Flight delay and cancellation compensation, Tui/Thomson ONLY

LULU5779

markavo1 wrote: »

Well I have had my half day in Court this morning.

My flight was TOM167 from Dominican Republic to Manchester on 6th December 2011. We were delayed 7 1/2 hours as a result of a technical defect being found prior to our aircraft departing Manchester on its outbound trip to the Dominican. The defect quoted by Thomson was a fault with the electronic engine control, and claimed that this part had only been replaced 2 weeks ago. They claimed the part normally has a life expectancy of 9500 hours and therefore a failure of the part just two weeks into its life, was extraordinary and could not have been forseen. They included a document from the CAA on how they view extraordinary circumstances and a paper by Mr Croon, defence council for Transavia Airlines.

Congratulations! Sounds exactly the same as my day, no witness to be crossed examined. Lack of evidence to prove they tried everything to avoid the the delay. Plus my barrister too had to make a phone call because he didn't have any details of the appeals notice for the Dawson case to grant the stay on my eventhough he was requesting the stay. Plus another note to everyone face the court check the pages numbers on Thomson's defence. The judge and I both have pages missing that Thomson where hoping to use.

Congratulations again

Mark2spark

Well done Lulu.
I'm convinced the Dawson case appeal will be ruled in favour of 6 years.
What an absurdity it will be otherwise. The More case states that the EU261 reg operates *before* the MC damages, it's a flat rate inconvienience payment.

Thesiteagent

Congratulations markavo1. At least they produced some docs and statements. Over a week since I should have been provided with what they are going to rely on in court and guess what...........NOTHING!!

davec1958

We applied for Compensation from Thomson for a 9.5 hr Delay flight from Malaga to Manchester. sent the usual letter to Thomson which was rejected as they stated the 2 year ruling and would not proceed with our claim as this all comes under Domestic Law .. resent another letter explaining that in England the ruling to claim is within 6 years and requested to reopen our claim. Just received a letter back sating that this will remain our final position and with this in mind we are unable to offer any further Comments Or Assistance in relation to our delay It is with regret that we have been unable to resolve this matter to your Satisfaction, Any further correspondence received will not be responded to.
This makes me want to take it all the way
Can anyone advise as to my next step

Vauban

Yes, read the FAQs on page one - including the what to do next link!

MGOR

Well done on the result. I wonder how Thomson will react - start settling or upping their game? I'm waiting now for a Court date after Thomson said they would defend. Just a couple of thoughts. Is the Croon report available on line? I've seen it referred to now a couple of times but not been able to find it. I'm not sure what its relevance maybe as it appears to be one persons opinion but it would be useful to see it in case its thrown at me. The other point the the graph from the CAA about faults was interesting. Is that something publicly available? If not then if possible could a copy be placed someone on here as it is something of assistance to us all in similar positions.

Hoppy1974

Hi,

I was wondering if anyone has tried to claim from Thomson and had claim rejected due to Extraordinary Circumstances. I'm not sure where to go now with the claim, I will tell you what happened, I would be grateful for any advise.

My flight was from Tenerife on 21/04/2009.

I was delayed for 33.5 hours due to technical reasons. (The hydraulics had failed).

We took off from Tenerife approx 10 mins earlier than planned, while in the air there was a lot of cafuffle, we couldn't take our seat belts off or move from our seats. The stewardesses started to serve drinks and we're warned to go back to their seats and put their belts on, we turned around and returned to Tenerife to be met by Fire, Ambulance and Police along with a hydraulic company.

We were taken to the departure lounge where we were advised a delay of an hour was expected and we would be kept informed, the next thing after an hour, our luggage was taken off the plane. The next announcement was were all going to a hotel overnight and the plane would be safe to fly the rolling day.

Three coach loads later we arrived at a "empty" hotel in the middle of nowhere. We were supplied with a room, free bar and an evening meal. The following morning we were all taken to the conference room to be advised we would be leaving in the afternoon but a time was yet to be arranged. They arrived later on in the afternoon to pick us up, we all arrived back at the airport and were all standing around waiting to board, when yet again the plane was deemed unfit to fly, we were all carted back to the hotel. Info his time we were fed, but the only refreshments available if you had no Euros was water, I had only English money, and not much either, they wouldn't even accept a transfer over the phone from home so we had some money in Euros. I had a child with me too.

We stayed another night at the hotel, by this time the Rep's were coming less and less and we were getting fed up by this time, then at 11.00pm a Rep appeared to advise us that we would fly the following day, so we needed to be ready, again a time would be confirmed in the morning.

Guess what we all went to the airport to be advised the plane was still unsafe to fly...

1st excuse - it wasn't safe but they were unsure what the problem was.
2nd excuse - they needed a technician from England to be flown to Tenerife to fix the problem, still unsure what the actual problem was.
3rd excuse - they needed a part to be flown over from England in order for the technician to fit and make the plane safe enough to fly.

On the fourth visit we actually took off, still unaware of what the problem was when we all boarded the plane, the Pilot advised us he would explain what the problem had been, sure enough he did, we were an hour into our flight when he advised up that, when we took off at the original date and time, the plane had climbed to 20,000 feet, when they get that high, they go up in bigger chunks until they are at there 26,000 feet, when they tried to climb to the last 6,000 feet the plane appeared to be coming down instead of going up, hence why we had all the emergency services waiting for us. You can imagine people were not happy that they were flying on the same plane, after that problem.

We finally arrived back in Newcastle a some what 33.5 Hour late.

I put in a claim when I returned to Thomson who advised me to claim of my insurance company, when I tried to claim of them they said it was a technical fault and was down to Thomson to pay out. I never got anywhere so give up....

I live in Liverpool, I had arranged on to two occasions a hotel and a taxi transfer from Newcastle airport to the train station, obviously not turning up, I still had to pay. I also put a claim in for refreshments. This claim has been rejected.

I'm not sure where I go from here, if it's worth fighting or are Thomson telling the truth and I don't have a claim.

If anyone could advise me I would appreciate it.

Thanks

Vauban

Hoppy1974 wrote: »

Hi,

I was wondering if anyone has tried to claim from Thomson and had claim rejected due to Extraordinary Circumstances.

Yeah, one or two I think ...

Read the FAQs on page one, and as much of this thread as you xan, to work out your next move.

111KAB

Hoppy1974 - forget the emotional bits - stick to the facts as far as 261/2004 is concerned insofar as you were delayed over 3 hours due to a technical problem with the plane which is not extraordinary. You are therefore entitled to compensation.

markavo1

MGOR wrote: »

Well done on the result. I wonder how Thomson will react - start settling or upping their game? I'm waiting now for a Court date after Thomson said they would defend. Just a couple of thoughts. Is the Croon report available on line? I've seen it referred to now a couple of times but not been able to find it. I'm not sure what its relevance maybe as it appears to be one persons opinion but it would be useful to see it in case its thrown at me. The other point the the graph from the CAA about faults was interesting. Is that something publicly available? If not then if possible could a copy be placed someone on here as it is something of assistance to us all in similar positions.

Not sure I can upload them to this forum but if you send me your email address I would be happy to scan the documents and email them to you