Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • Vauban
    Vauban Posts: 4,736 Forumite
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    Goagoer wrote: »
    111KAB
    Do you think I would have a chance?

    How would we know? You haven't said what caused your delay - so it is impossible to say.

    If you take this on yourself though, it is a lot of work. People here will help. But still not to be done lightly, is my advice.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    Goagoer wrote: »
    111KAB
    Do you think I would have a chance?



    Don't know your full position however on the two year Thomson/Dawson/appeal situation I expect Thomson to go down so if that is your worry I personally think you stand a good chance. Others may wish to comment but if you do 'go for it' a) you still have a little time to have a think and b) make sure you get everything right as Thomson will be looking for loopholes.
  • Goagoer
    Goagoer Posts: 27 Forumite
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    Vauban - as I said in my original post we were given no reason for our delay. 10 minutes before the scheduled departure time we were called to the desk to be told there was a delay and given refreshment vouchers. Despite repeated demands for information from increasingly agitated passengers no information or reason was forthcoming. Thomson have never mentioned any reason for delay in any correspondence, only citing the 2 year rule.
    Wish I didn't feel so daunted about taking court action myself but, as 111KAB says, I would need to ensure I got everything right and I have no knowledge or experience in this area.
    Thanks again.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Well you could start a claim - it will cost about £80 - and see what defence the airline offers. That bit is relatively easy (instructions in the "Taking the Airlines to Court" thread. It what comes after that gets trickier.

    Can you rule out air traffic control and bad weather? They're probably the two most common problems that a court would likely regard as "extraordinary". Technical or operational reasons are most unlikely to be.

    So your call: call their bluff (if you're up for the fight), or not.
  • Delayed
    Delayed Posts: 3 Newbie
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    Vauban wrote: »
    Delayed: I don't mean to alarm you, but if you have your court day fast approaching and are still unsure about technical faults as extraordinary circumstances, have you done your homework? Have you pulled together your legal argument and bundle of papers? When do you need to serve your papers by?

    Clearly not enough homework! I thought under article (EC) 261/2004 the airline couldn't use technical faults, my argument was that it was unreasonable to have to wait for a part to be flown from the uk to Mexico 24hrs we waited and not have proper parts suppliers closer.
  • malcolmlowing
    malcolmlowing Posts: 11 Forumite
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    JarvJarv wrote: »
    Received full compensation last week without going to court, although I had started court proceedings and had received notice that Thomson were going to defend.
    To get as much information as possible for my bundle I had made a Data Subject Access Request; amongst many, two items requested were, a copy of the passenger manifest and a copy of all correspondence about me or my booking reference from the CAA.
    Apart from the manifest all information was received within the 40 days so I telephoned T,s legal department to enquire, I was told that the manifest data was stored elsewhere but could be retrieved for £1500, payable by me.
    The CAA info was a one liner stating,
    "CAA have contacted us regarding this customer - there flight has been authorised for comp by pc."
    Disregarding the spelling mistake I asked for an explanation of this and after a bit of toing and froing and negotiation they agreed to pay in full immediately.
    Accepted, and compo in the bank within a week.

    I take back some of my criticism of the CAA, they clearly are doing something but they need more b***s and get tougher with the airlines.

    My thanks go to all forum members that have given advice and especially those that have specifically replied to my posts, David_e and CobyBenson to name but two.:beer:

    To all others pursuing a claim don't give up; as the saying goes "illegitimi nil carborundum".
    JJ:T
    Do we know what pc means in this context?
  • Vauban
    Vauban Posts: 4,736 Forumite
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    malcolmlowing wrote: »
    Do we know what pc means in this context?

    I assume it is the initials of a manager?
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Delayed wrote: »
    Clearly not enough homework! I thought under article (EC) 261/2004 the airline couldn't use technical faults, my argument was that it was unreasonable to have to wait for a part to be flown from the uk to Mexico 24hrs we waited and not have proper parts suppliers closer.

    If only it were that easy! The Regulation doesn't mention technical failures at all, but it does say that:
    (14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

    The airlines usually claim that a technical failure constitutes an "unexpected flight safety shortcoming". The claimant then counters with the judgement of Wallentin, which generally says that it is not. But Wallentin is not absulutely unambiguous, and therefore requires some careful argument. The claimant also usually argues, especially for a delay like yours, that the airline has not used "all of its resources" to try to prevent the delay (which is a second test introduced by Wallentin).

    But all of this needs to be put down in writing, with supporting documents assembled into a bundle. You should have had an order from the court telling you to do this? Have you? When is your hearing?

    If you don't get all this together, you are likely to get spanked - and possibly even liable for the other sides legal costs if you have failed to mount a proper claim.
  • chezza2524
    chezza2524 Posts: 37 Forumite
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    Well, after receiving an email yesterday with 2 witness statements I have just received their bundle which was sent yesterday. It seems as though someone is taking the mick with the court process
  • JPears
    JPears Posts: 5,086 Forumite
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    chezza2524 wrote: »
    Well, after receiving an email yesterday with 2 witness statements I have just received their bundle which was sent yesterday. It seems as though someone is taking the mick with the court process
    Sounds all very last minute, which means bundle is cobbled together and probably full of holes for you to pick at and dismantle. :D
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