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Flight delay and cancellation compensation, Tui/Thomson ONLY
Comments
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Centipede100 wrote: »End of what?
Trust you have looked at the FAQs on page 1 of the thread or in the separate sticky on the forum! I guess not...
It says six years yes on the Front and the sticky - but they are now saying two years. What is this "international carriage by air" they mention? Where have they plucked this from?0 -
Centipede100 wrote: »You need to click on the links in the FAQs and read answers provided!
I am a silly sheep. Yes I have now read further down the sticky the 2 year bit.
Right so offeth to courteth we go.
Baaaaaa!0 -
I was shocked that the letter came already as we were told 56 days and some people have waited longer than that for some sign of progress.
I can only assume Thomson decided to harvest together all claims more than 2 years old and then do a mail merge on that letter. It seems we all got the same one.
I don't think the letter is wrong - "the international carriage by air" clearly exists and the time limit is 2 years but they SHOULD NOT use this to misguide people away from what they are entitled to and lead them to believe that is the whole facts of the matter.
Thomson have behaved most dishonourably and should hang their heads in shame and simply face up to their responsibilities and get their cheque book out.
Martin should plaster their ability to misguide people all over the front of this web site.0 -
I've had a look at the 'the international carriage by air', and it makes frequent references to the Warsaw and Montreal conventions, which have already been successfully challenged.
No way we should give up on this.0 -
Hi all, I'm a little stumped as to who I need to initially write to. Here's my scenario......
Package holiday booked via Thomas Cook in 2007, Bristol to Dalaman. We had a 10 hour+ delay. The flight out was with First Choice, who I believe merged shortly after with Thomson. Who do I need to write to first to get the ball rolling?0 -
Apparently that letter we all received was authored on advice by the Thomson Customer Legal Department which on investigation by my friendly sheepdog's keen snout has been outsourced to a company called Plexus Law in Croydon. Tel: 0844 245 4000
http://www.plexuslaw.co.uk/media/pdfs/resources/promo%20lit%20services/Travel%20Law%20Oct%2009.pdf
http://www.lawgazette.co.uk/news/uk-holiday-giant-sends-legal-department-packing
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Centipede100 wrote: »You want to send that sheepdog to me as a partner someday;)
Sheepdogs and Centipedes make wonderful partners you know xx0 -
spaceaarvark wrote: »Just got my "limit is 2 years" letter from Thomson.
My NBA, addressed to the Company Secretary at the RH10 9QL address, says:
Dear Sir or Madam,
Delayed Flight Compensation - Notice before Action
Flight Number: TOMxxxx
Date: 1st March 2009
Booking reference: xxxxx
Passenger Names: Mr xxxxx xxxxxxx
Mrs xxxxx xxxxxxx
Amount Claimed: €250 per passenger
You have written to inform me that you cannot consider claims for flights that were delayed more than two years ago. I would remind you that the time limit for bringing a small claim in the UK is six years, and my claim falls well within this limit.
Should you neither settle my claim in full nor provide a full defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.
I look forward to hearing from you.
Yours faithfully,
I am also using this reply, thank youDEBT FREE since 2011
Retiring to Spain has changed my world
:beer:0 -
Ok, lets sort this 2 year limit out.
Before the introduction of EU261/2004, and the subsequent appeals, the Supreme Court in the UK, by default, referred to the Montreal Convention, which clearly states that all claims to do with "international carriage by air" need to be brought within two years.
There have since been appeals, and the ECJ has clearly said here, that the statutory compensation offered by EU261, and other claims under the Montreal Convention, do not conflict, and that claims under EU261 fall within the time limit of the member state, which in the UK is 6 years.
The link above is easily printed off if you want to include it in any more correspondence with Thomson.
Mark0 -
Mark2spark wrote: »Ok, lets sort this 2 year limit out.
Before the introduction of EU261/2004, and the subsequent appeals, the Supreme Court in the UK, by default, referred to the Montreal Convention, which clearly states that all claims to do with "international carriage by air" need to be brought within two years.
There have since been appeals, and the ECJ has clearly said here, that the statutory compensation offered by EU261, and other claims under the Montreal Convention, do not conflict, and that claims under EU261 fall within the time limit of the member state, which in the UK is 6 years.
The link above is easily printed off if you want to include it in any more correspondence with Thomson.
Mark
Would you recommend including your para and a copy of the complete article in a letter to them?
Thank you for thisDEBT FREE since 2011
Retiring to Spain has changed my world
:beer:0
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