Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

1967lor wrote: »

thanks for replying, I have checked stats and it says my flight tom 533 was cancelled yet the letter from Thomson says delayed, the flight we took the following morning is not on the stats, does anyone know why, as I would love to find it. cheers

Flight stats doesn't always get it right. Our plane showed "cancelled" and we were put on another plane the following day. This plane was not scheduled and had the same flight number, so in fact this was regarded as a delay rather than a cancellation. If the same circumstances apply to you, then you were also delayed. (I assume that the fact no scheduled flight is coming up in a search for that days means this is right). Ask the airline to confirm arrival and departure times if you don't know them.

Eyeballtall19

Good Afternoon,

Please can you help me

I had a delayed flight from Ibz to EXT in October 2009.

Not only was the flight delayed over 8 hours we flown back into BRS.

Thomson have responded back with because it was over 2 years ago, they wont look at it

The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Please can you advise

Thank you in advance:money:

Eyeballtall

Vauban

Eyeballtall19 wrote: »

Good Afternoon,

Please can you help me

I had a delayed flight from Ibz to EXT in October 2009.

Not only was the flight delayed over 8 hours we flown back into BRS.

Thomson have responded back with because it was over 2 years ago, they wont look at it

The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Please can you advise

Thank you in advance:money:

Eyeballtall

My advice is to "eyeball" the forum - use the search facility - as the question, and what to do next, has been answered lots of times before. The two years point holds no water - the limit is six.

richardw

Have a bit of a search of these threads, it's been mentioned before. See post nr 2 in this thread.

romanby1

Eyeballtall19 wrote: »

Good Afternoon,

Please can you help me

I had a delayed flight from Ibz to EXT in October 2009.

Not only was the flight delayed over 8 hours we flown back into BRS.

Thomson have responded back with because it was over 2 years ago, they wont look at it

The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Please can you advise

Thank you in advance:money:

Eyeballtall

Tell them in a NBA you are climing under EC 261/2004 and the time limit is 6 years under the Limitation Act. Can't remember the year. Google it.

Vauban

romanby1 wrote: »

Tell them in a NBA you are climing under EC 261/2004 and the time limit is 6 years under the Limitation Act. Can't remember the year. Google it.

I'm predicting next: "What's an NBA?";)

romanby1

Vauban wrote: »

I'm predicting next: "What's an NBA?";)

I aggree.
SOME PEOPLE ARE JUST TOO LAZY TO STUDY THIS SITE in particular the Sticky posts at the top.

merlinsmum0

Hello!

Long time lurker here looking for some advice in respect of my 2010 claim against Thomson. I have used the really helpful info on this forum and I am at the MCOL stage having now received Thomson's defence.

I'd be grateful for your thoughts:

1st page of the defence - all the usual 2 year rule stuff and asking that I show proof that we were on flight (I'm ok with this - plenty of info about in respect of the Limitations Act on here and we have our passports stamped showing we were at the airport which should be good enough).

2nd page - quotes unforeseeable circumstances and talks about the ash cloud chaos during 2010. It goes on to state that the delay was due to the crew who were due to bring us home having to bring home stranded passengers resulting in the crew going over their flying hours. It then states that this is classed as extraordinary circumstances.

The defence then talks of a defect being mentioned earlier in the defence but I think this has been left in error when they were copying and pasting!

Finally, Thomson deny interest and put us to strict proof of our loss.

Now, my quandary is this:

I appreciate that there was ash cloud disruption in April and May 2010. Having looked for info from a number of sources, it appears that the airspace was fully open from 18th May with no further ash cloud restrictions.

We did not fly out on our hols until 22nd May (no delay outbound from Manchester) and the delay affected our return flight on the 5th June!

In my opinion, Thomson had over 2.5 weeks to take reasonable measures to ensure that a crew was available to bring us home without us suffering such a long delay. However, I'm concerned that the courts may view the ash cloud defence favourably given that it is so often quoted as an E.C.

I'd be grateful for your thoughts

spaceaarvark

phritchie wrote: »

You say your flight was in 2009? Did you first submit your claim a while ago and it's only come to court now? Or did you also get the 'two year claim limit' nonsense and have now got a result? This is the only excuse Thomson have given me so far, and I'm waiting to see if they are caving in to it.

Yes the delay was in 2009, and I did nothing (and was not intending to do anything) until I heard about Regulation 261/2004 9 months ago, so the first time I contacted Thomson was November 2012.

Yes, I got the 2 year limit response, which I challenged (waste of time!). They were adamant that they were correct, so I issued the NBA and subsequently raised a claim through MCOL.

They went through the "our defence is there is a two year limit, and anyway it was extraordinary circumstances". We got a date for a hearing and then with 3 weeks to go they made an offer. The offer was at a very slightly different exchange rate, but no mention of interest, so I rang them and said "what about the interest" and they agreed to that.

My feeling is that all claims get the 2 year limit and/or extraordinary circumstances defence, but these evaporate as you get close to a court date.

romanby1

Posts 2002 and 2003 have been answered so many times previously on this airline forum and all the others. Do some homework and you will see you are receiving a load of crap. The only solution is court if you have a good case.