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Old 16 Jan 19, 10:00 PM  
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#11
liloandstitch
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Originally Posted by baboons View Post
Hi OP - I think you may have read the Questionnaire, rather than the report.

The report says:

Charter airlines that charge a set fee to upgrade
4.5 Thomas Cook and Thomson Airways advertise the ability to upgrade to Premium Economy and display the price for that upgrade. We do not consider that such an upgrade constitutes a different class of travel, but if
the airline is unable to provide the upgrade consumers should be able to claim a refund of the fee that was paid for the upgrade.

So, that's what it says, but is that still accurate? Anyway, sorry to complicate things, but wanted you to know.
Thanks for that, I'm getting more confused, You are right I think I was reading the questionnaire I didn't realise they were different.
I didn't upgrade though I brought a Premium flight straight away there were two distinct prices one for economy and one for premium not sure if that would make a difference.
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Old 16 Jan 19, 10:11 PM  
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Mr Tom Morrow
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Originally Posted by liloandstitch View Post
Thanks for that, I'm getting more confused, You are right I think I was reading the questionnaire I didn't realise they were different.
I didn't upgrade though I brought a Premium flight straight away there were two distinct prices one for economy and one for premium not sure if that would make a difference.
It matters not if it's an upgrade or an original purchase. The seat is Premium and thus 75% of the cost is refundable.
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Old 16 Jan 19, 10:11 PM  
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Originally Posted by liloandstitch View Post
They say that the CAA does not recognise their Premium Economy as a separate class so they do not have to pay the 75% of the fare as per Regulation 261. Strange - separate cabin, different drinks and meal arrangements, different sized seats, priority boarding etc. but not a different class? Does anyone know if this is correct?
I would remind them that the government treat TC PE as a different class of cabin as they charge double the amount of APD for the privilege.

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Old 16 Jan 19, 10:19 PM  
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Mr Tom Morrow
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Oh, I meant to say. Remind them that if you are downgraded, your airline must reimburse you within seven days.

They are in breach of this and therefore have taken from you the 'enjoyment' of the monies due and any interest it would have accrued.
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Old 16 Jan 19, 10:50 PM  
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liloandstitch
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Thanks so much for the advice.. I will compose one more email to remind them of all that then go onto the next stage.
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Old 16 Jan 19, 11:36 PM  
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stevekath
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Keep pushing back OP - they are trying to pull a fast one. Do not back down, TC just hope that you will give up and go away.

We are still battling with Tui after they downgraded us on our return flight last year. We didn't bother with CEDR - we just went straight to the small claims court route. We're upto the point where Tui have been issued with a CCJ a month ago, after offering no defence against our claim. They still haven't paid us so DH is going to ring the court tomorrow to tell them. I'm presuming it will be down to bailiffs to get the compensation for us now. But I will not back down, that's what the airline wants us to do. It ain't happening
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Old 17 Jan 19, 01:34 PM  
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liloandstitch
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terriandaaron can I ask if you got the 75% straight away or with a fight.
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Old 17 Jan 19, 01:54 PM  
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juless77
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I contacted the CEO of Thomas cook directly when something similar happened to us within 5 days it was sorted and the money and compensation was in my account ... peter.fankhauser@thomascook.com
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Old 17 Jan 19, 01:56 PM  
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In our case; different circumstance with a 7 hour delay which BA turned down at all 4 stages, CEDR were very good & we had the appropriate compensation within 2 weeks from BA.

Good luck
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Old 17 Jan 19, 02:12 PM  
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We took Thomson to the small claims court a few years ago. Thomson sent a solicitor from Manchester to South Wales to argue their case. Although a bit daunting to start with, the judge soon put us at ease. We won the case and Thomson paid up the following day.

What I am saying is, don't be afraid of the small claims court. It is there to protect valid claims
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