Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

matt2baker wrote: »

the other issue is determining when the EC was discovered.......ie how long was it before the check-in desks were notifying passengers, or during pre-flight checks? In an example that I'm involved with, FlightStats don't give a clue that it was known that far in advance. Delay was nearly 5 hours.

I cannot understand why it matters when an extraordinary circumstance with regard to a technical problem is discovered so long as it is not during the course of a flight. A technical problem (AOG) is not an extraordinary circumstance..

matt2baker

111KAB wrote: »

I cannot understand why it matters when an extraordinary circumstance with regard to a technical problem is discovered so long as it is not during the course of a flight. A technical problem (AOG) is not an extraordinary circumstance..

It will matter when a judge hears defence that a tech fault purports to be an EC and can be interpreted as such, and as we all know, tech faults come in all shapes and sizes, especially when the airline want to cloud the issue (no pun intended!) or blind people with science..........

Camaro3

Vauban wrote: »

I think that a case could be argued, yes. But the longer the knock-on delay, the trickier it is for an airline to show it had taken "all reasonable measures".

In our case, (engine fault resulting in engine change), the flight should have left Alicante at 7:00pm. The fault was discovered @6:00 Uk time (in UK) and the aircraft took off for Alicante at 9:30pm.

I would have thought that Thomson could have sourced another aircraft in under 15 hours!

jeni-b_2

I have just received my letter from Thomson stating their 2 year rule (my flight was 2008). I am unsure as to what to do next, I only have Internet access via my phone at the moment so it's not so easy to read all the info, especially with it being a non-mobile site. Could anyone possibly point me in the right direction where I could get some advice? I've clicked on the links at the start of the thread but not sure how to use the information when getting back to Thomson! TIA

romanby1

jeni-b wrote: »

I have just received my letter from Thomson stating their 2 year rule (my flight was 2008). I am unsure as to what to do next, I only have Internet access via my phone at the moment so it's not so easy to read all the info, especially with it being a non-mobile site. Could anyone possibly point me in the right direction where I could get some advice? I've clicked on the links at the start of the thread but not sure how to use the information when getting back to Thomson! TIA

The 2 year rule is crap. Point them in the direction of the Limitation Act 1980 Article 9
You will have to study as many posts on this site as possible to get some idea of what your course of action should be.

didi4

Anyone claiming for the 7-hour delay on this flight? If so please contact me...

Mrs_Keeps_Everything

rl8762 wrote: »

I am hoping others on these Kos flights may see this and join the thread.TOM 1378 and TOM 1379 they may have further information I am also hoping someone on the Menorca flight TOM1315 might be able to shed some light on the time they were aware that the flight was going to be delayed. I think I said before this flight landed at Newcastle with a 492 minute delay. Thanks to all so far for the replies and advice.

I am also hoping to claim for the delay in the Kos to Newcastle flight. I wrote initially to Thomson on 22 July but have yet to hear anything back (no surprise there). Will be writing to them again stating I'll take legal action if I don't hear anything further this time, and will send the letter recorded delivery.

I don't think Pilot sickness is a good reason for a delay. According to their own website, Newcastle is a pilot/crew base for Thomson so you would have thought another pilot could be sourced quickly. If not from Newcastle, from another base. Other companies need staff on urgent stand-by - I'm thinking particularly supply teachers and nurses. Sickness occurs every day for the largest employers so could easily be anticipated.

Would like to see how others get on with their claim for this flight and the earlier ones.

happychap7

Hi
I received Thomson's defence statement in the post nearly 2 weeks ago. Nothing from MCOL in terms of an allocation questionnaire. Is this delay normal or should I contact MCOL.
Thanks

Gromit22

blondmark wrote: »

Well the initial defence of package holidays being excluded is a lie.

The subsequent defence of technical difficulties comes under Wallentin-Hermann. If the undercarriage door was missing due to factors inherent in the normal activities of an air carrier, then a defence of extraordinary circumstances would not be available.

You should write to Thomson asking for a full and detailed report on the reason for the delay to be sent to you within 14 days, failing which you will issue proceedings.
Since they are unlikely to cooperate, you should get ready to sue.

Thank you for your initial advice, together with romany1. Duly sent NBA and received further decline stating 'tech fault classed as EC as happened on landing'? To proceed to MCOL.Re interest - as I originally submitted claim in 2008 do I charge back to then? Thanks

111KAB

Gromit22 wrote: »

..... as I originally submitted claim in 2008 do I charge back to then? Thanks

Interest is from the date of delay.