Flight delay and cancellation compensation, Tui/Thomson ONLY

Mark2spark

Well, the man on the street would follow your logical stance, no problems.
But the train of thought seems to be this.
The EU261/2004
wording in 14) Goes:
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.

Therefore, there is no knock on effect EC from a weather related initial EC. Only 'the flight concerned'.
So how could any other EC also be carried over to a knock on effect?
You can't have one without the other following suit.

So a technical issue on a previous flight cannot be an EC on the next flight.
This appears to be the consensus of opinion, and the Finnair case backs this up, although I admit you have to read between the lines.

I'm not arguing, just trying to put things so that people can easily follow the train of thought.

Wight_Rabbit

Apparently, according to a thread on Thomson's Facebook page, they have advice about the two year time limit on claims from a preeminent QC. Not sure who that is. I have had my NBA in. They got it 11 march. Not had a reply yet

Mark2spark

Wight_Rabbit wrote: »

Apparently, according to a thread on Thomson's Facebook page, they have advice about the two year time limit on claims from a preeminent QC. Not sure who that is. I have had my NBA in. They got it 11 march. Not had a reply yet

I've seen it and shot it down in flames, not sure if I'll get a response though.

spaceaarvark

Wight_Rabbit wrote: »

Apparently, according to a thread on Thomson's Facebook page, they have advice about the two year time limit on claims from a preeminent QC. Not sure who that is. I have had my NBA in. They got it 11 march. Not had a reply yet

Yep, Got the reply to my NBA today which says:

"...we are acting on the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us that claims relating to delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law...
...The law in this area is complex and many situations will no result in an entitlement to compensation..."

Presumably, the references to pre-eminent QCs and legal complexity are supposed to scare us off!

Doesn't work for me - next stop MCOL.

Mark2spark

Anyone got a court date for a Thomson claim yet?

Wight_Rabbit

Hello! We have had another patronising letter response from this travel outfit. It states that they have taken advice from a "pre-eminent QC".

It states this is their final position so do I take that as meaning I can now put my foot on the accelerator and submit the court papers earlier than the 14 days?

They also had the neck to state that they hope this experience won't deter me from considering Thomson when making future travel plans.

Get real - like I would EVER use you again. I would rather gouge my eyes out with a rusty tea spoon.

As a side note how come none of the other airlines have cottoned onto this and have jammed the anchors on paying out earlier claims and are engaging this fantastic QC on their behalf?

Also who, like me, would NEVER touch Thomson with a barge pole again after all this wriggling?

Wight_Rabbit

Has anyone else had this letter? Is it another blanket response? Or is it just us? Should this be copied to the CAA?

BlackBess_2

Hi,
I put a claim in to Thomson for a delay of over 7 hours on a Manchester to Kos flight on 21st July, 2012, flight number TOM2680.
Just received a three page "f**k off" letter from them stating that the cause of the delay was "an unexpected flight safety shortcoming." As the fault wasn't found during routine maintenance it does not amount to Extrodinary Circumstances.
Has anyone else put in a cliam for this flight?
Any success in claiming?

moriarty888

BlackBess wrote: »

Hi,
I put a claim in to Thomson for a delay of over 7 hours on a Manchester to Kos flight on 21st July, 2012, flight number TOM2680.
Just received a three page "f**k off" letter from them stating that the cause of the delay was "an unexpected flight safety shortcoming." As the fault wasn't found during routine maintenance it does not amount to Extrodinary Circumstances.
Has anyone else put in a cliam for this flight?
Any success in claiming?

Can you let us know exactly what they said the Extraordinary Circumstance was?

I am fully expecting a similar letter to fall through my letterbox any day now. It looks like it will then be a fight with them about what they think is an extraordinary circumstance is as opposed to a technical issue which is their fault, what I think an extraordinary circumstance/technical issue is and what the courts have already stated/interpretated an extraordinary circumstance/technical issue to be.

They appear to be contradicting themselves quite alot. From what I can glean so far, they are saying that if it is NOT found during routine maintenance then they are not liable. However I am sure I have also seen posts where things HAVE been found during routine maintenance and they have used that as an excuse as well. It will be very interesting to see whether the fault that caused my flight to be delayed was found during routine maintenance or not...

Also, how long ago did you lodge your claim? They are overdue replying to mine, must give them a call

LULU5779

Questions, Questions, Questions....

Hi all,

We where delayed almost 24 hours in Punta Cana 12/05/10. We where told that the crew on the flight from Gatwick to Punta Cana didn’t have enough flying hours left to return the flight to Gatwick so it was reschedule to 24 hours later.

Following the recently publicity I issued the standard CAA letter of complaint to Thomson on the 1st February 2013. I then on the 7th March I received the “2 year letter”, in return and followed it up with a notice of legal action letter. I am now sat waiting for the “Per Eminent QC” letter.

My questions are:

Before I issue the MCOL and pay £80.00, do I have a case?

The crew went out of hours becuase the outbound flight TOM70 LGW-PUJ was due to depart 10.30am 12/05/10 this was delayed and then rebooked as a 5.01pm departure. I don’t know what the delay was but it was a couple of weeks after the ash cloud.

Even though our delay wasn’t ash related and we weren’t delayed on the outbound 05/05/10 flight, I am worried they might blame this. I remember some other flights in the hotel a few days before our return going to the midlands and Manchester where delayed too.

I have checked flight stats website and our flight doesn’t show up as delayed? It was originally scheduled for the 12/05/13 TOM71 4.55pm which shows up as landed. If your check the 13/05/13 TOM71 3.40pm this is the actually return flight we where on. Thomson anticipated the crew would go “out of hours” on the way over because of the 6.5 hours delay at Gatwick. We where told in the morning at a 9am meeting that we won’t be leaving for the airport at 3pm as our flight would be reschedule for the next day. We never went to airport, left the hotel or even checked out.

As I just received the “two year letter” I don’t know any more information or Thomson’s stance on the delay. Is there any where I can search previous cases and or see what falls under the “Extrodinary Circumstances”?