Flight delay and cancellation compensation, Tui/Thomson ONLY

flower202

Hi would really appreciate a copy of the huzar findings. Thomson claiming over two years and EC issues. Need to respond to the court and copy Thomson in by next Wednesday.

111KAB

flower202 wrote: »

Hi would really appreciate a copy of the huzar findings. Thomson claiming over two years and EC issues. Need to respond to the court and copy Thomson in by next Wednesday.

There is also a link on the Monarch Complaints Facebook Page.

Mark2spark

andresykes wrote: »

Anyone point me in the right direction for their defence of EC's caused by bad weather not to our flight but to one 2 before i.e. a knock on delay.

Our plane initially left Glasgow (to fly Glasgow - Zante) on 24.5.09 at 11.10pm (3hrs 45mins flight) but was diverted to Corfu. Our flight was due to leave at 9.00am on 25.5.09 but was delayed approx. 6 hours. Our eventual departure time is perhaps 12 hours after Thomson probably became aware of the weather issue in Zante. Is this EC's??????

I read on a BA forum that don't consider knock on delays as EC's and usually pay compensation.

Go to the FAQ's and click on the actual Regulation EU261/2004.
You'll find that it specifically states that meteorological conditions are only an EC to the flight concerned.

Mark2spark

legal_magpie wrote: »

By way of an update, the view of some judges is that because Huzar is so shattering to most of the delay cases based on technical faults, sooner or later an airline may take a test case to the Court of Appeal but unless and until they do, Huzar is likely to be followed up and down the country

I did have two earlier cases of DJs in my skeleton argument from Worcester and Huddersfield but they weren't needed
JJ

The point of an appeal escapes me. TUi and Easyjet appealed the cases up to the Grand Chamber (Sturgeon joined cases) and lost.

flower202

Brilliant found it. Sorry all newbie myself. Will let you know how I get on but have picked up so much from this site that i feel more confident in taking this on Thank you all for your help

Rafiki2081

My return flight from bodrum turkey was delayed by 17.5 hr due to a cabin crew member being sick and rushed to hospital and another crew member having to be flown over. While Thompson arranged transfers to a nearby hotel, breakfast lunch and dinner and transfers back to the hotel, we still endured hours of queuing, waiting and a almost a whole day wasted (and stressed as I was travelling with 2 young children). Would I have a case to claim? Many thanks

legal_magpie

The two other cases I would have relied on were:
Brittain –v- Monarch Airlines Ltd (DJ Savage – Worcester County Court 4th June 2013 - I think this is already on the forum
Pace v Thomson Airways (DDJ Barnes – Huddersfield County Court 28th August 2013)
This is probably not on the forum but I have a copy of the judgment.
Both judges held that technical problems are not EC's but these are decisions of District Judges whereas Huzar is of a circuit Judge and will carry more weight

andresykes

Mark2spark wrote: »

Go to the FAQ's and click on the actual Regulation EU261/2004.
You'll find that it specifically states that meteorological conditions are only an EC to the flight concerned.

Hi. I've read EC261/2004 (the copy on page 1 of this thread) and I'm struggling to find the paragraph that states this. I can see paras 14 & 15 that talk about EC's. Do you know where in EC261/2004 I can find this?

andresykes

Centipede100 wrote: »

You already have, Recital (14):

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

"...the flight concerned" being your flight not any other preceding flight operated by the same aircraft.

Ah yes I see the critical words "flight concerned".

Para 15 talks about delays caused by air traffic management decisions and says that EC's should be deemed to exist including the cancellation of one or more flights by the affected aircraft. This seems to imply that a knock on effect would come under EC's. Why the difference in EC's for a flight delayed by weather as opposed to one my air traffic control?

Vauban

Hmm, Centipede: I think your first answer is more persuasive than your second.;)