TUI flight downgrade compensation

[stevekath]

Update:

We had a reply from TUI who have looked at our claim again. Unsurprisingly they are still refusing to pay up as they say they "have no information that the aircraft was changed".
Unfortunately we didn't think to take a photo of the plane cabin to show the 3-3-3 seating and non-PE seats, but their excuse is ridiculous. They must have flight logs that show which of their 11 dreamliners undertook the flight in question, and also information on the seating configuration of each of their planes. I'm close now to putting in an MCOL as I see no gain in arguing back and to with them. One question I have though is - is the burden of proof on us to show that they used an aircraft without the Premium seating, and if so where can we find the information to show which of the TUI fleet was used for the flight? Or do we just make the claim, stating what the seating config was (3-3-3 with no leather Premium design seats)

[Loulou127]

Originally Posted by stevekath

Update:

We had a reply from TUI who have looked at our claim again. Unsurprisingly they are still refusing to pay up as they say they "have no information that the aircraft was changed".
Unfortunately we didn't think to take a photo of the plane cabin to show the 3-3-3 seating and non-PE seats, but their excuse is ridiculous. They must have flight logs that show which of their 11 dreamliners undertook the flight in question, and also information on the seating configuration of each of their planes. I'm close now to putting in an MCOL as I see no gain in arguing back and to with them. One question I have though is - is the burden of proof on us to show that they used an aircraft without the Premium seating, and if so where can we find the information to show which of the TUI fleet was used for the flight? Or do we just make the claim, stating what the seating config was (3-3-3 with no leather Premium design seats)

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Try Flightradar24, I think they tell you the actual plane used by the airline I.e it’s code, then you can look up what type of Dreamliner it was - good luck x

[Big Dog]

Originally Posted by amf

Really couldn't agree more. On our last flight back on BA, flying TPA-LGW-GLA, our LGW inbound was delayed (no extraordinary circumstances) so that we missed our connection to GLA. Long story short...we got to GLA 7 or so hours late. I asked for EU261 compo for 3 of us (1,800 Euros). BA said they were looking into it... and looking int it...and looking into it. Gave them 2 weeks, they didn't pay up so went via MCOL. They paid up a week later, including cost of MCOL. MCOL is a low cost way of telling them that you know your rights and if they want to play silly beggars, they can play it with someone else

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Likewise here, exact same scenario with BA.

[Big Dog]

Originally Posted by Loulou127

Try Flightradar24, I think they tell you the actual plane used by the airline I.e it’s code, then you can look up what type of Dreamliner it was - good luck x

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Agreed, you should be able to search flight number. I should add you can get a 7 days trial on the premium service to allow you to go back 2 years if required, the basic service only allows 7 days of searching.

flightradar24/premium#featureInfo56

[stevekath]

Thanks Dibbers, I'v checked flightradar24 and we've been able to establish we were on
G-TUID on our return flight. Looking at the plane's flight history, surprise surprise it usually goes to short-haul destinations.
Not having any luck on SeatGuru or SeatPlans pinning down the seating plan for particular dreamliners, but can always just insist to them that having proved which aircraft we were on they must have records of that plane's seating config

[Big Dog]

Originally Posted by stevekath

Thanks Dibbers, I'v checked flightradar24 and we've been able to establish we were on
G-TUID on our return flight. Looking at the plane's flight history, surprise surprise it usually goes to short-haul destinations.
Not having any luck on SeatGuru or SeatPlans pinning down the seating plan for particular dreamliners, but can always just insist to them that having proved which aircraft we were on they must have records of that plane's seating config

See more...

Thats exactly the info you need, best of luck

[gavvy]

Do not bother going back to TUI

File a moneyclaim online for 75% of the cost of the return portion of the flight plus 8% interest and costs- its really easy. If you are filing for more than one then you have to do it via the paper route but its really easy

That gives TUI 30 days to reply to the court, they will either pay up or defend. They will most likely defend at first then just before it goes to court they will pay up.

Mention in the claim the reg of the aircraft and that it was configured in economy only.

I really would not bother going back to TUI again, they have had enough time to reply and have given their position to you, their customer service is useless and they will make any excuse to avoid paying, trust me I know!

Going to court sounds scary, but really it is not! I did it with TUI.
Have a look on MSE- there is a great guide there for filling in the claim.

[gavvy]

Just an after thought, did any of your letters state that you would take them to court if you did not hear back? If not you need to firstly send a Notice before action letter to TUI legal dept, again mention the aircraft reg etc. Give them 14 days to reply (which they will ignore) and then start court action.

It's the only way to get their attention.

[stevekath]

Thanks again for all you replies. TUI are just going to give us the runaround so I agree going back to them will just be a waste of time.
Will keep you posted on what happens

[stevekath]

UPDATE:

TUI have refused to pay us the 75% of the cost of the return flight (quelle surprise!) so we looked at submitting to CEDR today. The online CEDR form does not seem to allow for downgrade circumstances (only delays and other situations not involved in our particular circumstances). Does this mean we can't apply to CEDR and should just proceed to filing a court claim? While we fully expect to end up having to file a court claim anyway we hoped to have a CEDR judgement to back up our claim. Has anyone else claimed via the courts solely for downgrade (i.e. no delay involved) without a CEDR judgement?