Flight delay and cancellation compensation, Tui/Thomson ONLY

blondmark

Gorbar wrote: »

We posted our claim forms on 27th December,56 days up on Friday. I rang on Friday & they said I should get a letter early this week!!

You deserve a medal for your patience (do they do those?). I'd have sued mid-Jan.

sprucedmoose

Hi,

Newbie here so please be gentle!

I have just read through the Flight Delayed compensation page and all 9 pages of this thread.

I was delayed by 12hrs in Aug 2011 on my way back from Portugal to Exeter. Thomson gave us a letter stating "technical problems on arrival at Faro" as the reason for the delay. Spares and engineers were flown in from the UK, but I do not believe this to be EC, so am submitting my claim for €400 per passenger. There were 4 of us in my party so I expect €1600.

Having read the thread, I am aware that Thomson may do everything they can to persuade me to drop my case - ask for boarding passes/passports, delay tactics etc. Fortunately I have all the booking literature and all 4 boarding passes, proving we (eventually) were on the flight as well as a copy of the letter from the airline. Hopefully this will be sufficient evidence, but I do not expect it to be a smooth evolution. €1600 is a lot of cash, so I am prepared to go to court if needs be.

If anyone else was on the flight and needs a copy of the letter from the airline, pm me and I'll send one through.

Looking forward to seeing how others get on. Fingers crossed all round!!!

7Cat72

We had a 5 hour delay on a flight coming back from Cape Verde to Manchester last month. I wrote to Thomson enclosing copies of boarding pass and my booking confirmation. After 4 weeks with no response, I emailed them via their website last week. The following day I received an email from them – a general template letter with the paragraph:

“ We've looked in detail at the circumstances that surround your experience and I can from our flight records that your flight was diverted to Gatwick following the detection of a safety issue with the aircraft. Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was discovered following the aircrafts pre-flight safety checks.”

The flight mentioned above was the previous flight departing from Manchester to Cape Verde, not our flight. The above diversion was what delayed our flight home to Manchester.

Now also on the same day as receiving the email from Thomson, I also received in the post from them some claim forms.

Do I complete forms and write back stating they are referring to the previous flight or do I now write to CAA?

Gorbar

Just had a reply from Thomson regarding my delay from Paphos to Exeter 14/12/2011.Would like to know if it is worth taking them to courtAfter investigating your claim for compensation, I can see from our internal airline reports that your flight was affected by a delay of 5 hours and 55 minutes as a result of a delay on the previous flight. This flight was diverted to London Gatwick due to issues with cabin pressurisation in-flight. An alternative aircraft was sent out for your flight as a result.

I'm sure you can appreciate, the reason for your delay was as a result of an event beyond our control. As the delay to your flight was caused by extraordinary circumstances, the Regulation does not require us to make a payment.

I realise this isn't the outcome you were hoping for and I hope my letter goes someway to further clarifying the legislation and our obligations as an airlin

blondmark

Gorbar wrote: »

Just had a reply from Thomson regarding my delay from Paphos to Exeter 14/12/2011.Would like to know if it is worth taking them to courtAfter investigating your claim for compensation, I can see from our internal airline reports that your flight was affected by a delay of 5 hours and 55 minutes as a result of a delay on the previous flight. This flight was diverted to London Gatwick due to issues with cabin pressurisation in-flight. An alternative aircraft was sent out for your flight as a result.

I'm sure you can appreciate, the reason for your delay was as a result of an event beyond our control. As the delay to your flight was caused by extraordinary circumstances, the Regulation does not require us to make a payment.

I realise this isn't the outcome you were hoping for and I hope my letter goes someway to further clarifying the legislation and our obligations as an airlin

The knock-on effect of a delay to the previous flight does not amount to extraordinary circumstances on your flight ... see Oyj v Timy Lassooy (Case C-22/11). The airline should also have had spare aircraft available (Xa ZR 15/10). If they had nothing available for 3 hours + then you would be entitled to claim.

blondmark

7Cat72 wrote: »

We had a 5 hour delay on a flight coming back from Cape Verde to Manchester last month. I wrote to Thomson enclosing copies of boarding pass and my booking confirmation. After 4 weeks with no response, I emailed them via their website last week. The following day I received an email from them – a general template letter with the paragraph:

“ We've looked in detail at the circumstances that surround your experience and I can from our flight records that your flight was diverted to Gatwick following the detection of a safety issue with the aircraft. Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was discovered following the aircrafts pre-flight safety checks.”

