Flight delay and cancellation compensation, Tui/Thomson ONLY

georgewn.1

I was on the above flight from london gatwick to Tenerife and the departure was delayed for 6 hours and 11 mins, I am preparing to take court action for the delay to this flight . I have had the standard 2 year knock back letter and have sent them a LBA letter.
I would like to know if there is anyone else on this flight and if they have made anymore progress in making a claim , contact me via the forum or private message if you prefer .
Thanks guys.

Thesiteagent

Just got back from my time in court. After Thomsons not supplying documents when they should have, they didn't even show up to the court. The judge was not best pleased, neither was I. I was looking forward to the argument as I was that confident in my case.
All I had to do was supply him with detailed amounts and bingo, Judgement in my favour!!

RESULT!!:beer:

tiredandgrumpy

I flew on TOM 6300 on 14/12/11 from Exeter to Paphos. Our flight was re-routed to Gatwick on the way and we were delayed by 5 hours. The aircon on the plane wasn't working that well. They only appeared to do anything when customers were complaining that it was a bit stuffy.
Thomson are refusing to pay due to extraordinary circumstances of unexpected flight safety shortcomings during the flight. However, in a previous letter they admitted that they knew of the fault before take off. Should I go with the CAA or just go directly to small claims court?

Gorbar

tiredandgrumpy wrote: »

I flew on TOM 6300 on 14/12/11 from Exeter to Paphos. Our flight was re-routed to Gatwick on the way and we were delayed by 5 hours. The aircon on the plane wasn't working that well. They only appeared to do anything when customers were complaining that it was a bit stuffy.
Thomson are refusing to pay due to extraordinary circumstances of unexpected flight safety shortcomings during the flight. However, in a previous letter they admitted that they knew of the fault before take off. Should I go with the CAA or just go directly to small claims court?

We was on the return flight from Paphos on that date, they told us it was the air con. I am fighting them through a NWNF . I thought they could not call a knock on effect exceptional circumstances. Take them to the small claims court, the Cypriot CAA have not replied after 6 weeks.y

MattBarr

Hi,

I'm receiving the usual "Extraordinary circumstances" rubbish, here's my story: let me know if you think I'm barking up the wrong tree!

Flight TOM023 was meant to depart Cancun 22:10 GMT 4/11/12
Actually departed 23:45 GMT 5/11/12

Initially we were told that there was a problem with the windscreen, and then later we were told the replacement aircraft had an escape chute problem so we had a 25+ hour delay.

On eventual arrival in the UK we were all handed a photocopied letter stating the reason for the delay was "...the aircraft due to operate your flight suffered from a technical problem on departure from the UK. This resulted in the crew exceeding their legally permitted hours. The flight was therefore operated at the earliest opportunity the following day".

I completed the usual forms to claim, and after about 3 months got a letter rejecting my claim.

On the first page it says "Your flight was delayed due to the aircraft that was due to service your flight being hit by lightning and needing a window replacing and therefore a new aircraft was used to replace it. This caused a knock-on effect on your flight which subsequently led to your delay. This would be classed as extraordinary circumstance as it was an up foreseeable incident".

A bit later on, after info on Nelson vs Lufthansa, it goes on to say that "In the case of your flight, the cause of the delay was in reaction to a delay to another aircraft caused by an 'unexpected flight safety shortcoming' arising in-flight"

I appealed to the CAA who, after 6 months, tell me they passed their file on this case back to Thomson in late August, and to give them a while to get their file in order.

I rang Thomson last week and they say nope, they've received nothing from the CAA so I emailed the CAA again and declined Thomson's offer of "...looking at your claim again anyway, without the CAA file"!

What do you think my chances are with this one? I don't think lightning strikes are unforeseeable, then there's their paragraph about the knock-on affect. I'd like to see if I can get the genuine information on the officially recorded report as to whether a lightning strike was recorded on the plane, whether remedial action was needed, and even if this was on the way to me or indeed was on another route at the time. If the strike was on the way to Cancun, ie it wasn't my actual flight to return home, does that have a bearing?

