Thomas cook downgrade

[Tinkerbell]

Originally Posted by juless77

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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do you think he will give me an upgrade if I drop him a line!

[Nimbus]

Originally Posted by liloandstitch

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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By "upgrade" it doesn't mean that you paid a lower price first for an Economy seat and then paid extra to get a Premium Economy seat.

By "upgrade" it simply means that you paid more for a Premium Economy seat than you would have done if you'd decided to get an Economy seat. Choosing the more expensive option right from the start is an upgrade from the basic option.

Thus, as you didn't get to sit in Premium Economy - i.e. TC didn't provide what they were contracted, and paid, to provide - then you are due compensation in the form of a refund. At the very least this refund should be the difference in price between a Premium Economy ticket and an Economy ticket for that flight (that's the "upgrade" price).

[Guest]

Originally Posted by liloandstitch

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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I wouldn't bother, you will win any small claims battle so I'd just tell them you reject their offer and have started court proceedings to recover the monies owed to you plus interest and the cost of the time taken so far to deal with them.

Any small claims court Award would cover the application fee, interest, actual money and reasonable fees for loss or earnings whilst dealing with the claim

[headpin]

Originally Posted by Guest

I wouldn't bother, you will win any small claims battle so I'd just tell them you reject their offer and have started court proceedings to recover the monies owed to you plus interest and the cost of the time taken so far to deal with them.

Any small claims court Award would cover the application fee, interest, actual money and reasonable fees for loss or earnings whilst dealing with the claim

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Firstly you would need to send a letter before action/claim before commencing any proceedings, including a small claims action. Mr Tom Morrow suggested this. You need to outline what you are claiming and why and include any relevant documents and/or information. Interest is currently calculated simply at 8%pa. Allow a reasonable period for a response, as Tom suggests 14 days is ok.

A small claim is easily commenced online using the .gov.uk website.

[Minnie Mum]

Good luck. Following with interest as we are flying TC PE on the summer.

[walt4it]

Think Nimbus hit the nail on the head above, you did not get the goods you actually paid for. Ignore any terms as upgrade etc. You bought Premium and they were unable to offer this to you, due to their circumstances not yours.
Should they offer the difference in ticket plus another £150 for the inconvenience then I would say that is a starting point for discussion, their current offer is an embarrassment to a company such as Thomas Cook

Small claims court process is simple and as Mr Tom Morrow stated you should instigate this as your next step asap.
Be strong in all of your words and keep to the exact facts and avoid adding emotional detail. You have been wronged and the court will see that Thomas Cook did not deliver what had been bought originally.

[Claret1882]

I suppose the good news is, with the removal of the two Air Tanker aircraft from the Thomas Cook fleet this summer the chances of being downgraded to an aircraft without the Premium cabin are going to be greatly reduced.

[liloandstitch]

Thanks everyone, I'll let everyone know if there is anymore to tell. I didn't want to worry anyone, we have flown a few times with Thomas cook and had a good experience it was just this time that the problems started.

[papamouse]

YES - they are AT IT

It does not matter what the CAA think, CCA didnt bring in the rule.

It matters what the EU Reg says.

Its funny how - when someone says - TC not complying, I'll email the CAA - you email the CAA - and they say - thats nothing to do with us... then TC quote the CAAs rules!

AT IT!

Take your flight leg costs (if part of a package split 60/40 - 40 being flights), divide by 2 if only one leg then *75% - (PLUS money if you were delays) and you tell them what they should pay.

Then tell them 7 days in my bank or small claims court (moneyclaim online)

job done!

AT IT.

[FlorayG]

I had this exact same thing a few years ago and got nowhere with them. Their argument is that it's not a downgrade, Premium is just the normal Economy with extras supplied. They gave me back the difference plus £100 (because there was no in flight entertainment, so really everyone on that plane could have claimed) but it would have had to go to law for me to try to get anything more.