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Compensation for delayed flights Discussion Area
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andytricks wrote: »hi,
does anyone have the full correct name and address for thomson?
i am about to proceed with an online moneyclaim against them over delayed flights.
the name and address i have been using in correspondance with them is (sorry about the spaces)-
Pre Travel Services
TUI UK
Columbus House Westwood Business Park
Westwood Way
Coventry
CV4 8TT
are these the right details to put on my claim?
any help would be appreciated
thanks
The address I have for them is
TUI UK Limited
Wigmore House
Wigmore Place
Wigmore Lane
LUTON
LU2 9TN
Part 6.9 of the Civil Procedure Rules state that where a corporate defendant does not provide an address for service, they may be served at the principal office of the company [AKA the Registered Office] or any place of business of the company within the jurisdiction which has a real connection with the claim.0 -
thanks a lot for that,The address I have for them is
TUI UK Limited
Wigmore House
Wigmore Place
Wigmore Lane
LUTON
LU2 9TN
Part 6.9 of the Civil Procedure Rules state that where a corporate defendant does not provide an address for service, they may be served at the principal office of the company [AKA the Registered Office] or any place of business of the company within the jurisdiction which has a real connection with the claim.
so on the claim shall i put the name as TUI UK ltd?0 -
andytricks wrote: »thanks a lot for that,
so on the claim shall i put the name as TUI UK ltd?
Yes, if you're confident the airline is TUI UK. They've got different divisions, e.g. package holidays etc. I served proceedings with the name and address shown and they "happily" acknowledged service.0 -
Hi,
I recently got delayed by five hours, travelling from London to Vietnam. The check-in staff told me that the delay was caused by technical problems with the aircraft earlier in Vietnam, which had a knock on effect.
I've written to the airline requesting the compensation I believe I am due, and they have refused. I pointed out that technical problems with the aircraft do not usually constitute 'extraordinary circumstances', and asked them to explain the nature of the technical problem, and explain to me why they believe it is 'extraordinary circumstances'. The wrote back and said they they are not obliged to disclose this information, and they will not compensate me.
In addition, I pointed out that I viewed £8.00 as too insufficient an amount for refreshment expenses for 5 hours at an airport, and asked them to refund me the excess, which is actually quite low, as I spent very frugally.
My question is, do you think I should take them to the small claims court? Do you think I have any chance of winning, particularly as I don't know exactly what caused the delay? Is there any way I can find out what the technical problem was?
Thanks for your advice!0 -
neilsolaris wrote: »Hi,
I recently got delayed by five hours, travelling from London to Vietnam. The check-in staff told me that the delay was caused by technical problems with the aircraft earlier in Vietnam, which had a knock on effect.
I've written to the airline requesting the compensation I believe I am due, and they have refused. I pointed out that technical problems with the aircraft do not usually constitute 'extraordinary circumstances', and asked them to explain the nature of the technical problem, and explain to me why they believe it is 'extraordinary circumstances'. The wrote back and said they they are not obliged to disclose this information, and they will not compensate me.
In addition, I pointed out that I viewed £8.00 as too insufficient an amount for refreshment expenses for 5 hours at an airport, and asked them to refund me the excess, which is actually quite low, as I spent very frugally.
My question is, do you think I should take them to the small claims court? Do you think I have any chance of winning, particularly as I don't know exactly what caused the delay? Is there any way I can find out what the technical problem was?
Thanks for your advice!
Yes of course you should sue them in the small claims track upon giving them 14 days notice.
You have every chance of winning. Not only do technical problems not constitute extraordinary circumstances (Frederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA), the knock-on effect of another flight's extraordinary circumstances does not constitute extraordinary circumstances relating to your flight (Finnair Oyj v Timy Lassooy).
As for not being obliged to disclose the nature of their defence, they do in fact have a definite legal obligation to do so immediately under the Practice Direction on Pre-action Conduct. The Civil Procedure Rules aim to resolve issues at the earliest stage through pre-action protocols with costs’ sanctions applying, even in the small claims track, for unreasonable conduct, such as the airline's refusal to cooperate in disclosing their defence. Quote this to the judge and ask for costs in addition to your claim on an indemnity basis.