Any advice would be appreciated!

Regards

Matt

grazzzz

MattBarr wrote: »

Hi,

I'm receiving the usual "Extraordinary circumstances" rubbish, here's my story: let me know if you think I'm barking up the wrong tree!

Flight TOM023 was meant to depart Cancun 22:10 GMT 4/11/12
Actually departed 23:45 GMT 5/11/12

Initially we were told that there was a problem with the windscreen, and then later we were told the replacement aircraft had an escape chute problem so we had a 25+ hour delay.

On eventual arrival in the UK we were all handed a photocopied letter stating the reason for the delay was "...the aircraft due to operate your flight suffered from a technical problem on departure from the UK. This resulted in the crew exceeding their legally permitted hours. The flight was therefore operated at the earliest opportunity the following day".

I completed the usual forms to claim, and after about 3 months got a letter rejecting my claim.

On the first page it says "Your flight was delayed due to the aircraft that was due to service your flight being hit by lightning and needing a window replacing and therefore a new aircraft was used to replace it. This caused a knock-on effect on your flight which subsequently led to your delay. This would be classed as extraordinary circumstance as it was an up foreseeable incident".

A bit later on, after info on Nelson vs Lufthansa, it goes on to say that "In the case of your flight, the cause of the delay was in reaction to a delay to another aircraft caused by an 'unexpected flight safety shortcoming' arising in-flight"

I appealed to the CAA who, after 6 months, tell me they passed their file on this case back to Thomson in late August, and to give them a while to get their file in order.

I rang Thomson last week and they say nope, they've received nothing from the CAA so I emailed the CAA again and declined Thomson's offer of "...looking at your claim again anyway, without the CAA file"!

What do you think my chances are with this one? I don't think lightning strikes are unforeseeable, then there's their paragraph about the knock-on affect. I'd like to see if I can get the genuine information on the officially recorded report as to whether a lightning strike was recorded on the plane, whether remedial action was needed, and even if this was on the way to me or indeed was on another route at the time. If the strike was on the way to Cancun, ie it wasn't my actual flight to return home, does that have a bearing?

Any advice would be appreciated!

Regards

Matt

I would seriously take this to court you have been told various reasons all sound unreasonable only the judge on the day can determine if it's extraordinary circumstances and if the jog on effect rules apply however if you don't take the chance you will never get the correct reason as Thompson has made there decision that they won't pay you

markavo1

Cheque arrived today for my court win on 27/09/13. One of the most satisfying items of post I have ever received. Testament to the fact that it is possible for individuals to take on these big companies and win. Thanks to all the help I have received on this forum

jenn1ewest1

Thesiteagent wrote: »

Just got back from my time in court. After Thomsons not supplying documents when they should have, they didn't even show up to the court. The judge was not best pleased, neither was I. I was looking forward to the argument as I was that confident in my case.
All I had to do was supply him with detailed amounts and bingo, Judgement in my favour!!

RESULT!!:beer:

Fantastic news well done but another case where they failed to defend even though it was over the two year limit we really need to get a list of settlements or victories where the claim was more than two years old as Thomson really are making their own rules up for this one to suit themselves and they cant be allowed to keep on doing this
JH

MattBarr

grazzzz wrote: »

I would seriously take this to court you have been told various reasons all sound unreasonable only the judge on the day can determine if it's extraordinary circumstances and if the jog on effect rules apply however if you don't take the chance you will never get the correct reason as Thompson has made there decision that they won't pay you

But let's assume that it was a lightning strike on the incoming plane. Is that classified as exceptional, and also how can I find out the official report on the aircraft delay or repair taken?

DTDfanBoy

A lightning strike will always be considered an ' extraordinary circumstance ' as far as the regulation is concerned.

The questions that need to be answered are were reasonable measures taken to prevent your delay, and if other circumstances which added to your delay were themselves extraordinary.

There have been a few extremely rare cases of pilots flying into storm cells which they should have avoided. Had that been the case I'm sure you could argue that reasonable measures weren't taken. You can be 99.999% sure that this did not occur here.