Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Larry1000 wrote: »

The delay of our aircraft into Tenerife meant the crew were out of hours so our flight Tenerife to Gatwick was therefore cancelled.

You have a valid claim however are you sure your flight was cancelled and you were therefore given a different flight number etc. There is a distinct difference between a cancelled and delayed/postponed flight?

cocksy81

Hi All,

First time post. Just need a quick yes or no as to whether you think we have reasonable grounds for a claim?

Last year my family flew back from holiday in the Algarve.

Upon arrival at the airport our flight (although sat on the runway) had been cancelled. The reason for this was an earlier flight from Lagos to Stanstead had been cancelled due to technical problems causing a severe delay. The knock on effect was for Thomson to cancel/delay our flight to Manchester, send over a larger empty aircraft to Lagos, put all passengers on this plane, fly to stanstead, drop off stanstead passengers (but also make all Manchester passengers get off, go through security and check back in onto the same plane - not that easy with a 2 year old at 4am!) and then fly to Manchester.

The overall delay looking at flight stats was around 5 hours from us leaving Lagos to arriving in Manchester.

Do you think we have a case for a claim? Although we have no boarding cards I have (luckily) found our luggage tags attached at check-in, a letter from Thomson explaining the delay and my booking reference number.

Cheers

111KAB

cocksy81 wrote: »

Do you think we have a case for a claim?

Yes you have.

cocksy81

111KAB wrote: »

Yes you have.

Thanks for the quick response. I'll read all the useful stuff on here and send a letter off to them.

Just one more question - my holiday was booked with First Choice but the Flights were with Thomson Airways. I take it we claim from Thomson?

LULU5779

I received my court date today, 25th September 2013 3.00pm at Brighton heard by Deputy District Judge Ellis.

davidbrian55

blondmark wrote: »

Make sure that THIS, THIS and THIS are in your bundle.

oddly enough, they are in the bundle from thomson. Don't have proof i was on the flight but they haven't said i wasn't (and if they actually thought i would be pursuing this without being on it they must be incredibly dim).

Have i missed something? Listed for next week!

111KAB

cocksy81 wrote: »

I take it we claim from Thomson?

Yes you do.

laticsforlife

OK I promised a further repsonse once my friend had spoken with his District Judge friend/colleague. This is what he says;

Hi xxx, I've just spoken to the Judge and basically you've nothing to worry about, you've issued your claim correctly.

As long as you were the person who made the booking with the company then you are able to make a claim on behalf of all members of your party.

You are claiming on behalf of them and your case will be heard as such.

This is from the horses mouth so to speak so anything you've been told to the contrary is incorrect.

Hope this puts your mind at rest

So I am now a lot happier that my N1CPC is fine as-is.

My first draft witness statement and evidence bundle is coming along nicely, even though I have 4 weeks or so, its best to get on with these things early isn't it.

When would people advocate putting these into the Court?; right at the last minute or does it not matter because Thomson will change their defence anyway, something which I won't have time to react to until the Court date.

laticsforlife

NB if people want to include evidence from More v KLM I found this web link that is far more succinct and is only 2 pages - I would suggest that as its a direct press release from the EU it would be fine for the Courts here to use, and it speaks in plain English not legal mumbo jumbo!

http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-11/cp120150en.pdf

bazaar_2

When would people advocate putting these into the Court?; right at the last minute or does it not matter because Thomson will change their defence anyway, something which I won't have time to react to until the Court date.[/QUOTE]

Right at the last minute recorded and signed for delivery. Dont give them a heads up on your witness statement at all, play the game exactly the same way as Thomson do,