Para 1.1 states its aims as being:-
to enable parties to settle the issues between them without the need to start proceedings
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to support the efficient management by the court and the parties of proceedings that cannot be avoided.
Imagine the judge asking the defendant what their defence is, and their counsel replying:
"We are not obliged to disclose this information".
It's almost surreal.0 -
Hi,
Received a few days ago the following:
Re: ZB216 London Gatwick to Faro on 10thJune 2012
Further to your claim for delay compensation, we are writing to advise of our conclusion.
Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.
As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.
Our records show that on arrival into London Gatwick from the previous flight, the aircraft scheduled to operate your flight was found to have suffered damage to the fuselage. Engineers attended the aircraft and ascertained that considerable investigation and tests would be required in order for the aircraft to be safe to fly. The time taken to complete this work and declare the aircraft serviceable meant that Faro airport had closed for the night and that your flight would not be able to operate that evening. Despite Monarch’s best efforts to source alternative aircraft from within the fleet and also from other third party carriers there was no availability to transfer passengers on your flight as would be our aim in circumstances such as this. As a result the flight was able to depart at the earliest opportunity the following day on the original aircraft.
Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.
Please do not hesitate to contact us if we can provide any further assistance or information.
Do you think your comments to 'neilsolaris' apply here?
The delay was 17hrs!!0 -
Hi,
Received a few days ago the following:
Re: ZB216 London Gatwick to Faro on 10thJune 2012
Further to your claim for delay compensation, we are writing to advise of our conclusion.
Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.
As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.
Our records show that on arrival into London Gatwick from the previous flight, the aircraft scheduled to operate your flight was found to have suffered damage to the fuselage. Engineers attended the aircraft and ascertained that considerable investigation and tests would be required in order for the aircraft to be safe to fly. The time taken to complete this work and declare the aircraft serviceable meant that Faro airport had closed for the night and that your flight would not be able to operate that evening. Despite Monarch’s best efforts to source alternative aircraft from within the fleet and also from other third party carriers there was no availability to transfer passengers on your flight as would be our aim in circumstances such as this. As a result the flight was able to depart at the earliest opportunity the following day on the original aircraft.
Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.
Please do not hesitate to contact us if we can provide any further assistance or information.
Do you think your comments to 'neilsolaris' apply here?
The delay was 17hrs!!
Yes, except the bit about we won't tell you our defence because that's a secret.0 -
Hi all,
Wondering if anyone has any advice or were on this plane too?
26th October 2012 travelled from gatwick to Sanford, Orlando.
Roughly 2.5 hours into flight the right engine failed - airline has now advised engine stalled, this resulted in flight being turned round and an emergency landing in Iceland.
We were due into Orlando at 3pm on the Friday afternoon, we finally arrived in Orlando at 11pm on the Saturday, by the time we had got to hotel it was 1am Sunday morning.
Thomas cook put us in a hotel in Iceland and provided meals, however no Thomas cook reps were present and flight crew did not step up to keep 200+ passengers informed instead they disappeared, the passengers had to do all the hunting for information as To when our possible flight out of Iceland would be.
Before we set off we were delayed in gatwick as flight crew advised small issue with plane on its return from Cuba meant they were doing maintenance on the plane.
2 letters now returned from Thomas cooks complaint dept stating extraordinary circumstances. My argument is how can it be extraordinary if we were informed of an issue prior to take off. Thomas cook are claiming that their engineers knew of no issue before take off.
Are they messing us around? What can I do next?
They ended up ha ong to send a completely new aircraft to pick us up, surely a stall in the engine can't be that bad?
Any help will be greatly appreciated.
P.s it's my other halfs first ever flight, it was not easy to get him back on the plane.0 -
my flight from gatwick to ho chi mihn was delayed by 5 hours. standard refusal email received stating 'exceptional circumstances' techical reasons - the incoming flight was late setting off!
interestingly i have been offered $200 US as a goodwill gesture.
i've asked then to reconsider, but an offer is an offer....
any suggestions??0 -
Myself partner and child were delayed on a Monarch Flight on the 13th September 2012 due to a technical fault with the plane i submitted claim forms to Monarch on the 13th December 2012 and have today received an email back that our claim is successful :j€400 each and cheque is on it's way...0
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