The flight mentioned above was the previous flight departing from Manchester to Cape Verde, not our flight. The above diversion was what delayed our flight home to Manchester.

Now also on the same day as receiving the email from Thomson, I also received in the post from them some claim forms.

Do I complete forms and write back stating they are referring to the previous flight or do I now write to CAA?

The knock-on effect of a delay due to problems with the previous flight does not amount to extraordinary circumstances on your flight ... see Oyj v Timy Lassooy (Case C-22/11). The airline should also have had spare aircraft available (Xa ZR 15/10). If they had nothing available for 3 hours + then you would be entitled to claim.

You don't need to complete their forms - you need only provide them with the facts of your claim and give them 14 days notice of the issue of proceedings. Then you sue. The CAA aren't going to be able to do anything other than delay your claim.

Mark2spark

Gorbar wrote: »

Just had a reply from Thomson regarding my delay from Paphos to Exeter 14/12/2011.Would like to know if it is worth taking them to courtAfter investigating your claim for compensation, I can see from our internal airline reports that your flight was affected by a delay of 5 hours and 55 minutes as a result of a delay on the previous flight. This flight was diverted to London Gatwick due to issues with cabin pressurisation in-flight. An alternative aircraft was sent out for your flight as a result.

I'm sure you can appreciate, the reason for your delay was as a result of an event beyond our control. As the delay to your flight was caused by extraordinary circumstances, the Regulation does not require us to make a payment.

I realise this isn't the outcome you were hoping for and I hope my letter goes someway to further clarifying the legislation and our obligations as an airlin

Talk about shoot yourself in the foot Thomson! :rotfl:
So it's beyond your control the delay, but, errr... you sent another plane? Did anyone else send this plane? No? Then errr... actually.... it IS within your control as you have just admitted! If you had sent the plane more quickly then there wouldn't have been a 3 hr + delay!!
Laughable.

Gorbar

Mark2spark wrote: »

Talk about shoot yourself in the foot Thomson! :rotfl:
So it's beyond your control the delay, but, errr... you sent another plane? Did anyone else send this plane? No? Then errr... actually.... it IS within your control as you have just admitted! If you had sent the plane more quickly then there wouldn't have been a 3 hr + delay!!
Laughable.

After reading it through again I agree with you. The flight from Exeter was the first out 9am, so how could it have happened on the previous flight
Would like to hear from anybody else who was on Flight TOM 6301 from Paphos on 14/12/2011. A few of us where sat chatting trying to pass the time

nigelpm

Oh dear - they are still trying to use the "extraordinary" as a get out clause even though there is nothing "extraordinary" about certain situations - take them to court.

EFK17

abz_sco wrote: »

Hello,

I thought I would join in -

I sent off my complaint for a 40hour delay coming home from Gran Canaria in 2011, guess I will wait for this form I need to fill out and see what info I have or haven't got. Will let you know how I get on. Would be good to hear in anyone actually have recieved any compensation back...

Cheers!

Hi,
I made a claim after this same delayed flight on my return home in JUNE 2011 and basically I got nowhere BUT now have posted my EU claim (DEC 2012)using the NEW Thomson Claim FORM!! having waited one month to receive them. Spoke yesterday for update and highlighted their 56 days were up!! The Call centre suggested they would expect I should receive a reply this week.
I'll wait and see. On another note as you may be aware the CAA can help if you receive no compensation, however, on speaking with CAA last week they cannot assist since the Spanish CA would have to be contacted since the delay was at Gran Canaria!! The CAA rep I spoke to did say they had argued about such a situation and they were willing to assist regardless of where the delay occurred BUT EU would not agree.

I am also awaiting news with regard to a further claim re 24 hour delay from EDINBURGH to PAPHOS on 30 September 2012!!