Flight delay and cancellation compensation, Tui/Thomson ONLY

jimmy1968

Thomson's reply regarding my claim from June 2010, where we were delayed on a package holiday flight for 4 hours was as below saying that they cannot consider it if its over 2 years old.
The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.
I feel that the only way forward is therefore through the small claims court. Has anyone had success in a similar situation of over 2 years with Thomson?

Many Thanks

Camaro3

darkwarrior wrote: »

Does anyone have any idea of the cost of a SAR to Thompson? I tried searching but nothing immediately comes up.

Look at post #2442

joolywooly

darkwarrior wrote: »

Does anyone have any idea of the cost of a SAR to Thompson? I tried searching but nothing immediately comes up.

It states here http://www.ico.org.uk/for_the_public/personal_information

that companies can charge up to £10. I can't imagine that Thomson would charge any less than this so that's what I sent with my SAR

romanby1

jimmy1968 wrote: »

Thomson's reply regarding my claim from June 2010, where we were delayed on a package holiday flight for 4 hours was as below saying that they cannot consider it if its over 2 years old.
The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.
I feel that the only way forward is therefore through the small claims court. Has anyone had success in a similar situation of over 2 years with Thomson?

Many Thanks

The 2 year rule is A BIG SMOKESCREEN refer them to The Limitation Act 1980 Article 9 which is 6 years.

Our OOC settlement in June 2013 was for a flight in January 2011.

karl60

matt2baker wrote: »

Did you specifically ask them if they had a reason for the delay despite being told that the claim was 'out of time', before you took it to the court stage? It's likely that this is their latest method of deterrence, and once you've paid some money to start proceedings, they'll slap an EC as defence. Or did you have some knowledge of the delay reason already? I'm on the same path as you, a bit farther behind tho!

No I didn't ask them anything. I wrote a couple of letters to them asking for compensation for the delay and they just stated that they were not liable because the claim was over 2 years old. I suspect they think that EC are a better defence than the 2 year rule. I am currently fretting about whether my claim for 5 members of my party is going to be OK, despite some people on here saying it is, I am still fretting.

DT961

Thomson travel has refused to pay any compensation for more than 12 hours delay last August, (me, my husband and 2 young children barely slept for 24 hours!!!) there was a technical issue resulting in having the replace the aircrafts computer, this can't be right, can it?? This is a para from their reply:

As part of the EU Regulation we have to look at the root cause of the delay to establish if compensation is due. We've looked in detail at the circumstances that surround your experience and I can see from our internal airline reports that following preparation for take off the aircraft experienced unforeseen technical issues and the decision had to be taken to return to stand for this part to be repaired. In this instance, as the root cause of your delay was due to a technical issue that wasn't the result of poor maintenance or something that could have been foreseen, compensation is not due.

Any advice how to take this further would be appreciated.

Many thanks

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Thomson.

Any posts regarding any other airline in this thread will be ignored (at least by me).

111KAB

DT961 wrote: »

Any advice how to take this further would be appreciated.

Court action by yourself or NWNF firm or walk away.

bripar

jimmy1968 wrote: »

Thomson's reply regarding my claim from June 2010, where we were delayed on a package holiday flight for 4 hours was as below saying that they cannot consider it if its over 2 years old.
The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.
I feel that the only way forward is therefore through the small claims court. Has anyone had success in a similar situation of over 2 years with Thomson?

Many Thanks

Thomson have just settled out of court for a flight in June 2010 (not yours) but I had been writing to them since June 2010.

bripar

chezza2524 wrote: »

There are plenty of posts on here to say that that knock on effects are not EC's, but when you consider that it was not even my aircraft that had the fault, how can that be considered EC?

Thomson's only defence to my claim was a knock on effect from an EC but now just a few days away from the court hearing they have backed down and settled my claim in full. Maybe they now realise that this cannot be used as a defence.

Vauban

bripar wrote: »

Thomson's only defence to my claim was a knock on effect from an EC but now just a few days away from the court hearing they have backed down and settled my claim in full. Maybe they now realise that this cannot be used as a defence.

That's really good news - well done. Perhaps post on the Court Success thread, with details of the flight?