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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • romanby1
    romanby1 Posts: 294 Forumite
    edited 1 August 2013 at 12:24PM
    MissMGB wrote: »
    Hi everyone,

    Haven't posted before but have read all the thread and just wanted to say thanks for all the good advice. We were delayed over 9 hours on a Thomson flight from Majorca to Aberdeen last October with our baby. Attitude from the Thomson reps was disgusting, they wouldn't even leave their desk to tell us each time the flight was knocked back, the only information we got was from the departure boards.

    After writing to Thomson and CAA and jumping through all the hoops requested I was getting nowhere so started doing some Internet research. Stumbled across this forum, made a small claims court application (Scotland) and after rejecting their initial offer I have accepted an out of court settlement for full amount owed plus interest plus court fees so over £1000 in total.

    So those of you who are thinking of taking legal action should get on and do it!
    Similar to our claim. It appears if Thomsons are pushed they jump for the sensible conclusion. If your claim is a good one PUSH, PUSH, PUSH.
  • laticsforlife
    laticsforlife Posts: 1,313 Forumite
    Part of the Furniture 1,000 Posts
    Incidentally, I filled in for the mediation to show willing but there is no way, judging by other comments, that this will happen. Does anyone have advice on what to do next or if someoen phones to mediate? what should we be saying?
    Thanks
    The point of mediation is not to have a legal discussion, but simply a way of clearing it without it going to Court - so your stance is quite simple, you want the Euros (accept the exchange rate at the time of delay) plus the interest plus all your court costs to date, and if it is more than 7 days before your Court date you can get back the £165 from the Court so Thomson don't have to pay that bit.

    Why budge at all, after all Thomson will save a full days costs of a Barrister and assistant plus travel costs etc etc, so that is where they save costs - I intend to be quite difficult in this if they decide to mediate.

    Don't forget to update the interest from the amount you initially cliamed and the date of mediation, at £0.28p per day.

    NB I got a letter from the Manchester mediation office and have left a message to say I'm quite happy to go down this route, however the message suggests it's one girl running this and she's off until the 6th August, LOL.
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
  • Rooonaldo
    Rooonaldo Posts: 15 Forumite
    19 hour delay.Made a claim which was refused.Issued Court proceedings which are defended on the basis that a hydraulic leak was exceptional and could not have been picked up in ordinary maintenance checks.They rely on Nelson v Tui.So do I!
    Are there any other cases which may assist me?Any other thoughts?
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Rooonaldo wrote: »
    19 hour delay.Made a claim which was refused.Issued Court proceedings which are defended on the basis that a hydraulic leak was exceptional and could not have been picked up in ordinary maintenance checks.They rely on Nelson v Tui.So do I!
    Are there any other cases which may assist me?Any other thoughts?

    Give me a "W" ... Give me a "A" ... [those are the only clues you're getting, but the FAQs on page one has more.]
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Rooonaldo wrote: »
    They rely on Nelson v Tui.So do I!
    Are there any other cases which may assist me?Any other thoughts?

    Friederike Wallentin-Hermann v Alitalia - Linee Aeree Italiane SpA is your friend.
  • Rooonaldo
    Rooonaldo Posts: 15 Forumite
    Thanks to you both.When You said W...A I thought for a moment you were about to be rude Vauban!However I think you were making the same point as 111 KAB.I now have that case which is helpful.

    Many thanks.
  • an update, and what a company. Having listened to mse on the radio today, and martin lewis giving the caa a hard time, I had hoped that my latest discussion with thomson was a joke. However they now have dropped the exceptional circumstances defence and are relying on the two years as being relevant.
  • blondmark
    blondmark Posts: 456 Forumite
    an update, and what a company. Having listened to mse on the radio today, and martin lewis giving the caa a hard time, I had hoped that my latest discussion with thomson was a joke. However they now have dropped the exceptional circumstances defence and are relying on the two years as being relevant.

    Make sure that THIS, THIS and THIS are in your bundle.
  • Star9272
    Star9272 Posts: 99 Forumite
    PPI Party Pooper
    Star9272 wrote: »
    Hello

    Would like to know if anyone reading this forum was on board the above flight that was delayed over night?

    Thank you

    The Information given for the delay 'if you are covered by your holiday insurance and would like to Persue a claim'
    'The aircraft due to operate your flight suffered a technical problem on arrival at Heraklion. Although this was rectified the crew had exceeded their legally permitted working hours and were required to take minimum rest before operating back to Manchester. The flight operated at the earliest opportunity the following day
    16 hours delay begging hotel for water & food as they didn't know if Thomson would pay them.
    Doesn't sound good to me.
  • matt2baker
    matt2baker Posts: 114 Forumite
    Seventh Anniversary Combo Breaker
    mykola45 wrote: »
    I booked a package hol with Thomson last
    Sept for this Sept with Day flights

    Thomson have now altered these flights to
    later flights at night by 7hrs 15min
    out and 5hr 15 min return

    These are no good to me and I had to re-book
    for another day at a further £300 cost

    They say they can alter the flights anytime they
    want


    and you had (have) the right to cancel without any costs incurred, and receive a full refund......................
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