Flight delay and cancellation compensation, Tui/Thomson ONLY

edited 1 July 2014 at 4:03PM in Flight Delay Compensation
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  • Thanks again, that's the way I read and understood it.
  • edited 22 February 2013 at 5:08PM
    Bobby_dogBobby_dog Forumite
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    edited 22 February 2013 at 5:08PM
    Ihave just received the defence statement from Thomson together with theallocation questionnaire that needs to go back to MCOL ASAP so advice neededregarding ways forward.

    Theyaccept both the delay and mileage for the flight, but as expected they deny they areliable for the amount claimed using Extraordinary circumstances .

    Theirdefence is as follows – “Usual Montreal Convention stuff ending with - Suchcircumstances may, in particular, occur in cases of political instability,meteorological conditions incompatible with the operation of the flightconcerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of anoperating air carrier.”

    Thedefendant will state that on xx/xx/20xx, aircraft registration x-xx, washeavily damaged by a bird strike during its take off from xxxxxx, USA. As aresult of these aircraft being out of service, the air carrier was required tomake reactionary changes to the flight programme.

    Asper the above, the defendant will state as the defect with the aircraft wasdetected outside of regular maintenance and the defect was not the result ofpoor maintenance, then the defect cannot be considered inherent with the normaloperations of the airline.

    Thedefendant will state that had it not been but for the bird strike on theaircraft on the airline’s other aircraft, there would not have been reactionarydelays, and therefore, the delay to the claimant’s flight would not haveoccurred.
    What theyclaim happened 3 days prior to our flight and it was in America, plus on a letter Ireceived from them at the time it stated the reason for the delay was “Yourflight was delayed due to a technical issue on the previous rotation”. Theyalso appear to be using the word “strikes” as bird strikes rather than airtraffic controller strikes etc. All advice and views needed. Thanks.
  • GeorgeMc wrote: »
    I emailed Thomson on the 1st Feb about a delayed flight in 2009 to Turkey and received a template back asking for more details, I filled this in and sent it back on the 2nd Feb.

    No news yet but its only been a few weeks and reading on here it could take a long time!

    The CAA have a standard letter template on their website which I used. Thomson replied but did not compensate so I have now put it in the hands of the CAA. Look on their website it is quite helpful.
  • Anyone claiming for delayed flight TOM108 from Manchester to Barbados on 1st April 2012 - over 7 hour delay?
    Does "a faulty part, which couldnt be repaired and one had to be flown in from Luton, which took so long that a new pilot had to be flown in from his holiday in Scotland" count as EC?
    Many thanks for your help
  • spaceaarvarkspaceaarvark Forumite
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    didi4 wrote: »
    Does "a faulty part, which couldnt be repaired and one had to be flown in from Luton, which took so long that a new pilot had to be flown in from his holiday in Scotland" count as EC?

    I am sure you know the answer already!
    It is a big fat NO.
  • flight delay from norwich to corfu, only two flights per week! Yet they want proof of delay, boarding passes and passport details. 7 or 8 hour delay, does anyone else have a claim in for this flight?

    Do I also claim for food, wine and taxi? Do I have to provide receipts or is there a standard sum?

    Advice, assistance welcome.
  • edited 22 February 2013 at 2:00PM
    martynh99martynh99 Forumite
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    edited 22 February 2013 at 2:00PM
    Ok i've done lots of reading of the original article, the FAQ's and lots of posts in the main general thread but I have a question regarding a claim.

    The flight was in Dec 2006 , I took the issue up with First Choice on return in Jan 2007 , was in communication with them until Apr 2007 when they told me no compo.
    The flight was delayed by almost 5 hours(faulty temperature sensor on wing) during which time we were left sat on the plane, 4 hours into this delay my wife became ill and we left the plane and had to rebook at our expense.


    As I have lots of correspondence with FC dated upto Apr 2007 and below is their closing written comment on the matter could I still get this heard by the courts if necessary ? The reason I ask is that the MSE article said any flight since Feb 2005 but there's lots saying if it's over 6 years forget it.

    The delay was caused by unforeseen technical difficulties and an alternative aircraft was found. It would also be for customers to mention to airport staff at the time, if they wished to take advantage of the conditions set down in the EU Regulations.




    Various other comments of theirs are

    If a flight is delayed between two and four hours we will try and provide meals and refreshments in a reasonable relation to the waiting time. But these arrangements may not be offered if making the flight delayed longer.


    When a flight encounters a delay of over five hours, passengers are entitled to a refund of the airfare portion of their holiday, should they choose not to travel on the flight. As your flight was delayed under five hours this didn't apply to you. When a flight is delayed the airline or tour operator will not assist in finding alternative flights that is up to the individual who has decided not to travel on their allocated flight.

    It's probably also worth noting that the flight we rebooked on was due to go out 1.5 hours before we booked onto it, turns out this was the plane they 'acquired' to send out on the earlier flight and we actually ended up going out on the later flight but on the same plane (since repaired) that we'd been sat on earlier in the day !
  • 111KAB111KAB Forumite
    3.6K Posts
    martynh99 wrote: »
    Ok i've done lots of reading of the original article, the FAQ's and lots of posts in the main general thread but I have a question regarding a claim.

    The flight was in Dec 2006 , I took the issue up with First Choice on return in Jan 2007 , was in communication with them until Apr 2007 when they told me no compo.
    As I have lots of correspondence with FC dated upto Apr 2007 and below is their closing written comment on the matter could I still get this heard by the courts if necessary ? The reason I ask is that the MSE article said any flight since Feb 2005 but there's lots saying if it's over 6 years forget it.

    UK law > you can only commence action within 6 years of the occurence ~ end of.
  • Lob-LegLob-Leg Forumite
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    Hi All.

    I have a claim (stuck in the Dominican Republic for an extra day - bummer) but I went to EU Claim as I thought that their fee was worth it to take away the hassle.

    They have since appointed a solicitor in the UK to handle these claims. They are called Bott and Co and looking at their website, they do a lot of no win no fee stuff. They also advertise that you keep all of the compensation (although this is a general comment)

    It may be that now they have all of EU Claims claims, they will take on other individuals directly on a no win, no fee basis and getting their fees from the airline.

    I dont think I can go that way but it might be worth it for people who have started the claim themselves if theres nothing to lose.

    Cheers

    Steve
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