Flight delay and cancellation compensation, Tui/Thomson ONLY

miss1963

JPears wrote: »

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

Must say I would never have got this far without so much help from lots of people on here 11kab he has been with me every step of the way with loads of useful advice and contacts
JH

greeneyedlad

I feel sick to my stomach, Iv just had delivered 2 days before we go to court a recorded delivery letter stating that Thomson have sacked their first firm of lawyers & employed another to represent them & Monarch against me.
They have included their defence this time which they had not before (& they dont have 2 in Scotland for the first court date.)

I am so shocked to see their response to my particulars of claim where they have denied every point;

1) Denied we travelled on the flight.
Stated the flight was only 2hrs 53mins late.

2) Admitted that the OAC is responsible under the Regulation to make compensation where applicable - QUOAD ULTRA DENIED
3) Where I requested the court to order the defendant responsible for obstructing due process 2 pay any costs associated with verifying the identity of the OAC -QUOAD ULTRA DENIED
4) Denied we booked the holiday under our reference
5) Denied we checked onto flight.

Again state scheduled arrival 2020hrs. Actually landed 2309hrs & arrived at stand 2313hrs, so it was only 2hrs 53mins late.

6) Regulation (EC) No 261/2004 is referred to for its whole terms beyond which no admission is made. - QUOAD ULTRA DENIED
7) Denied Thomson blamed Monarch, & the Monarch blamed Thomson
8) Denied I warned them that proceedings would b issued against them jointly
9) Denied loss & damage suffered & it is the OAC's legal obligation under the regulation to compensate. - Reference is made to the averments in answers 1, 5 and 6.
10) Denied 8% interest

I cant believe this.
How can they say we never booked the holiday, we never checked onto, or travelled on the flight?
I have proof of most of the things they are denying, but how can I prove we checked in & actually was on the flight?

Also what really worries me is that on www.flightstats.co.uk it only says Scheduled departure 4.40pm. Actually departed 7.48pm. (Which is 3hrs 8mins late.)
Scheduled arrival 9.20pm. But does not give Actual arrival time.
To be honest the Scheduled arrival time is wrong on Flight Stats because Gran Canaria is the same time as the UK, not 1hr ahead as Spain mainland. (But 2120hrs is also the time given on my booking so im not too worried about this)
How can I prove the actual Arrival time if its not on Flight Stats? All its proving is that it was 3hrs & 8mins late in departing!
IS THIS ENOUGH? IS THIS ALL I HAVE TO PROVE, THAT I WAS DELAYED OVER 3 HOURS DEPARTING??


In Flight Stats General Flight Notes it says:

• We have one or more data sources for this flight, but we encountered a technical problem while trying determine the final status.

Should I b worried about this also, that their info might b incorrect??

Am I stuffed if I cant prove the actual arrival time?


I emailed Flight Stats & they emailed back;


Hi Martin,
Thank you for contacting FlightStats Help Desk.
Our terms and conditions prohibit the use of FlightStats Services or the FlightStats Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004.
Please see:
http://www.flightstats.com/About/termsOfUse.do
Best regards and happy travels,
Jeff Moyer
FlightStats


Iv also emailed Edinburgh Airport, but no reply yet.
Im shaking like a leaf about going to court in 2 days now

DTDfanBoy

Right, I've read every post of this thread :eek:

I travelled last year and was delayed by ages :mad: very annoying to say the least, especially as I paid a hefty premium to be on that flight. The flight which was cheaper than mine, probably because it was due arrive at it's destination in the early hours of the morning, actually made it there before ours :rotfl:

I've held off on claiming as I was hoping Thomson would see reason and actually settle valid claims without legal action being taken against them, sadly this doesn't seem to be the case.



I'm fairly sure that providing I submit a well written claim to the court Thomson will choose to settle with me :T

We were given 24hrs notice of the delay, so I think it will be nigh on impossible to prove that extraordinary circumstances apply, but I'll be very interested to see what excuse they actually give, I'm sure it will be good for a laugh or two:beer:

I'd like to say a huge THANKS to all the regular posters who have provided such a wealth of information on here :T :T :T You're absolute legends guys and girls, Thank You so much for the time you give so readily to help others.

