on HT. Contact Ros!

It is often at this point that complaints/claims stop. Most people decide it is not worth the hassle and possible cost should they not succeed. If that is the case then why bother in the first place.

We can only offer our own personal opinion on this or any other problem. In this case you have already done most of the work. The rules and regulations are there for a purpose. Not only do they protect the TO where they are not at fault - yes sometimes they are right - they also protect you, from what, in my opinion, is a justifiable and correct complaint that deserves more than what you have been offered.

fwh

Thanks to the latest posters on this topic, I decided yesterday to take one of two options
1) submit a claim via Moneyclaimonline for the remainder of the AI difference and the flights about £1100
or
2) pass it all onto Ros

The decision I have taken is option 2. I will be posting the pack tomorrow.

As an aside, have a laugh at this link http://www.firstchoice.co.uk/info/aboutus/flightsdelaymanagement.html

If only they implemented it.

Nice link martynh99.

I've printed the sheet and will keep for future reference.

I think you made the correct choice in handing the issue to Ros. She did a great job for me 2+ years back. Interestingly, my wife and I are staying at the same hotel in Florida where we suffered a one-night loss of stay 2+ years back. The hotel was blameless - it was the Tour Op./carrier who was to blame so this time we are flying scheduled with Delta and have booked the accommodation directly on the internet.

The other interesting page was this one http://www.firstchoice.co.uk/info/aboutus/flightsaboutus.html
Under the welfare policy the timings and what's offered i'm sure is different to what 261/2004 dictates but i've not checked the fine detail yet.

One immediate difference is:

EC261/2004 suggests 2 phone calls/faxes/telexes or emails. Article 9 point 2.

The FC blurb offers one 3 minute call and only for 8+ hour delays overseas.

I'd also query the "or voucher" phrase. A voucher is worthless if there's no outlets available to redeem and provide refreshment. This is often the case late at night in smaller "overseas" airports and even applies to Manchester once you have passed security and it's approaching midnight.

Although not legally bound by these commitments, we undertake to do our utmost to ensure you will receive a consistently high level of service while in our care.

Their quote above cannot be used to avoid their statutory obligations under EC261/2004. It appears to me they are attempting to convince us they are offering extended care facilities. If that were the case then they could not be legally bound to supply such extensions. However, my understanding here is that they are offering a sub-standard level of care compared to the EC261/2004 definitions and hence isn't worth the paper I do not intend to print upon

Thanks Martynh99 for the links though - most enlightening.

My son and 6 mates are in Majorca at the moment. They booked with First Choice some months back for an apartment for all 7. Day before the flight, when collecting the tickets, the lead pax was informed there WERE NO tickets. Appears First Choice bodged somewhere along the line (I await my son's return to find out all the facts) and they had to rebook - AND REPAY IN FULL - for an alternate holiday.

On the day of departure, 3 of the group flew on the originally boooked flight and were transferred to the originally booked apartment block in Magaluf. The other 4 (my son included) were flown out on a later flight and accommodated in a hotel (not self-catering as originally booked) in Palma Nova.

It should provide me with some light entertainment should the lads require my involvement upon their return.

well Mike all i can say is they picked the wrong Dad to mess with.

This should give us something to follow for a few weeks

This tale should keep us all on tenterhooks for our summer reading!

Mike
I await your report with interest......d'ya know, I ALMOST (but not quite) feel a tad sorry for First Choice......
As Wendywu says, 'They've picked on the wrong one this time.'

I hope your son's and his pals' holiday was not spoiled too much.

Polly

Thanks for your kind support.

Sons texts indicate he's having a good time and the replacement hotel is fine.

He's in a good mood anyway as I got his bank charges from several years ago when he had a Lloyds TSB account refunded just a week before his departure. Hopefully, HSBC will cough-up ready for his return as he moved to them after Lloyds.