Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

peercee wrote: »

We flew from Manchester to Cancun May 2008 on a First Choice flight.
I wrote to First Choice at Wigmore House Luton with my original claim and Thomson replied.
However the return address on their envelope showed TUI UK Ltd
Can anybody tell me the name of the company I should put on the Court papers. I know the case will be thrown out if the name is wrong.

Thomson Airways Ltd

peercee

Vauban wrote: »

Thomson Airways Ltd

Blimey. That was quick.
Thanks Vauban.

Surfhopper

A nine hour wait at East Midlands Airport on December 16 2011, almost six hours delay in the flight to Barbados, and no information as to why...UNTIL I made a claim for compensation, and Thomson reject it because they say an "unusual and unforseen" fault was found in an aircraft on a previous flight. They said "This caused a knock-on delay to your flight.The aircraft is unable to be legally dispatched with this defect. The decision was then made to use an alternative aircraft to reduce any further delay. Therefore the root cause of the delay sits under Extraordinary Circumstances as the echnical difficulty with the aircraft was not due to poor maintenance and therefore could not have been forseen."
I have contacted the CAA which says it is inundated with requests for help on compensation claims. What should I do now? Eight letters have so far passed between me an Thomson, with no result.:D

georgewn.1

Does anyone on here have a direct telephone numder or email address for thomson airways please.

Surfhopper

SciTech wrote: »

So... After much waiting I've finally sent Thomson a NBA letter as previously had 2 year rubbish etc.

Originally requested compensation in July 2010 after both flights to and from Manchester/Rhodes were delayed over 3 hours at the end of May/beginning of June. Thomson refused to pay as they were appealing against the EU ruling, so waited until the ruling was made and as they lost resubmitted the claim. I have emails from them, in July 2010, admitting that one of the delays was due to 'crew being out of hours' but finally got a letter describing why I'm not eligible for compensation...

So... the inbound flight to Manchester (now I'm assuming this was the aircraft that would take us to Rhodes) was originally delayed due to technical defect which the aircraft could not legally fly with until it was rectified, also the third party catering company contributed to the delay after issues with catering.....as both circumstances were unforeseen and unpreventable this is classified as extra ordinary circumstances and therefore not eligible for compensation!

They then quote various cases eg Nelson v Lufthansa and C629/10 TUI and IATA v UK CAA and then Wallentin-Hermann v Alitalia

In summary they say... In the case of the issue that affected your aircraft, there was an unexpected technical problem with another aircraft just prior to departure, which the pilot believed need further investigation... Etc

So, am I right in thinking the aircraft that was scheduled to take my family to Rhodes had a problem before it returned to Manchester and therefore the delay was due to 'knock-on effects' which isn't EOC?

On another note Thomson don't even mention our return flight from Rhodes on 5th June 2010, which we are also claiming for along with the flight from Manchester on 29th May 2010? I wonder why??. And no mention of crew out of hours this time!

Once 14 days up will being court proceedings,

Same for me - technical fault on previous aircraft, knock-on effects

Surfhopper

lesley_uk wrote: »

Hi, Is it possible that people could post the background circumstances to their successful claims, just so we can get an idea of what they are actually compensating for. We were 24 hour delay in April 2011 from Sanford to Birmingham where our scheduled plane was used to take home other passengers stranded the day before after a bird strike. Weve had the standard reply of Extra Ordinary Circumstance.
Thanks in advance for any info.

As far as I can see every letter of rejection of claims from Thomson is identical, quoting problems with previous flights and extraordinary circumstances. If they are telling the truth there must be a continuous stream of broken planes going in and out of the repair shops. Maybe we should combine our efforts, hire a lawyer and sue them en-masse.:D

stavros42

Surfhopper wrote: »

A nine hour wait at East Midlands Airport on December 16 2011, almost six hours delay in the flight to Barbados, and no information as to why...UNTIL I made a claim for compensation, and Thomson reject it because they say an "unusual and unforseen" fault was found in an aircraft on a previous flight. They said "This caused a knock-on delay to your flight.The aircraft is unable to be legally dispatched with this defect. The decision was then made to use an alternative aircraft to reduce any further delay. Therefore the root cause of the delay sits under Extraordinary Circumstances as the echnical difficulty with the aircraft was not due to poor maintenance and therefore could not have been forseen."
I have contacted the CAA which says it is inundated with requests for help on compensation claims. What should I do now? Eight letters have so far passed between me an Thomson, with no result.:D

Stop wasting time with letter writing excersises, LBA with 14 days in which to reply then ultimately Small Claims Court.

sundabish

lesley_uk wrote: »

Hi, Is it possible that people could post the background circumstances to their successful claims, just so we can get an idea of what they are actually compensating for. We were 24 hour delay in April 2011 from Sanford to Birmingham where our scheduled plane was used to take home other passengers stranded the day before after a bird strike. Weve had the standard reply of Extra Ordinary Circumstance.
Thanks in advance for any info.

We were on the same plane which had a technical fault on 17 April and were diverted to Bermuda. PM me for details. Thomson have now admitted it was a loose connector in the hydraulic system but still say it was outside theri control! The plane had just come out of heavy (C) maintenance on 11 April.

Harrys_gran

Has anyone actually been awarded & received flight delay compensation from Thomson ?
If I am to go to Small Claims (Thomson have rejected with usual 2 yr exclusion statement) will need to do so in the next 2 weeks.
Is it worth it ?

111KAB

Harrys_gran wrote: »

Is it worth it ?

Without knowing the full story difficult to comment however in the vast majority of cases it is worth it if your ultimate aim is to gain financial compensation.