Flight delay and cancellation compensation, Tui/Thomson ONLY

martynh99

martynh99 wrote: »

Sent my claim off today for a flight from 2007 that was delayed by 5.5 hours, was First Choice but as they are part of Thomson now posted it in here. Was for 4 pax from Palma to Manchester so €400 each.

Had response today from Thomsons, usual wriggle wriggle wriggle but the point they are trying to use is

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.


The european court of justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. 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 have a few gripes with this.
- First, Regulation 261/2004 , I am assuming, was drafted in 2004, so the comment of 'now entitles' is rubbish, it has since 2004 - Am I correct ?
- Second, 'we have to look at our national law' - thats 6 years, not 2.


- Third, I did initially raise a complaint within 4 days of return flight but was fobbed off, so I did raise it within 2 years regardless......


- Finally, I bought the ticket on their UK website, I was sat in the UK at the time, I paid in UK currency so , as in Point 1, UK law should apply i.e. 6 years


Am I correct ??


Apologies, didn't read upto date comments in this thread, just got in from work, read my post and ranted a little. Now read back on thread and understand what to do next........

Recorded delivery letter in the post tomorrow

A_Flock_Of_Sheep

leylandsunaddict wrote: »

What sort of person wishes thousands of people out of work! :eek:

I wouldn't need to wish that if they just played by the queensbury rules.

The airlines clearly want to make it as hard as possible for people to get what they are by law entitled to. It is doing them no favours with regards to customer satisfaction.

Mark2spark

rafianna wrote: »

I also got my letter today, regarding a 48 hour delay in 2008. I am preparing the follow-up letter
Does the entitlement for compensation apply to an infant ticket - we flew with our daughter who was then under two?
Thank you all for all your help.

The consensus of opinion is that ALL named passengers are entitled to compensation.
As long as they didn't travel for free.
It's all in the EU261/2004 regulation, link in the FAQ's.

hopeitflys

I've contacted Thomson on a number of occasions by phone using 02476282828 which after listening to the options gets me through to the same people as the 08448710882.
Hope this helps.

I too received the 2 year letter yesterday and am this morning drafting a letter of complaint to the CAA and my MP as well as registering and submitting a claim through the small claims court. They already have had my letter before action but have not replied.
Thanks for all the advice on this forum.

bossladysal

Quote:
Originally Posted by sherylk212
hi sorry if this question has been asked or the information is already on, you have listed addresses for certain companies but cant see one for claiming from thomsons? also my claim would actually go back to august 2005 we were delayed 17 hours due to a technical fault which at the time they gave me a form confirming that so that I could claim off the insurance. we flew back from fuerteventura. On reading information on the forum it looks like we wont get anywhere with a claim as it is over 6 years ago. Is it worth trying or will i not get anywhere?
thanks
Out of time

I thought we could claim for flights from Feb 2005 onwards.

We travelled to Puerto Plata in August 2005 and had a 23 hour delay.
I have had a reply from Thomsons regarding my initial letter stating:

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.


The european court of justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. 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 have now written to the CAA.

hopeitflys

Just spoke with complaints department at CAA 02073797311 they were already aware of Thomson's responce stating 2 years and are looking into it.They said it is 6 years. They asked to email all correspondence from Thomson to [EMAIL="passengercomplaints@caa.co.uk"]passengercomplaints@caa.co.uk[/EMAIL]. Busy scanning all documents now to send off. The more who complain to them the sooner they will do something about this.

enc10

hopeitflys wrote: »

Just spoke with complaints department at CAA 02073797311 they were already aware of Thomson's responce stating 2 years and are looking into it.They said it is 6 years. They asked to email all correspondence from Thomson to [EMAIL="passengercomplaints@caa.co.uk"]passengercomplaints@caa.co.uk[/EMAIL]. Busy scanning all documents now to send off. The more who complain to them the sooner they will do something about this.

Thank you I will email the CAA today too.

moriarty888

I claimed the day I got back from holiday September 2012, so I hope they aren't trying to think up a different excuse to fob me off...

I assume Thomson read this forum? If so, dear Thomson, stop treating all these people like idiots and do the right thing. You spoiled many a holiday by your working practices. Courts of law have deemed that you owe us compensation for these inconveniences. Pay up and put into place better practices that will stop us being delayed in the first place and stop you having to pay out to unhappy passengers.
Thanks very much!

Mark2spark

moriarty888 wrote: »

I claimed the day I got back from holiday September 2012, so I hope they aren't trying to think up a different excuse to fob me off...

I assume Thomson read this forum? If so, dear Thomson, stop treating all these people like idiots and do the right thing. You spoiled many a holiday by your working practices. Courts of law have deemed that you owe us compensation for these inconveniences. Pay up and put into place better practices that will stop us being delayed in the first place and stop you having to pay out to unhappy passengers.
Thanks very much!

What has happened between Sep 2012 and now? I can't believe you haven't filed for court yet.

cholia2

hi I have exactly the same issue with thomson. Did you reply back to thomson or go straight to CAA?