Flight delay and cancellation compensation, Tui/Thomson ONLY

Mark2spark

David_e wrote: »

This by Centipede100 may help:

http://forums.moneysavingexpert.com/showpost.php?p=57110269&postcount=2634

Specifically:

"The ECJ in the Cuadrench More v KLM as expected ruled that the 2 year time limit expressed in the Montreal Convention does not apply to claims brought under Reg 261/2004 and that it is the time limit which applies in each EU Member State that is the limit for claims under the Reg.

In England/Wales that time limit is 6 years from the date of delayed or cancelled flight whilst in Scotland the limit is 5 years."

:T:T I'm pleased to see other forum members - perhaps with a little more patience - coming forward to answer these questions that have been answered countless times before.

jlo80

111KAB wrote: »

Please read through thread before asking questions which have already been answered - numerous times - many thanks

I have a 4 month old baby, I've used the search option and it takes me to the first page. I'm currently on page 10. Do you not think I have not tried looking for the answer so to not repeat a question.so much for giving newbies a chance. Your Another reason why people don't come on forums like this. People are merely asking for direction, not an arsy response. Pathetic

Mark2spark

MAX888 wrote: »

My understanding is that a County Court hearing can’t set a precedent and it would appear that Thomson are not appealing this case, although we are still in the appeal period. To do so would result in a precedent being set by a higher court.

It's possible that a precedent has been set with this, it depends on what track it was allocated to.

As an aside, IMO the CAA should now be taken to task over when they intend to start *enforcing*, as per their title, against Thomson for their continued stance of two years. CC the case to the CAA and see what BS they come up with for that one.
Also ask them that if they don't intend to enforce, then what further body can be contacted to ensure compliance.
I know we know the answer but just make it uncomfortable for them. A letter to your MP quoting the CAA as "yes we are the enforcement body but we don't enforce" could put them in line for a rocket... and maybe, ultimately, a truly independent body the public could turn to.

Mark2spark

Jlo80 wrote: »

I have a 4 month old baby, I've used the search option and it takes me to the first page. I'm currently on page 10. Do you not think I have not tried looking for the answer so to not repeat a question.so much for giving newbies a chance. Your Another reason why people don't come on forums like this. People are merely asking for direction, not an arsy response. Pathetic

But the first page contains the answers to your questions J-lo?

Or the main forum contains the FAQ's as a sticky.

Or there are are least 3 different threads that give details on how to combat Thomsons claim that 2 years is the maximum time limit.

Thomsons came out with that gem about 6 months ago, and seriously, that question on what to do next has been asked pretty much daily since then... and then people also post that they can't find the answers to other questions as the thread is now too long.

FoxyDevon

Yet again another standard reply from Thomsons, can't claim 2 year limit etc etc. I have today completed form for CAA and downloaded form from NEB, however, not sure if this has to go to airline or where? any help appreciated. Just to really get on Thomson's nerves I have also emailed my complaint to the legal department. See what they come back with. I really do not understand why they keep spouting the 2 year limit, is it purely because they are hoping people will give up??

Mark2spark

Post number two in this thread contains the line:

Its 6 years in England & Wales, 5 years in Scotland

There really isn't much more that the regular forum contributors can do, is there?

jlo80

Mark2spark wrote: »

But the first page contains the answers to your questions J-lo?

Or the main forum contains the FAQ's as a sticky.

Or there are are least 3 different threads that give details on how to combat Thomsons claim that 2 years is the maximum time limit.

Thomsons came out with that gem about 6 months ago, and seriously, that question on what to do next has been asked pretty much daily since then... and then people also post that they can't find the answers to other questions as the thread is now too long.

I understand what your saying, and yes 138 pages is way too long. I'm just unsure what to do next, take it to thee European regulators or straight to the small claims. It's so confusing! Or maybe my baby brain!!

AlwaysConfused

Would I be correct in thinking that if I am claiming for three people (me, my wife and child) then I can't use MCOL?

Mark2spark

Mark2spark wrote: »

It's possible that a precedent has been set with this, it depends on what track it was allocated to.

As an aside, IMO the CAA should now be taken to task over when they intend to start *enforcing*, as per their title, against Thomson for their continued stance of two years. CC the case to the CAA and see what BS they come up with for that one.
Also ask them that if they don't intend to enforce, then what further body can be contacted to ensure compliance.
I know we know the answer but just make it uncomfortable for them. A letter to your MP quoting the CAA as "yes we are the enforcement body but we don't enforce" could put them in line for a rocket... and maybe, ultimately, a truly independent body the public could turn to.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0130:FIN:EN:HTML

Try these guidelines:

‘Article 16
Enforcement
1. Each Member State shall designate a National Enforcement Body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph.
2. The National Enforcement Body shall closely monitor compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected. For this purpose, air carriers and airport managing bodies shall provide the relevant documents to the National Enforcement Body at its request. In order to carry out its functions, the National Enforcement Body shall also take account of the information submitted to it by the body designated under Article 16a. It may also decide on enforcement actions based on individual complaints transmitted by the body designated under Article 16a.

Mark2spark

Ok, let's dissect this (once again lol) in the vain hope that some other newbies will look back a few posts and see it.

Jlo80 wrote: »

I have sent a letter to Thomsons using the template letter, having not heard a thing, I rang to be told they aren't investigating any claims outside of 2 years!

Yes, that's what they'll say. They hope that you'll simply forget it. There's no punishment for them if they bare faced lie to you, no fine's, no taking to court, nothing. So they will LIE to you.
So learn this at an early stage, that attempting correspondence with them is futile.

So I need to fill in the form to the national enforcement bodies regulator but they require boarding passes. I no longer have these!

No you don't. There's no requirement for you to use the CAA or an overseas equivalent. They are useless anyway as further reading of the thread will reveal. Neither is there any onus on you to provide boarding passes.

Is there any way I can get proof that we boarded the flight and proof that the flight was delayed by 13 hours. Thank you in advance:)

Now, whilst you might not need boarding passes, some 'evidence' that you entered into a contract with them is 'reasonable'. So, a booking number? Credit card receipt of payment? Did you book on-line or use a travel agent? If a TA, then they can provide you a copy of your booking confirmation. On-line bookings might be referred back to and reprinted. Mobile phone records of calls made whilst in the destination country/airport? Any other receipts (duty free or food?) All of these things add up, and the level of proof required, in court, is only one of 'reasonable' evidence that you took the flight.
Finally, if all else fails, you can request the details from the airline using a Subject Access Report (SAR).
All the above is in the FAQ's.

You can use Flightstats (again, in the FAQ's) to check on how long your flight was delayed (note the arrival time is the qualifying length of delay). But, for 19 hours, there's little point in establishing the exact time. It was over 3 hours and that's all that counts.

But the point that the regular posters are making, is that you really have to read read read and understand what's involved. It's not a simple letter writing exercise and there's every chance you will have to take them to court. And if you haven't read read read then you won't understand the Law, and won't be able to conduct a defence against the LIES that will be put forward. There's help here but no-one can spoon feed you.
Like a 4 month old baby needs feeding
Best wishes,
Mark.