111KAB

greeneyedlad - won't reply to your whole thread however delay = landing time (touch down) compared with scheduled landing time. This has to be in excess of 3 hours and departure time has no relevance.

Cubatony2002

Vauban wrote: »

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".

Thanks Vauban,

Just out of interest, I have read on another forum that the technical problem on the original aircraft (we ended up making the journey on a substitute aircraft) was supposedly fixed the day before. Am I within my rights to request a copy of the aircraft maintenance log?

greeneyedlad

111KAB wrote: »

greeneyedlad - won't reply to your whole thread however delay = landing time (touch down) compared with scheduled landing time. This has to be in excess of 3 hours and departure time has no relevance.

Thanks 111KAB
OMG I didnt know this, I just thought it was a 3hr delay.
WOW Im thinking I should just abandon this now maybe?!
Im terrified I loose & have to pay their costs

How can I get the info I need to prove the landing time?
Does the Stand time matter, or is it just the landing time?
Is there anyway other than say writing to Thomson for a Freedom Of Information Request?

Many Thanks

111KAB

greeneyedlad wrote: »

How can I get the info I need to prove the landing time?
Does the Stand time matter, or is it just the landing time?

Post the actual date/flight number/route and airline to see if anyone can find out more information than you.

Stand time is of no relevance. ATC and pilot record time tyres touch the runway.

DTDfanBoy

greeneyedlad wrote: »

Thanks 111KAB
OMG I didnt know this, I just thought it was a 3hr delay.
WOW Im thinking I should just abandon this now maybe?!
Im terrified I loose & have to pay their costs

How can I get the info I need to prove the landing time?
Does the Stand time matter, or is it just the landing time?
Is there anyway other than say writing to Thomson for a Freedom Of Information Request?

Many Thanks

Have they ever disclosed to you in past correspondence that the flight arrival was not delayed 3hrs, or were you aware that the flight did not arrive more than three hours late ??

If you answered yes to either of those questions it would probably be wise to stop any action right now, I wouldn't want to be standing in front of a judge and answering yes to either of those questions :eek:

If the flight was only delayed for three hours and eight minutes before departure, I don't think there's an airline out there who wouldn't be pulling out all the stops to make up that 8 minutes

greeneyedlad

DTDfanBoy wrote: »

Have they ever disclosed to you in past correspondence that the flight arrival was not delayed 3hrs, or were you aware that the flight did not arrive more than three hours late ??

If you answered yes to either of those questions it would probably be wise to stop any action right now, I wouldn't want to be standing in front of a judge and answering yes to either of those questions :eek:

If the flight was only delayed for three hours and eight minutes before departure, I don't think there's an airline out there who wouldn't be pulling out all the stops to make up that 8 minutes

DTDfanBoy they have never said before today the arrival time.
In all other correspondence apart from thomson blaming monarch & visa vera, they stated extraordinary circumstances as a knock on effect from a technical defect on the flight prior 2 mine.
Tbh all I thought was the flight was delayed 3hrs 8mins take off so I had a case & on the advice of a lot of members here I filed the case.

Now unless I can get the info to prove or not the Arrival time I think im stuffed.
Unless I say to the judge what Iv just said here & today 2 DAYS before court they tell me the arrival time, which gave me no time to check for sure before court.
Maybe I should call or email Las Palmas Airport.Maybe they could tell me.
Iv put SOOOO much work in2 this. I feel like a fool I didnt know it was the actual touch down time that mattered all along

Vauban

As the original MSE article states:

Delays must be over three hours to claim compensation

Compensation for delays is only due on flights arriving over three hours or more late. How long the delay is determines how much you could be entitled to. If the delay is two hours or more you could be due expenses at the airport for food, etc.

Crucially, this is a straight rule. It's about when you arrive, not when you leave. So if you’re on a flight that takes off 4 hours late but arrives 2 hours 55 minutes late, you’re not over the 3-hour delay needed to be eligible for compensation.