Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

I haven't seen either of these documents. What do they say?

FoxyDevon

Thank you matt2baker.

I have now sent another letter and email to Thomson saying that the 2 year ruling they are quoting is rubbish, and to save everyones time and money, if they could kindly settle rather than having to take the matter further.

lovesavingmoney56

I would be really interested to hear from anyone that was on Thomson flight TOM 5074 from Sharm el Sheikh to East Midlands due to depart on 28 July 2008 at 21.39
The flight was delayed by approx 23 hours and I am seeking to claim compensation from Thomson, so far I have been in correspondence with them for the last 6 months and they are trying to fob me off with the 2 year rule.
I intend to take them to small claims court but what I seek to find out is the exact cause of the delay before I proceed. I remember it being stated at the time as a problem with a tyre or the wheel but just wondered if anyone out there was on the same flight and still has the letter that was given out at the time with the exact reason for delay. Please message me if anyone can help. Many thanks in advance.

Rooonaldo

Hi Vauban,The documents purport to distinguish Wallentin.For instance the CAA document states faults discovered just before flight(Wouldn't this cover most technical issues?) or hidden manufacturing defects would amount to extraordinary circumstances.
I intend to crack on since I don't see why Thomson should be able to adduce this evidence(which in effect is purported expert evidence although not independent) without calling the writers of it but if you or others have any pearls of wisdom I would be most grateful.

CobyBenson

Rooonaldo wrote: »

Case about to go to final small claims hearing in County Court in respect of a 19 hour delay caused by a hydraulic leak.It is defended.I rely on Wallentin which seems quite clear.Thomson seek to argue that this is an extraordinary circumstance in that it was a technical fault which could not reasonably have been picked up by regular maintenance and seek to rely on a paper by Jochem Croon(who appears to be Counsel for Transavia Airlines) and a CAA paper of 14 September 2012.
Should I be worried?

Wow can't believe they're relying on the Croon journal - it can be very helpful to your case.

The first couple of pages tell the court:-

"...and courts up to now nearly always view technical defects.... as not being an extraordinary circumstance in the sense of the Regulation, because they consider any technical difficulty as inherent to the normal operation of the air carrier."

Unfortunately Croon uses pages 4-6 to say a) tech defects are extraordinary if they're not picked up during routine maintenance (This isn't true by the way).

You're going to have to explain to the Judge that that's not the case and any tech defect is not extraordinary so long as it is inherent in the normal exercise... (which by the way, a hydraulic leak is).

The CAA paper was an early release of their guidance on the definition of extraordinary circs and also misinterprets Wallentin.

Make sure you've thoroughly read Wallentin before you go anywhere near a court room.

dreamergirl32

Bonters wrote: »

Sounds to me like you have a great case (or three), and you should pursue it all the way or at least employ a 'No-win-no-fee' company to act on your behalf. The rewards far outweigh the risks in your case

Thanks, hoping we have a pretty good case, luckily I kept all boarding passes/documentation etc as they are now wanting proof we were on flights.

Just such a long process!

stevew48

Hi,

I am in the process of claiming against Thomson for a significant flight delay on the 7th of January from Birmingham to Barbados. The reply I received was that the inbound flight from the Dominican Republic was delayed by a technical problem. So the aircraft should have left the Dominican on the 6th jan. Is it the same flight ?

dreamergirl32 wrote: »

Hi,

First time posting so bear with me!

My partner and I are currently in the process of claiming compensation through small claims court against Thomson for 3 delayed flights.

1. Flight to Dom Republic in Jan 2011 - Thomson states cannot claim as over 2 years, but states flight was delayed due to hydraulic leak caused by ruptured hydraulic tube. The plane was actually in Barbados at the time and caused knock on effect to our flight.

2. Flight to Morocco in Sept 2011- Thomson states our plane was delayed earlier in the day by Greek Strikes which again caused knock on effect to our flight.

3. Flight to Jamaica in Jan 2013 - Thomson states delay due to OLEO strut (one shock absorber in landing gears). Again this plane was in a different country at time and caused knock on effect to our flight.

We tried normally letter, which was refused, then numerous phone calls, finally resulting in court claim which they have decided to defend.

We're struggling to find guidance on whether these are true extraordinary circumstances and whether the face they were all knock on effects count.

Time of delays were 28 hours, 10.5 hours and 18 hours respectively.

Cautious about going to court but considering compensation is nearly £3000 we feel it necessary.


If anyone has any views I'd like to hear them

happychap7

andresykes wrote: »

Just working on MCOL. Couple of questions:

1. Has anyone got a completed particulars of claim section that I can read and adapt.
2. Thomson say the reason for the delay was "a fault with the fuel valve". Is that extraordinary circumstances?

Cheers.

Hi
Don't forget that if you are claiming for more than just yourself then you cant use MCOL.

Elvis1977

Hi I'm new to this, but in 2010 we were delayed by over 12 hours. And I got in touch with Thomson, and they have said that I can not claim any compensation back, as I didn't make any claims in the 2 years from the flight. Does anybody know what I can do???

JPears

Elvis1977 wrote: »

Hi I'm new to this, but in 2010 we were delayed by over 12 hours. And I got in touch with Thomson, and they have said that I can not claim any compensation back, as I didn't make any claims in the 2 years from the flight. Does anybody know what I can do???

1. Read the FAQ thoroughly and this thread, from the start.
2. Send a template letter including NBA then staart MCOL
3. Ignore 2 yr limitation. Thomson are trying to pull wool over your eyes.