Flight delay and cancellation compensation, Tui/Thomson ONLY

Littlemonkey500

Vauban wrote: »

As a technical problem, a cracked windscreen is unlikely to be an extraordinary circumstance - though it if was damaged in flight by eg a bird strike some would argue that this is an EC. A delay however of 25 hours is difficult to reconcile with the airline's obligation to use "all its resources" to minimise the delay to your own flight. So in short, I think you have a clear case.

Flight stats is not always complete but irrelevant. If you are certain your delay is over 3 hours, the airline will confirm this from their own records.

Time for NBA and then court as necessary, I'd suggest.

Thanks a lot, much appreciated

catoutthebag

so, thomson have just posted a letter to my old address which I picked up (DESPITE ME TELLING THEM HALF A DOZEN TIMES THAT I'D MOVED AND THEM APPARENTLY HAVING AMENDED IT ON THEIR SYSTEM - STUPID MONKEYS), that having looked into my case further (they said my delay was as a result of using my flight to pick up stranded passengers on another flight (rescue flight) - clearly NOT e/x), they now say the root cause was a SECURITY PROBLEM with an inbound flight and this had to be resolved as a result of department for transport guidelines - no explicit other information provided.

is this still EC?

was about to send my n1 form off next week, and wondered if a spanner in the works was now the case?

dxc_chappie

Juno2302 wrote: »

Just so you know it IS legal for them to turn away over 2 year claims...
You can still claim for over 2 years but you need to have gone to them and stated the EU Ruling within two years of your flight home.

under montreal convention Article 37:
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)

Chapter III - Liability of the Carrier and Extent of Compensation for Damage

145
Article 35 - Limitation of actions

146
1. The right to compensation shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.


Do your research better and stop pretending to be legal experts.

Really? Well the legal experts in the form of District and Circuit Judges in the county courts disagree with you and Thomson.

kevinyork

dxc_chappie wrote: »

Really? Well the legal experts in the form of District and Circuit Judges in the county courts disagree with you and Thomson.

Dont feed the trolls!

dxc_chappie

Juno2302 wrote: »

WRONG!!! A cracked windscreen IS classed as EXC Circ..


The list of extraordinary circumstances where airlines may not have to pay lump-sum compensation includes:
· removal of unaccompanied baggage due to a serious security concern
· bad weather that impacts on the safe operation of the flight
· bad weather that closes the airport of departure or arrival, or where the number of flights are limited by bad weather
· air traffic control restrictions
· where a passenger or crew member becomes seriously ill or dies on-board or during the flight
· where a bird hits the plane
· where a hidden manufacturing defect is discovered
· where the plane is damaged by a third party on the ground
· damage to the plane caused by a foreign object which happens during the previous flight
· any technical problems which cause a turnaround or diversion
· premature failure of technical parts with a defined lifespan
· failure of technical parts where it is impossible to predict the failure in advance
· technical problems discovered shortly before the flight where maintenance has been carried out properly
· smoke, fire or fumes on board (not caused by a failure to maintain the aircraft properly)
· employment strikes, for example air traffic control strikes
· air traffic restrictions at the airport of arrival or departure, or where there are restrictions on blocks of airspace that the plane was due to fly through
· war
· terrorism
· closure of the airport for security reasons
· hijacking of the aircraft
· bomb discoveries or bomb threats

If you had done your research properly you would have found the list you provide is a proposal with no legal basis. And in fact the law says technical faults inherent with the normal activities of an airline are not ECs.

dxc_chappie

Juno2302 wrote: »

I work for Thomson - I know what I'm on about.

Now there's an oxymoron!

dxc_chappie

kevinyork wrote: »

Dont feed the trolls!

Sorry couldn' resist.

Star9272

Juno2302 wrote: »

I work for Thomson - I know what I'm on about.

Can you let me know what's happening with my claim? I won't tell anyone :rotfl:

Bonters

dxc_chappie wrote: »

Now there's an oxymoron!

Or just waste of oxygen? :rotfl:

georgewn.1

Juno2302 wrote: »

WRONG!!! A cracked windscreen IS classed as EXC Circ..


The list of extraordinary circumstances where airlines may not have to pay lump-sum compensation includes:
· removal of unaccompanied baggage due to a serious security concern
· bad weather that impacts on the safe operation of the flight
· bad weather that closes the airport of departure or arrival, or where the number of flights are limited by bad weather
· air traffic control restrictions
· where a passenger or crew member becomes seriously ill or dies on-board or during the flight
· where a bird hits the plane
· where a hidden manufacturing defect is discovered
· where the plane is damaged by a third party on the ground
· damage to the plane caused by a foreign object which happens during the previous flight
· any technical problems which cause a turnaround or diversion
· premature failure of technical parts with a defined lifespan
· failure of technical parts where it is impossible to predict the failure in advance
· technical problems discovered shortly before the flight where maintenance has been carried out properly
· smoke, fire or fumes on board (not caused by a failure to maintain the aircraft properly)
· employment strikes, for example air traffic control strikes
· air traffic restrictions at the airport of arrival or departure, or where there are restrictions on blocks of airspace that the plane was due to fly through
· war
· terrorism
· closure of the airport for security reasons
· hijacking of the aircraft
· bomb discoveries or bomb threats

You forgot to mention Premature ejaculation of the troll who thinks he is being funny