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Flight delay and cancellation compensation, Tui/Thomson ONLY
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If anyone is claiming for Flight TOM 436 from Manchester to Antalya on 4th June 2010 it is worthwhile continuing with your claim because Thomson have just settled a few days before the court hearing0
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No I didn't ask them anything. I wrote a couple of letters to them asking for compensation for the delay and they just stated that they were not liable because the claim was over 2 years old. I suspect they think that EC are a better defence than the 2 year rule. I am currently fretting about whether my claim for 5 members of my party is going to be OK, despite some people on here saying it is, I am still fretting.
Thanks for that karl, in these instances their EC defence is always a back up - or in most cases, their only back up.
And in the words of Frankie Howerd........"Fret not"
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Thomson's only defence to my claim was a knock on effect from an EC but now just a few days away from the court hearing they have backed down and settled my claim in full. Maybe they now realise that this cannot be used as a defence.
Hey, well done!!
Did you get to find out what their EC was? Would be useful to us on this forum to know what the defence was that they felt unstable with.................0 -
My Court date is fast approaching and I am beginning to look at my Court bundle. Can I just clarify with those who have gone before me. Is my witness statement just a statement of the circumstances i.e. on day date and time i was due to board my plane and said plane was delayed for x amount time. I'm just wondering at what bit I present my actual argument and make reference to wallentin etc. Is this just in Court of the day or do I put all my legal arguments into my witness statement? Do I have to exhibit all of the documents I intend to use on the court date in my witness statement?0
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If anyone is claiming for Flight TOM 436 from Manchester to Antalya on 4th June 2010 it is worthwhile continuing with your claim because Thomson have just settled a few days before the court hearing
Hi
Well done. I've sent you a private message because we were on flight 437 from Antalya to Manchester on the 04/06/10 which I assume was the plane you got onto!
Thanks0 -
I have a keen interest in the 'knock-on' effects, which have been subject of recent discussion on this thread. My personal take on this is that there is no provision within the EU Regulation to cater for anything other than circumstances relating directly to your own specific flight. And IF judgements began to allow for knock-on effects, where on earth would it end? For instance, how long do knock-on effects of an acceptable Extraordinary Circumstance remain in existence? 24 hours? A Week? Two Months? I fail to see how any Court could entertain the notion of knock-on effects? Is it just me, or is it as simple as that? Just a thought0
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My Court date is fast approaching and I am beginning to look at my Court bundle. Can I just clarify with those who have gone before me. Is my witness statement just a statement of the circumstances i.e. on day date and time i was due to board my plane and said plane was delayed for x amount time. I'm just wondering at what bit I present my actual argument and make reference to wallentin etc. Is this just in Court of the day or do I put all my legal arguments into my witness statement? Do I have to exhibit all of the documents I intend to use on the court date in my witness statement?
I think you have to have it in the paperwork, upfront. My witness statement is a mixture of fact and argument, which tries to gel the law with the specifics of my experience.0 -
Hi
We flew to Zante in June from Manchester with Thomson. After we all boarded we were advised that ground crew had left the crate holding the electrics too close to the 'plane and due to the increasing weight as we got on board the plane had rested on the crate and there was a dent in the front wheel flap! The result was an 8 hour delay and a loss of our first day in the resort. After the initial explanation from the captain there was no further communication. We were not offered any vouchers for lunch nor kept updated. In fact our flight even disappeared off the board for a couple of hours.
Do you think it worthwhile trying to claim? I expect Thomson would say it wasnt their fault but I am sure they will be getting adequate compensation from Manchester Airport for the event0 -
another success! Thanks everyone for the support! There has been some amazing hints and advice over the last week or two and without it I would have struggled.
In my case they dropped extraordinary circs and concentrated on the two year issue.
Thomson are trying to persuade the judges that it's damages, not compensation, and that they are similar and therefore subject to two years and not six. Their bundle is huge, and the judges not neccessarily impressed bearing in mind the time allocated for the hearing. A concise summary works well.
The judge seems to accept that if you've taken the effort to get to court proof of actually being on the flight isn't important, and clearly thomson don't deny that the claimant is on the flight.
Stick with it!0 -
So has a judge actually ruled that Thomson's claim to 2 years under MC is bunkum, and that it's the statue of limitations (ie 6 years England) that applies david?0
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