Flight delay and cancellation compensation, Tui/Thomson ONLY

Disgruntled13_2

My family were on the thomson Dreamliner that left Manchester on 12 July which encountered technical difficulties and had to return to Manchester, landing 6 hours later. We were booked in the premium cabin and on the day were given a letter from the customer operations team stating that we would receive the following,

A pro rata refund of the supplement paid for the premium club
A goodwill gesture of £50 per person for not experiencing the premium club.

We have returned home today and have a letter in the mail containing a cheque for £300 for the premium seating we didn't receive but no mention of the goodwill gesture.

I have just spoken to a customer support advisor and relayed the detail of the letter we were given on the day, however after being put on hold I was told that yes we can have the £50 per person gesture of goodwill but this would be in the form of holiday vouchers.

I expressed that the original letter does not mention holiday vouchers and I will not accept them but require the £50 in cash, I was then put on hold and told no this was only available in holiday vouchers.

Does anyone know if I can fight this further and what would I do?

davidbrian55

davidbrian55 wrote: »

agree fully, just shocked that dear thomson are going through all this. What do thomson customers think? I only hope they have lost some trade, I didn't book with them this year and unlikely to do so ever again.

and thanks to all those on here supporting these claims. You all know who you are and far too many to thank personally!

I would assume that dear old thomson are avid readers of this site so:-

please tell us the name of the eminent qc so someone can clarify his advice,
and
at what point you intend to follow the advice of the caa and bring some respect to your trade body? :rotfl:

Mark2spark

blondmark wrote: »

While you're there you may want to add an important exception to that six year rule for bringing claims that is assumed to be cast in stone.

If an airline conceals an important fact about your claim that you later discover (and they often do) then the limitation period is postponed until you discover it (or should have discovered it).

See the Limitation Act 1980 HERE

s. 32 Postponement of limitation period in case of fraud, concealment or mistake.

Under part 1. (b), if any fact relevant to your claim for delay has been deliberately concealed from you by the airline, the period of limitation shall not begin to run until you discovered the concealment or could with reasonable diligence have discovered it.

Wow.
That brings a whole different dimension into the 'can't claim back more than 6 years' idea.
If the airline say that they don't keep records going back that far, is that concealing something...?

David_e

Mark2spark wrote: »

If the airline say that they don't keep records going back that far, is that concealing something...?

Must be if they actually do have records but how could you find out?

darkwarrior

bripar wrote: »

Can I suggest you look at The EU Court Ruling 4th Oct 2012 Finnair Oyj, Timy Lassooy where it was ruled that the knock on effect from an extraordinary circumstance did NOT exempt the carrier from its obligation under Regulation 261/2004. An extraordinary circumstance refers to a "particular aircraft" on a "particular day" and not every aircraft after that extraordinary event ad infinitum.

Would this apply where they are claiming the original flight was struck by lightning? As a single flight being struck by lightning is rare enough on its own but this wouldn't cause a 4 hour+ delay.

bripar

darkwarrior wrote: »

Would this apply where they are claiming the original flight was struck by lightning? As a single flight being struck by lightning is rare enough on its own but this wouldn't cause a 4 hour+ delay.

I am no legal expert but this ruling worked for me. They claimed the volcanic eruption in 2010 caused delay to my flight which was six weeks after the airspace was reopened.

RM2013

Centipede100 wrote: »

300 euros per passenger as it looks like technical issues meant they replaced the original a/c with a replacement.

Although this amount is published on MSE I can't seem to find it anywhere else, ie the regulations, it's either 250, 400 or 600 euros. Can anyone guide me in the right direction. Going to court soon and want to make sure I'm claiming the correct amount.
3 hour delay and traveled 7450kms

David_e

RM2013 wrote: »

Although this amount is published on MSE I can't seem to find it anywhere else, ie the regulations, it's either 250, 400 or 600 euros. Can anyone guide me in the right direction. Going to court soon and want to make sure I'm claiming the correct amount.

According to Which, 300 Euro is for flights of more than 3,500km, delay between 3-4 hours.

http://www.which.co.uk/consumer-rights/problem/i-had-a-flight-delay-can-i-get-compensation/#link-6

Vauban

David_e wrote: »

According to Which, 300 Euro is for flights of more than 3,500km, delay between 3-4 hours.

http://www.which.co.uk/consumer-rights/problem/i-had-a-flight-delay-can-i-get-compensation/#link-6

That's exactly right. The Sturgeon judgement allows for a reduction of 50% in the long-haul award, when the delay is between three and four hours (ie 600 reduced to 300). NB: this reduction provision does not apply to the other two levels of compensation (250 and 400).

matt2baker

davidbrian55 wrote: »

I would assume that dear old thomson are avid readers of this site so:-

please tell us the name of the eminent qc so someone can clarify his advice,
and
at what point you intend to follow the advice of the caa and bring some respect to your trade body? :rotfl:

He's not just an "eminent qc" - he's a PRE-eminent QC in my letter - so there!! But of course, you're so right. Maybe someone should name and shame him lol!!