Flight delay and cancellation compensation, Tui/Thomson ONLY

Voyager2002

PERKIE wrote: »

Hi

On Friday I received through the post from them (only identified by their postal address on the envelope) an EU Flight delay adjustment scheme application form. There was no covering letter with this and it is asking me to complete all the details of my claim again along with £48 to CEDR which I understand to be dispute mediators. I just wondered whether anyone else had received this and what you did? Should I just ignore it as there was no covering letter with it and proceed with my NBA (which is my next course of action) or whether I should complete the form and return it? Thanks

I have just received one of these (I sent my NBA about three weeks ago), complete with an unsigned covering letter. The whole thing looks amateurish, to put it mildly!

My concern: if I go to court, would my decision not to use this scheme reflect badly upon me.?

CobyBenson

Voyager2002 wrote: »

My concern: if I go to court, would my decision not to use this scheme reflect badly upon me.?

Simply put, no.

cyprus92

I have received a reply to my seeking compensation for a 5hour flight delay last july. What a surprise they say it was a technical defect being detected prior to a previous scheduled flight. They then say this caused a knock on effect to my flight. They also say aircraft is unableto be legally dispatched with this defect. Therefore the cause of this delay sits under extraordinary circumstances, as thetechnical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen. Can I take this further?

CobyBenson

cyprus92 wrote: »

I have received a reply to my seeking compensation for a 5hour flight delay last july. What a surprise they say it was a technical defect being detected prior to a previous scheduled flight. They then say this caused a knock on effect to my flight. They also say aircraft is unableto be legally dispatched with this defect. Therefore the cause of this delay sits under extraordinary circumstances, as thetechnical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen. Can I take this further?

Yep you can issue court proceedings against them.

David_e

CobyBenson wrote: »

Yep you can issue court proceedings against them.

But after you [cyprus92] have sent NBA, of course.

CobyBenson

David_e wrote: »

But after you [cyprus92] have sent NBA, of course.

No harm in sending it, but by the way it's not required if the airline has responded substantively to say they won't be paying.

I will always send an NBA if I don't get a response, but never once I have received a response. This is because the airline's response should (in theory) always be their final decision.

legal_magpie

Goagoer wrote: »

Am I doing the right thing in requesting judgement in this way?

Absolutely. Once you have a judgment Thomson have to apply to set it aside.
But I suspect that you will find that they get the defence in by the deadline.

Goagoer

Thank you legal magpie.
I'm just trying to think around possible outcomes and so be as prepared as possible.
I have no doubt Thomson will submit their defence but, well, I can live in hope!
As I've applied on line will I receive Thomson's defence in this way or will it be posted out to me?

CobyBenson

It will be posted to you.

SDLAWZIRG

Hi
Can anyone out there please advise us on what to do next please?

This is the response we have just received from Thomson :
The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Below is our letter to Thomson
Customer Comment:
We have been advised to request compensation under the European Union Regulations as this return flight with Thomson was delayed for 14.5 hrs. Flight TOM4491 from Palma Majorca to Bournemouth on the 7th July 2011 tried to take off 3 times whilst we had to wait on the runway for hours, on the same plane, for technical support.After the 3rd attempt to take off, we were then taken off the plane and had to wait in airport for a different plane for hours. Then we were coached to a hotel for food and drink whilst we waited even more hours. Eventually my husband and I were flown to Gatwick airport and then coached back to Bournemouth Airport where the holiday originally took off from. It took us 24hrs to eventually get from Majorca to Bournemouth. As you can see this is totally unacceptable.