Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

Voyager2002 wrote: »

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.

Comments please?

The only uncertainty (aside the case itself) is whether a process exists for transferring from an English court to a Scottish one. I suspect not. If your delay was Christmas Day 2013, you have 6 years (5 in Scotland) to make a claim so there's no urgent need to commence proceedings now. If you win your case, you'll get your court fees back - but not your travel costs. On that basis, you might be best to wait and make the claim in Scotland.

Voyager2002 wrote: »

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.)

Possible, but unlikely.

legal_magpie

David_e wrote: »

The only uncertainty (aside the case itself) is whether a process exists for transferring from an English court to a Scottish one.

It's a messy process. If you have to issue proceedings at all I would issue in England and take the day as a day's holiday. You can always ask for the case to be in a Court nearer to the border (e.g. Newcastle) Or else just issue in Scotland. But don't try and mix them.

xsally83x

If the plane was fixed within 2hrs and they then had to re crew as the original crew was out of flying time so they had to source a new crew resulting in a 2hr delay, surely they should of had crew on standby which means it isnt EC? Im so confused and am in court this am. Any help would be very much appreciated.

Vauban

xsally83x wrote: »

If the plane was fixed within 2hrs and they then had to re crew as the original crew was out of flying time so they had to source a new crew resulting in a 2hr delay, surely they should of had crew on standby which means it isnt EC? Im so confused and am in court this am. Any help would be very much appreciated.

There is a ECJ judgement on this - Eglitis - explained here:

http://iftta.org/content/european-court-justice-air-carrier-must-reasonably-take-account-risk-delay-and-provide-certa

I am guessing that you didn't include this in your bundle? Makes sure you take three copies to the court, if you want to rely on it.

All a bit seat of pants, Sally ...

nquire76

The appeal application has now been allowed with a Hearing window set between 14th Apl. and 31st. July 2014.
Perhaps the ruling currently being considered by the EEC will override the 'stays' currently being applied by County Court Judges.
Whatever happens, nil desperandum, everything is still left to play for.

legal_magpie

nquire76 wrote: »

Perhaps the ruling currently being considered by the EEC will override the 'stays' currently being applied by County Court Judges

What ruling please?

David_e

legal_magpie wrote: »

What ruling please?

I was thinking the same thing myself.

Maybe something to do with this (which I found on a quick google but haven't read):

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FNONSGML+REPORT+A7-2014-0020+0+DOC+PDF+V0%2F%2FEN

Looks like something published previously - presumably updated.

lunk123_2

Thomson flight from Doncaster to Barbados.this flight was part of a princess cruise .arrived Doncaster airport flight 9.00am,on plane at 9.00 am then hyd fault on landing legs.so they back the plane out and run it up and down airport to see if leek would seal.it would not seal so we had to get of plane.the plane with our luggage on it was then sent to Gatwick airport for repair.we were then put on coaches to Gatwick were 12hours later we boarded the same plane.sent claim to Thomsons rejected,sent to CAA they sent back to Thomsons because of EU rules changed.if I am not succesfull. I am thinking of small claims court daft or what.7/1/2011 date of flight

Vauban

lunk123 wrote: »

I am thinking of small claims court daft or what.

I vote for "what" but only if you set up a proper poll, like other people have done.

leonp80

mshopeful wrote: »

Hi
I wrote to Thompson on 08/11/12 re a flight from MAN on 10/10/08 which was delayed by 10 hours. Today I received forms from them to be completed prior to their investigation. With my letter I enclosed a copy of the booking confirmation and receipt. The form says that I need to attach my boarding passes, which I did not keep. Is it just Thompson that have asked for these as I can't find a mention of this in any other posts? They say the claim forms will be returned if not fully completed so its looks as though I can take this no further. Have you heard of any similar situation?
Regards
mshopeful

Hi can you provide your flight details please. I'm detailing a list of flights that have suffered "technical faults" and are claimed to be "extraordinary circumstances"

Surely the more frequently they are claiming this, the less extraordinary it becomes.