Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

chezza2524 wrote: »

Even if you havent used them, the case will still probably be stayed, mine was.

Was that today, Chezza? I recall you were due to go to court?

xsally83x

Yes sorry Huzar So if they stay the case, will i have to wait until a decision has been made in the Huzar Case?

Vauban wrote: »

I think you are confusing Dawson with Huzar? (Your delay was in 2013, I recall, so Dawson - which is about the two-year deadline point - doesn't come into play).

Huzar is the judgement about technical faults never being extraordinary, and always inherent. This goes a bit beyond the Wallentin judgement (which has never been appealed, as is binding) which says tech faults are only extraordinary if their origin is not inherent in the normal operation of the airline concerned (eg terrorism or sabotage).

Plenty of folk still get stayed, even if not including Huzar, as the judge is tempted by the prospect of not having to make a difficult decision knowing the matter will be ruled on by a higher court. But some judges prove more robust - let's see!

chezza2524

Vauban wrote: »

Was that today, Chezza? I recall you were due to go to court?

Yes it was today, the case has been stayed based on the Dawson and Huzar appeals. Initially, Thomsons 2 year defence was struck out by the judge, but it was reinstated today due to technical wording on the order. But they are going to allow me to claim for 4 of us even though I am the only named claimant.

The Barrister said he is staying all claims, until after the two appeals.

It wasnt quite as scary as I thought it was going to be, and at least I now have there skeleton arguement.

Smeggy

legal_magpie wrote: »

There is an old legal adage: "He who asserts must prove". So if you wish to pursue a claim you most prove that you travelled on the flight. If you still have tickets etc this is no problem. Or you may have bank records showing a payment to Thomson.
If not you can send Thomson a Subject Access Request asking them to disclose all information they have about you. They are entitled to charge a fee of up to £10. If you have no information of your own, this is the way to go.
JJ

I have managed to get the booking reference number from my local branch so fingers crossed. Letter will be in the post in the morning.

Thanks to all who replied.

charlibombarli

Hi, would be grateful if anyone could shed a bit of light for me! I have read a lot of posts but I cant process all the information!


I was on flight TOM7769 from Tenerife South to EMA, that was due to fly at 8.30pm 27th March 2011, the flight was first delayed then cancelled and we was sent to a hotel for 2 nights. (so over 48 hours)


On the 29th March the flight was delayed by 3 hours but then departed.


I have searched on flight stats but it comes back as status unknown and says this
"We have one or more data sources for this flight, but we encountered a technical problem whilst trying determine the final status."


I also don't have boarding passes etc but can show on my bank statement the payment for the holiday.


Is it worth going forward with this without the flight stats information?
Also, Thomson paid for a hotel for two nights and all meals so does this count as compensation?


(My bank card was swallowed at the Spanish bank on the first day of the delay so we had NO spending money to buy extra drinks, snacks, anything really)


Thanks for any help, hope I haven't posted what lots of people have already asked!!

Vauban

It doesn't matter if flightstats doesn't recognise it. Proceed with yor claim if you believe you were more than 3 hours late.

(PS Lots of people have already aked this question, but I forgive you anyway )

charlibombarli

Haha thanks for that!

Can I also claim for the 48 hours or so from the cancelled flight?

Is it quite common for the flights not to be on flight stats?
I've searched for my flight number on the forums and am surprised that there isn't anyone else claiming from the same flight.

legal_magpie

charlibombarli wrote: »

Haha thanks for that!
I've searched for my flight number on the forums and am surprised that there isn't anyone else claiming from the same flight.

The vast majority of people will have claimed on their insurance, enjoyed 2 extra nights in a hotel free of charge and forgotten all about it

David_e

Vauban wrote: »

(PS Lots of people have already aked this question, but I forgive you anyway )

Are you feeling OK Vauban? I'm quite worried about you!

Voyager2002

Should I sue now, or wait?

My flight home (Thomson) on Christmas Day suffered a four-hour delay. Thomson claim that this was 'extraordinary circumstances' because of the weather-related problems at Gatwick the previous day. Information on this site indicates that such "knock-on" effects are unlikely to provide the airline with a valid defence.

Anyway, I am currently unemployed and so could begin the legal process without having to pay any court fees. I have a job offer and so if I do it later I would have to pay. However, the job is in Scotland so it is quite likely that by the time of the hearing I would either need to spend a ridiculous amount on travel, or ask for the hearing to be transferred to a court nearer to my new home, but since that would be a different legal system I don't know whether it could happen.

My hope is that court papers will make Thomson negotiate some kind of out-of-court settlement, but I don't know how realistic this is. (I have sent them a NBA and am awaiting their response.)

Comments please?