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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have booked a package holiday using the Thomson Holidays

Customer Question

I have booked a package holiday using the Thomson Holidays web site. Package holiday 7 days in Grand Canaria. The holiday booking is for 3 adults and 3 children – self-catering.
Reference to the Thomson web site shows that a flight seat reservation facility is available. Using this link it is advised that the seat reservation facility may be free. However, the cost of this ‘extra’ cannot be easily determined until the final payment for the holiday has been made. We then discover a £40.20 surcharge relating to the return flight Grand Canaria to UK. This web page does not advise that the seat reservation facility is not available if Thomson choose to charter seats from an alternative airline.
Notwithstanding the above, Thomson have determined to charter an aircraft for the UK to Grand Canaria flight using AirEuropa (as a sub contractor?). They (Thomson) have now (post contract) advised me that because the carrier is not Thomson airways the seat reservation facility is not available and have referred to ‘terms and conditions’.
My argument is that my booking was with Thomson and that the seat reservation provision was an important consideration when making the booking. My contract is with Thomson and I have no contractual relationship with AirEuropa. Despite my best efforts Thomson are refusing to provide for the seat reservation service for this flight. Basically referring me to AirEuropa.
My argument is that I have not made any booking with AirEuropa. Thomson determined to charter an aircraft from a 3rd. party. Thomson should ensure that the facilities offered by reference to their ‘headline’ web site are maintained. The seat reservation facility was an important consideration and I claim that this was included in their offer. If there are limitations to this offer then the limitations (or exclusions) should be clearly displayed with equal prominence on the same ‘headline’ web page. Do you have any observations / advice in this regard?
This experience now gives rise to another concern. If, for any reason the AirEuropa flight is cancelled or delayed or our holiday is marred due to actions or inaction by AirEuropa (e.g. if Regulation (EC) 261/2004 conditions apply) who do I ‘target’ if I need to seek redress?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What method did you use to book the package holiday please?