Flight delay and cancellation compensation, Tui/Thomson ONLY

WHUSteve

Hi

My NBA has been sent off today but theres 1 thing worrying me, since reading thru the thread

Proof I was on the plane. I haven't got my booking ref, nor any paperwork other than a letter handed to all passengers on landing apologising for the delay and encouraging us to claim on hols insurance.

Do I a) need to provide written proof I was on the plane and b) does this letter provide such proof

jenn1ewest1

Have had my court date for the end of November,the Judge thought the case was suitable for mediation,contacted the mediation services who rang back today to arrange an appointment,told them my expectations and they said they would contact Thomson to arrange mediation and Tony Moran refused Mediation says they are going to court based on the fact that my flight took place in 2008 so court here we come cant wait for the Judge to see my Ace. from out of the mouths of babes
Jennie

jenn1ewest1

WHUSteve wrote: »

Hi

My NBA has been sent off today but theres 1 thing worrying me, since reading thru the thread

Proof I was on the plane. I haven't got my booking ref, nor any paperwork other than a letter handed to all passengers on landing apologising for the delay and encouraging us to claim on hols insurance.

Do I a) need to provide written proof I was on the plane and b) does this letter provide such proof

the letter will be proof enough or visit your local shop they will be able to locate your bookings

WHUSteve

thanks Jen

are they duty bound to give me that info in the shop?

Cubatony2002

Vauban wrote: »

If the OP (or anyone) has to ask this question, I wonder about the wisdom of them starting legal proceedings. Actually I don't wonder at all.

Thanks for your constructive reply. As my degree is in Geography, rather than Law or Mechanical Engineering and having never taken court action before I was simply wondering if this is a bone fide Exceptional Circumstance or a typical smokescreen.

Having read the Wallentin and Sturgeon cases I believe that it is not and therefore wanted to prepare my argument accordingly.

Basically my feeling is that if any mechanical fault that affects the movement of the aircraft (and therefore safety) will end up being cited as EC's. However, in the eyes of the law breakdowns are not necessarily EC's.

All I was after was to confirm my initial thoughts.

Peace and Love

Cuba T

JPears

jenn1ewest1 wrote: »

Have had my court date for the end of November,the Judge thought the case was suitable for mediation,contacted the mediation services who rang back today to arrange an appointment,told them my expectations and they said they would contact Thomson to arrange mediation and Tony Moran refused Mediation says they are going to court based on the fact that my flight took place in 2008 so court here we come cant wait for the Judge to see my Ace. from out of the mouths of babes
Jennie

Sock it to 'em Jenn. They refused mediation? Woe is them.

JPears

Cubatony2002 wrote: »

Thanks for your constructive reply. As my degree is in Geography, rather than Law or Mechanical Engineering and having never taken court action before I was simply wondering if this is a bone fide Exceptional Circumstance or a typical smokescreen.

Having read the Wallentin and Sturgeon cases I believe that it is not and therefore wanted to prepare my argument accordingly.

Basically my feeling is that if any mechanical fault that affects the movement of the aircraft (and therefore safety) will end up being cited as EC's. However, in the eyes of the law breakdowns are not necessarily EC's.

All I was after was to confirm my initial thoughts.

Peace and Love

Cuba T

Cuba T don't forget the other important hurdle T must jump, that of taking all reasonable measures up to intolerable sacrafice to avoid/minimise your delay. Both hurdles must be cleared by defendant.

Vauban

Cubatony2002 wrote: »

Thanks for your constructive reply. As my degree is in Geography, rather than Law or Mechanical Engineering and having never taken court action before I was simply wondering if this is a bone fide Exceptional Circumstance or a typical smokescreen.

Having read the Wallentin and Sturgeon cases I believe that it is not and therefore wanted to prepare my argument accordingly.

Basically my feeling is that if any mechanical fault that affects the movement of the aircraft (and therefore safety) will end up being cited as EC's. However, in the eyes of the law breakdowns are not necessarily EC's.

All I was after was to confirm my initial thoughts.

Peace and Love

Cuba T

Peace and love to you too, Cuba T.

I agree with your analysis. Your reading of Wallentin will confirm that for the technical fault to be extraordinary it must not be inherent in the normal operation of the airline (breakdowns are, says Wallentin) and it must be outside the airline's control. I think they fail both tests - and that's before you get on to JP's important "all reasonable measures".

Kili57

I have had my claim blocked with this domestic law limiting claim delay.
This was in May and things have been busy so wondering whether to continue.my flight was man to Marrakech dec 2009.
I wrote to CAA and they in April said they were dealing with a huge back log.
Any advice would be welcome, thanks

Vauban

Kili57 wrote: »

I have had my claim blocked with this domestic law limiting claim delay.
This was in May and things have been busy so wondering whether to continue.my flight was man to Marrakech dec 2009.
I wrote to CAA and they in April said they were dealing with a huge back log.
Any advice would be welcome, thanks

Lots of advice already on here - which I am not going to repeat. Read this thread - plus the special Thomson 2 yr Claim thread as well.