Flight delay and cancellation compensation, Tui/Thomson ONLY

dallam20

Hi, have been reading this thread with interest as we have just returned from Florida and the inbound flight was delayed for over 3 hours as the transponder had stopped working. I have written the letter ready to post to Thomson however is this classed as extraordinary curcumstances as I assume this is a tchnical fault. It seems that reading everyones posts Thomson don't pay out on technical faults without going to court??? Thanks D x

Dr_Watson

Vauban wrote: »

As Dr. Watson might say, "No sh--, Sherlock!"

Yep No sh*t there Sherlock......

David_e

Dr_Watson wrote: »

Yep No sh*t there Sherlock......

Now now children!

David_e

dallam20 wrote: »

however is this classed as extraordinary curcumstances as I assume this is a tchnical fault.

A technical fault is very unlikely to be an EC.

Search on Huzar and read the very helpful judgement.

dallam20 wrote: »

It seems that reading everyones posts Thomson don't pay out on technical faults without going to court???

Probably not but make sure you choose some quotes from the Huzar judgement (especially para 27) when you write to them with your NBA and they may realise that they can't fob you off with "untruths" and nonsense!

dallam20

David_e wrote: »

A technical fault is very unlikely to be an EC.

Search on Huzar and read the very helpful judgement.



Probably not but make sure you choose some quotes from the Huzar judgement (especially para 27) when you write to them with your NBA and they may realise that they can't fob you off with "untruths" and nonsense!

Thanks for the advice I have written my first letter ( used template) ready to send Monday but will read up the Huzar judgement and 'beef' it out with some statements now before I send it off particulalrly as the Pilot came and announced what the fault was whilst we were left waiting so I can put that in too. D x

David_e

dallam20 wrote: »

Thanks for the advice I have written my first letter ( used template) ready to send Monday but will read up the Huzar judgement and 'beef' it out with some statements now before I send it off particulalrly as the Pilot came and announced what the fault was whilst we were left waiting so I can put that in too. D x

Sounds like a good plan but be prepared for the usual refusal, nothwithstanding Huzar. I suspect that you have as good a case as most of us so if you put in the effort, you should get your compensation.

Good luck!

JarvJarv

Our flight departure from Gatwick to Cancun with Thomson Airways in Jan 2011 was delayed by 25hrs 15 mins. The reason given, by check in staff, was that the aircraft was full of passengers from the previous day who had been delayed, no reason for that delay was given.

We were accommodated and fed and departed the next day, our return was normal, but we had lost 1 day of a 7 day all inclusive holiday. In Feb 2011 I wrote to Thomson's initially claiming the cost of one seventh of the holiday, this of course was denied. I then found out about EC 261/2004 and wrote again in Apr 2011 requesting compensation. Not surprisingly this was also denied with all the standard rubbish plus a statement that
"they did not support the decision of the European Court of Justice and do not recognize that the law requires compensation to be paid in the event of delay."

Unfortunately I could not pursue the claim further at that time.

In August of this year I wrote again claiming compensation under 261/2004. Yet again got the standard letter with the 2 year bit and saying that I did not mention EC261/2004 in my original correspondence. I put them straight on those points and gave them one month to settle. The reply was that their position remains and that they would not respond to further correspondence.

I then made a complaint through the CAA. What a total waste of time. I received what appeared to be a standard email saying that they have asked airlines to reassess complaints received by the CAA, that they had sent mine back to the airline and that they could not enter into further correspondence They said that the airline would respond in eight weeks.

I am not waiting that long. I think I have a good case.

I am now compiling my NBA to Thomson Airways company secretary before using MCOL.

These questions might have been asked before, if so I apologize. This is my first post and although I have read hundreds previously I have not found the answer.

1. Should the total amount claimed in the NBA include interest e.g. Euro 2400 plus interest at 8% pa?

2. When calculating the court costs would that interest have a bearing on the level of fees payable? This wont affect my intention, I just need to know.

All help gratefully received

Regards JarvJarv

cheshire_mob

LULU5779 wrote: »

Hi I wasn't on this flight but I recently have a court case with Thomson and they sent me all the fleet details for the 11th may to 13th may 2010.

I have looked up your flight and have the following information for you:

G-DBLA departed as the TOM 188 MAN/MLE with a 23h 53m delay, the aircraft required extended maintenance following an engine change.

And

13.00 ops advs that a/c requires extended mx. Flight will be delayed 24 hours. Etd now 1535 13th. Advs AODM and servisair man. Pax will be advs to do go home if they can. Hotel accommodation will be provided for any pax that cannot leave a/p.
15.00 Accommodation is 90 rooms in the premier inn and 45 rooms in bewleys. FDS have provided a coach to do a shuttle service which will hold 49 apx. There is a separate luggage trolley.
17.15 FDS called to advise that pax staying in bewleys will go to raddisson for lunch as bewleys cannot provide.

Pm me your email if you want it scanning over to you.

Best regards

Hi. Thanks for response. Sorry for delay. Don't think I should need it as the letter they gave me was quite explicit. They are only hiding behind the 2 years and have not queried the EC. I will probably wait for the Dawson appeal next year as I reckon they will quote that in the meantime. Thanks for the offer.

David_e

JarvJarv wrote: »

Not surprisingly this was also denied with all the standard rubbish plus a statement that "they did not support the decision of the European Court of Justice and do not recognize that the law requires compensation to be paid in the event of delay."

How arrogant is that?! "did not support", "do not recognize"!!

JarvJarv wrote: »

they would not respond to further correspondence.

Well, they will have to respond when you issue proceedings!

JarvJarv wrote: »

1. Should the total amount claimed in the NBA include interest e.g. Euro 2400 plus interest at 8% pa?

I don't think it's critical (in legal terms) as the NBA is simply telling them that you will bring a claim if you don't get satisfaction but I can't see any harm in putting it in.

JarvJarv wrote: »

2. When calculating the court costs would that interest have a bearing on the level of fees payable?

I saw a posting from CobyBenson who confirmed that the interest claimed is part of the total for the purpose of calculating court fees.

delvey

Which judgement specific points to faults on an aircraft on a previous flight? As Thomson are claiming a technical fault on an earlier flight.