Flight delay and cancellation compensation, Tui/Thomson ONLY

Bonters

Well done Lulu - You know you make me wanna shout! :j

nigelpm

Fingers crossed for the Dawson appeal they said by the end if this year or early 2014.

Sorry to disappoint you but the letter I recently received states that the court of Appeal has a trial window of 14/01/2014 - 30/05/2014

kingy996

Dear Mr King,

Thank you for your further contact and I'm sorry you remain unhappy with the response you've received from After Travel.

Just to give you further information regarding our position, we are acting on the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us that claims relating to delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit and we are, therefore, confident that we are adopting the correct legal position.

Thomson Airways operates a fair and thorough process to deal with claims for delays in line with the regulation. The law in this area is complex and many situations will not result in an entitlement to compensation. I'm truly sorry if this wasn't the outcome you were looking for however I must advise that this is our final position on this matter.

Thank you once again for getting in touch.


Yours sincerely,

After Travel Customer Support
TUI UK & Ireland - Holiday Experience

Vauban

kingy996 wrote: »

What do i do next?

http://forums.moneysavingexpert.com/showpost.php?p=59025383&postcount=1

Star9272

Congratulations LULU5779.

panholio

Just had my court date through. Getting serious now!

I am well within the two years and they are relying on a technical fault.

23 hour long haul delay.

Weirdly nervous but looking forward to it. Thanks to all on the forum for useful posts and information.

Thesiteagent

have just rung the court to explain I have not received any documents from Thomson, should have received them last week.
Told to confirm this in writing to the court which I have now done.
Anyone know if the court will do anything about it?
Does this mean they cannot produce anything in court next month?
Is the court likely to side with them and allow them to do anything they like?:mad:
Any answers would be so appreciated.

111KAB

Thesiteagent wrote: »

Does this mean they cannot produce anything in court next month?
Is the court likely to side with them and allow them to do anything they like?:mad:
Any answers would be so appreciated.

Depends upon Court/Judge - some have let them get away with it and others have come down on them

GM1965

Hi all been reading posts and wish I had come here earlier although been a great help now.

My story is a bit more bizarre with Thomson and I apologise for it being this long but hope it may help others who were on same flight on 16-7-2013 to Cancun as me.

Delayed 3.5 hours overall, 2.5hours on arrival at Newcastle then a further 1 hour at technical stop in Manchester (taking on fuel as Newcastle runway too short).
Pilot explained over the speaker system the 2.5 hour delay was due to a previous flight having a problem identified in US on a scheduled flight and had it fixed in UK after landing which appears to have caused a knock onto us. He also explained we were suffering a further delay due to the wheels being changed and toilet unblocked which he described as routine maintenance.

Sent off letter to Thomson and received a bizarre reply!

They stated how they had investigated in detail the matter and this was down to a strike in Greece and as such an EC outwith their control and matter closed.
I looked into the Greece strike wondering if the Pilot was talking nonsense only to find the basis of their defence happened at 12 (noon) on the day of our departure and we were in fact on our way to Mexico when Greece started their strike!

Basically Thomson has lied in their reply they advised they took great measures to investigate. Angry is not even close to what I was feeling as I knew it was completely made up and no time had been spent looking into it.

I wrote back with minimal info on what I knew asking how the Greece strikes affected us and we had already left in addition to having wheels replaced and the toilet unblocked at Manchester that caused even more delays. All announced by the Pilot as well as why we had the 2.5 hour delay.
I also copied CAA with a formal complaint against Thomson.

I received new reply today stating the first letter was a mistake and in fact they have again carried out a detailed review and the issue was a technical EC and not their fault.
I called Thomson spoke to girl who sent it who said they did not lied it was a mistake. I offered the option of lying or gross incompetence for Thomson reply bearing in mind the extensive review they keep saying is carried out. Unsurprisingly the original writer is not available to explain why these lies were issued.
I felt sorry for her as she was left trying to hold the pretence together and at one time said she could not remember the details on the Event Log or the Flight Logs but when she let slip it was a pressure valve bleeding that was repaired. I noted to her that she must be aware of the Event Logs if she can remember this valve. She became very evasive and quiet after this and I asked for specific details to substantiate Thomson claim for an EC event including applicable event logs where the problem was identified, where it was repaired, if not the same place why did the plane fly and was it full of passengers and the flight log for each journey the event logs are related to.
I asked her to confirm where the plane was repaired, she said she could not tell me and asked why I had asked this question. I told her that I knew where the problem was identified, where it was repaired and they were thousands of miles apart and I wanted to see what Thomson would say to see if they were intent on continuing to lie even more about this.

What do I expect to receive?
Nothing except 'we don’t issue that information' so I am now preparing for Court and will be using the great information found here.

I simply cannot stand being lied to which gets worse when they won't even admit or acknowledge in any way their incompetence as the minimal offence with me.

Just a further note on CAA. I sent them a copy of Thomson reply adding to my case file only to get an email reply saying my case is closed with all info sent back to Thomson to deal with it. I called them and asked what was going on as Thomson were lying and if thats too strong then at the least were grossly incompetent and therefore their comments cannot be relied on.
CAA reply was a further bizarre event in all of this when I was told they send everything back to the Airlines UNREAD to allow them a chance to get their decision right. I explained no technical review was required as the reliance was false and they should at least be punished for lying to passengers when caught. They advised they are unable to do anything as they have NO powers over them and the airline industry in UK is basically not regulated!!!!!!!!

Looks like both side as good as each other!

wolvogirl

I claimed against Thomson's for a delay of 8 hours due to our plane being diverted in January 2011 to repatriate customers from Tunisia. I to have just had their standard 2 year rule letter back from them. Having read through the thread can anyone advise if I am best to just await the outcome of the Dawson appeal before I go any further.