Flight delay and cancellation compensation, Tui/Thomson ONLY

greeneyedlad

111KAB wrote: »

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.

It was TOM1654
Edinburgh to Las Palmas
8/9/12
scheduled departure 4.40pm
actual departure 7.48pm
airline say scheduled arrival 8.20pm

Flight Stats & Booking form say scheduled arrival 9.20pm.
(This is wrong because the Canary Islands is the same time as GMT in the UK. NOT 1hr ahead as Mainland Spain!)

actual arrival UNKNOWN
(CAN ANYONE HELP ME FIND OUT PLEASE)
(airline say 11.09pm so ONLY 2hrs 53mins Late)

greeneyedlad

Vauban wrote: »

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.

Well im stuffed then Vauban if the flight did in fact arrive when they are claiming.
Is the ANYWAY I can find out the actual Arrival time?
FlightStats.co..uk wont say

111KAB

Well I'm unsure where to answer as you are posting on two threads (I understand why but you will get the same answer) .... flight was on a Monarch plane G-MONK and Spotters site shows departure of 19.54 hrs not 19.48 hrs which creates an even greater problem but like Vauban I think it highly unlikely the delay upon arrival was greater than 3 hours. In any event FlightStats or similar sites will not be accepted by a judge as evidence if you do go to court.

greeneyedlad

111KAB wrote: »

Well I'm unsure where to answer as you are posting on two threads (I understand why but you will get the same answer) .... flight was on a Monarch plane G-MONK and Spotters site shows departure of 19.54 hrs not 19.48 hrs which creates an even greater problem but like Vauban I think it highly unlikely the delay upon arrival was greater than 3 hours. In any event FlightStats or similar sites will not be accepted by a judge as evidence if you do go to court.

Thank you for that.
So what will be accepted as evidence by a judge in court?
What has everybody else on here going to court done??

111KAB

greeneyedlad wrote: »

Thank you for that.
So what will be accepted as evidence by a judge in court?
What has everybody else on here going to court done??

Well in my case my delay was 26 hours! From the outset I asked the airline (Monarch in my case) to disclose their records and it tied in with my own analysis. Neither the judge or the airline questioned MY record in court.

greeneyedlad

111KAB wrote: »

Well in my case my delay was 26 hours! From the outset I asked the airline (Monarch in my case) to disclose their records and it tied in with my own analysis. Neither the judge or the airline questioned MY record in court.

Ok so I should write to Thomson for a Freedom Of Information Request to get their flight records.
And go to court on Thursday & tell the judge that as I was only given Thomsons defence today there was no time for me to get the information, & set a date for another day when I have it?

Its only going to say exactly what Thomson want it to say tho isnt it.
I should give up I guess

greeneyedlad

greeneyedlad wrote: »

Thank you for that.
So what will be accepted as evidence by a judge in court?
What has everybody else on here going to court done??

Whats the spotters site u got that info from please??

Vauban

greeneyedlad wrote: »

Thank you for that.
So what will be accepted as evidence by a judge in court?
What has everybody else on here going to court done??

Greeneyedlad: it's not so much that there is a dispute about arrival times, but it sounds like you don't actually know when you arrived. And if you only left 8 minutes late, it would be very likely that you made up the time in the air. When do you think you arrived? Or don't you really know.

Though it's irritating for you that the airlines didn't bring this point up at the beginning of the process, I am afraid I am of the view that you have no claim.

My delay was 24 hours - so no real doubts on that score.

greeneyedlad

Vauban wrote: »

Greeneyedlad: it's not so much that there is a dispute about arrival times, but it sounds like you don't actually know when you arrived. And if you only left 8 minutes late, it would be very likely that you made up the time in the air. When do you think you arrived? Or don't you really know.

Though it's irritating for you that the airlines didn't bring this point up at the beginning of the process, I am afraid I am of the view that you have no claim.

My delay was 24 hours - so no real doubts on that score.

Vauban the dispute is most certainly about the arrival time.
I was sure-ish we touched down about 11.45pm. It was defo around midnight, cause it was around 1am when we arrived at the hotel & it takes about 30-1hour 2 drop everybody off & get 2 hotel.

I didnt know about the 3hour claim rule until i got home so i never really thought it prudent 2 write down all the times at the time.

There must b some way I can get the info of arrival time.

This really is ridiculous at this stage. The amount of work iv put into this. I have a huge folder with all the cases & regulations printed out lol.
Mark u even helped me urself emailing which was much appreciated. U helped me write the particulars of my claim for court.
I cant believe this now. feel like a total fool

greeneyedlad

Vauban wrote: »

Greeneyedlad: it's not so much that there is a dispute about arrival times, but it sounds like you don't actually know when you arrived. And if you only left 8 minutes late, it would be very likely that you made up the time in the air. When do you think you arrived? Or don't you really know.

Though it's irritating for you that the airlines didn't bring this point up at the beginning of the process, I am afraid I am of the view that you have no claim.

My delay was 24 hours - so no real doubts on that score.

we left 3 HOURS & 8 minutes Late
They r claiming by the time we landed it was only 2Hours 53minutes late
7 minutes off the 3 hour rule.

do u think the judge would allow that??