Aaagh! Thomson/insurance company and flight delay

Miss_Ratty

Oh dear, I feel so annoyed. On my honeymoon in April, our outbound flight from Birmingham was delayed by seven hours from 9.30 am to 4.30pm, then once we boarded the plane had a technical issue and we had to divert to and land in Manchester. We landed at 6pm, and waited in the airport until 11pm, when we were then told we would be flying the next day. We eventually departed at 11.30 the next day, 26 hours later than our scheduled departure. Thomson did put us up in a hotel that evening, but refused to allow us access to email- as we wanted to contact the car hire company and the hotel, as we missed the first night there (we traveled around so it wasn't a package holiday).

I wrote to Thomson referring to the EU legislation regarding compensation, and have basically received a response saying that the legislation makes no reference to compensation, that they are "not in the business of compensating" and that the technical issue was "exceptional circumstances" anyway and we would not qualify for compensation. They did not actually state what the technical issue was (as I requested so that I could chase up the insurance claim). I later discovered on some flight forum that it was the hydraulics.

Anyway I also received a letter back from my insurance company, who say that because the delay was less than 12 hours, I do not qualify for my hotel/car hire to be refunded or the amount they specify for delays over 12 hours. Well, we actually successfully departed 26hours after we were supposed to, so I consider this a delay of more than 12 hours - however they don't see it like that, as there were two separate delays.

Does anyone know what I should do next? I'm so so super annoyed!!! :mad:

lfc84

Did the flight from Manchester have the same flight number as the flight from Birmingham?

Make a complaint to the travel insurance company and the CAA

http://ec.europa.eu/transport/passengers/air/doc/complain_form/eu_complaint_form_en.pdf

see article 6

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF

and

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0402:EN:HTML

Articles 5, 6 and 7 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation when they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.

Miss_Ratty

It did have the same flight number. I was looking at other posts and the mse page http://www.moneysavingexpert.com/travel/flight-delays which seemed to suggest that compensation was entitled...the legislation doesn't seem to match the statement on the mse page though, which is a bit confusing.

Miss_Ratty

I also got the impression from Which that compensation was allowed...http://www.which.co.uk/consumer-rights/travel-rights/flight-delays-and-cancellations-your-rights/flight-delays/

bagand96

Anyway I also received a letter back from my insurance company, who say that because the delay was less than 12 hours, I do not qualify for my hotel/car hire to be refunded or the amount they specify for delays over 12 hours. Well, we actually successfully departed 26hours after we were supposed to, so I consider this a delay of more than 12 hours - however they don't see it like that, as there were two separate delays.

That sounds like the insurance company being an insurance company and trying to wriggle out of it by any means possible. Read through your policy T&Cs and see if anything is mentioned about this, and then go back to them. Fight them for what you are due!

Compensation. The EU regulation 261/2004 initially did not provide compensation for delays (your case is a delay - a very long one, but still a delay). However, since then there have been some test cases in European Courts that have basicaly set a precedent that very long delays should be entitled to the same compensation as a cancellation (in your case €600 each).

This gets further complicated because some UK airlines have appealed against these rulings that delays should attract the same compensation as cancellation (they maintain that flight safety issues, hydraulics for example, are beyond their control - there are arguments for both sides). While this appeal is sorted any claims for the full compensation due to a delay are on a "stay" - meaning that you wont be able to take Thomson to small claims court just yet (and small claims court is where you will end up as I doubt Thomson will volunteer this money).

There are people that understand this far better than me who will be able to advise you on your next move. There is a user on this forum, Cityboy who is very clued up. He also posts on flightmole.com which is a dedicated forum for this issue. Will be worth your while posting there!

lfc84

https://forums.moneysavingexpert.com/discussion/47230

lfc84

http://www.caa.co.uk/docs/125/DBC_Advice.pdf

Miss_Ratty

Thank you very much for that...I'm going to contact the CAA (AUC) for some advice also...

Miss_Ratty

I found these also, which I provided the links to in my email to the AUC:


Which: http://www.which.co.uk/consumer-rights/travel-rights/flight-delays-and-cancellations-your-rights/flight-delays/

Money Saving Expert: http://www.moneysavingexpert.com/travel/flight-delays

This is Money: http://www.thisismoney.co.uk/bargains-and-rip-offs/travel/article.html?in_article_id=503227&in_page_id=1093 (reference to long delays)

Telegraph: http://www.telegraph.co.uk/travel/travelnews/8330939/Compensation-for-flight-delays-may-resume.html

ATAB: http://www.atab.org.uk/2011/06/flight-compensation-your-rights/

bagand96

I found these also, which I provided the links to in my email to the AUC:

The AUC won't need these links, they are the UK enforcement body for EC261/2004, they will be familiar with the rules

Your main problem is that the compensation for long delays hangs on the test cases in the EU courts. And at the moment the airlines have appealed this ruling so any current cases are on a "stay" and no new cases will be heard.

Have you taken this to flightmole forums yet? They really are the experts....

Miss_Ratty

Whoops, hope they don't think I'm trying to teach them to suck eggs!!! I also had my query published on the BBC news website and the expert person said that I was entitled...going to post on flightmole for sure and await a response from the CAA.

Thanks everyone for your help x