Holiday Complaints

Do you have a holiday complaint? For help and advice post in here.
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Looks like you are flying back on Thompson plane not FC which only has 5 rows of Premier noy 9 like ex FC planes
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Hi snowyboy,
thanks for your reply. How did you find which plane it might be? I want to arm myself with info for when i ring again tomorrow!!
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The flight number should tell you doolah. If you post them here members can tell you :tup
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Hi,
Its flight TOM61, tried to look for it myself but couldnt find it!
La romana to Gatwick on the 21st Nov

Thanks
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The TOM is Thomson. FCA is First Choice Airways. Hope this helps.
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doolah

I have posted a response in the thread you started here: http://forums.moneysavingexpert.com/showthread.php?t=2824226.

Note that there is a link in my post directing you to tripadvisor where another Thomson passenger found themselves in exactly the same situation as you. In his/her case they ended up being fully compensated out of court under EC 261/2004.
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They were allegedly compensated by Thomson. We don't know if it was because of this piece of regulation or not.

There is indeed a damaged Thomson plane under repair at the moment following a hard landing. The substituted plane is most likely the old "Thomson" rather than the old "First Choice" plane with the former having fewer premium economy seats than the latter.

Mark :)
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All Thomson flights are prefixed TOM irrespective of whether you are flying on an ex Thomsonfly or an ex FCA aircraft. There are no flights prefixed FCA as that airline no longer exists.
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Mark

They were allegedly compensated by Thomson. We don't know if it was because of this piece of regulation or not.


There's no "allegedly" at all in dramont's thread. They were the litigant and they state that "Following legal advice, I launched a claim at the County Court under EU Regulation 261".

Dramont concludes with "For the information of all - Thomson today settled in full, out of court".

If it wasn't under the Regulation then why on earth would Thomson settle with the claimant for the exact amount as laid down in the Regulation? This is a rhetorical question so if you want the answer why not PM dramont yourself and find out since you seem to be casting doubt on his/her claim to have been fully compensated in the way they claim.
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How would you know the exact price of a flight that is part of a package holiday? How would you know that the amount claimed is the exact amount?
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If it wasn't under the Regulation then why on earth would Thomson settle with the claimant


since they settled out of court, could have been any of (or combination of) the following:

the case was to be heard at a court some distance from where they are based and they cut their losses to save travelling and staff time - even if they had they won the claimants liability to their expenses is limited

they thought the district judge would agree with the claimant and didn't want that made public

they saw another legal reason that would weigh against them, and didn't want that made public either in case others took it up

When they settle ot of court it always comes with a rider that it is without admission of liablity (and possibly it's a "goodwill gesture") to stop others using it against them.
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How would you know the exact price of a flight that is part of a package holiday? How would you know that the amount claimed is the exact amount?


I don't, but the OP in that thread has posted what he's posted so take your argument up with them.

And the correct use of allegedly is as follows:

Mark, you are a pedant, allegedly!
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No need to get personal. Best if you read up on the Ts and Cs before you continue posting.

Mark
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Hi,
Thanks for all you replies. i think its my husband that has posted on money saving expert!!

we have been told that the plane that is being used for our return joumey is a 767 with 328 seats which has no premium cabin.

just feeling really dissapointed as we had booked so long ago!!
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I would be disappointed too. Still think that it is a breach of contract as they haven't provided you with a paid for service. Yes they can change planes according to their Ts and Cs but they don't make it clear at all what happens if as a result of such change of plane (or airline) the paid for premium service is not available.

The question begs whether it is a major or minor change and that in turn results in being able or not being able to cancel the holiday with a full refund plus small compensation as per the Ts and Cs.

When did you book the holiday? When we were downgraded we were told that those booked last were the first to be downgraded.

Mark :)
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we booked in Feb or March (cant remember exactly!)
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Sunaddict wrote:
All Thomson flights are prefixed TOM irrespective of whether you are flying on an ex Thomsonfly or an ex FCA aircraft. There are no flights prefixed FCA as that airline no longer exists.


Whoops thanks for that Sunaddict - I thought I could be out of my depth where planes are concerned :(
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There is no way of knowing how much Thomsons actually paid out for dramont's claim. So the fact he said he was paid in full could mean anything.If he actually found out how much his flight was deemed to have cost I would love to know. We don't even know how much he was claiming.
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Being the pedant I am allegedly am, just looking at this piece of legislation:

This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or
indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or
other commercial programme by an air carrier or tour operator.


So if the flight in question is not available through general sales (as most of the package holiday flights are), this piece of legislation may not necessarily apply as a Thomson could easily say that they are reduced fares not available directly or indirectly.

Mark :)
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