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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Alpinetony wrote: »
    Can you suggest my next move if any?


    Read through thread then decide whether DIY court case or NWNF - enjoy your compensation.
  • ang576
    ang576 Posts: 5 Forumite
    I was on a flight delayed by 10 hours Manchester to Mexico. Jan 2011. I wrote to Thomson's in using your standard compensation letter. I received a standard letter back from Thomson's stating "having assessed claim it falls outside the two year period under EU Regulation 261/2004".

    I then wrote to the CAA asking for advice. It would appear that all the CAA have done is send my complaint back to Thomson's who have emailed me stating that they have reassessed my claim and again refer to the EU Regulation stating "European case law confirms that it is domestic law that should dictate the time limit and we are, therefore confident that we are adopting the correct legal position"

    If the CAA won't advise - what option is left for me. Incidentally, I do have my boarding card, etc as it was a celebratory trip and I kept memento 's
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    ang576 wrote: »
    If the CAA won't advise - what option is left for me.

    Read the FAQs and then, when you have done that, decide what you want to do.
  • babelfish
    babelfish Posts: 321 Forumite
    Part of the Furniture Combo Breaker
    I've got 2 pictures I took of planes at the airport (because it was throwing it down with rain and people were having to run across the Tarmac to get on their planes) the photos are on cd and show the date as well as it being 3.30pm, which is four and a half hours after we were supposed to have taken off. I also have the confirmation of the 11.00 flight time from Thomson. Hope that's proof enough.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    babelfish wrote: »
    I've got 2 pictures I took of planes at the airport (because it was throwing it down with rain and people were having to run across the Tarmac to get on their planes) the photos are on cd and show the date as well as it being 3.30pm, which is four and a half hours after we were supposed to have taken off. I also have the confirmation of the 11.00 flight time from Thomson. Hope that's proof enough.

    I'm sure it will be fine. Though I wouldn't include it in my bundle.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Thomson always "put you to proof" that you were on the flight, whether or not you've already provided it. I wouldn't worry too much about that aspect of the case
    JJ
  • Hi there, Can anyone help? We boarded a plane from Manchester to Lanzarote on Tuesday 25th February and only 30 minutes or so into the flight we turned round and landed at Bristol due to a "medical emergency". The pilot told us we would refuel and be on our way within 30 minutes. After sitting on the plane at Bristol for 1 hour we were then told that the plane had been checked over and there were some broken bolts therefore a new plane and crew were required. We were in Bristol airport for approx. 5 hours. We've written to Thomsons and had a reply that it was exceptional circumstances however I have two issues with this:

    1) the family of the poorly passenger reboarded the plane at Bristol saying the passenger was fine and would fly out the next day!
    2) the delay at Bristol was due to broken bolts and not the medical emergency and that's was caused the long delay.

    Should we continue with the complaint or is there no chance?
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Broken bolts don't sound exceptional to me - unless they were caused by something not inherent in the business of flying (such as, eg unicorns).
  • To anyone out there who was on this flight on 27th January 2014 delayed for over 11 hours, I have received a cheque from Thomsons for over a thousand pounds for this delay. Was gobsmacked, it only took two letters. First letter back was the standard one. Wrote back asking for details of the extraordinary circumstances and asking why they could not have had a replacement plane as they knew there was going to be a delay nearly 24 hours before our flight was due to take off.
    Good luck to all still fighting your corner
  • Gatwick to Male TOM054 6th January, 2013

    I want to update the forum on my recent success and to thank the regular forum contributors for the quality of information on the forum. I have heavily relied on the forum in pursuing my case – Thank you.

    I went to court in early December, 2013 and Thomson obtained a stay, although I objected, to wait for the outcome of the Huzar appeal. The court issued an order requesting that Thomson update the court on the Huzar appeal by the 4th February, 2014. They did not update the Court and a second order was issued giving them until the 4th March, 2014 to respond or I could request judgement. On the 5th March, 2014 I delivered to the court a completed N225 requesting a Judgement by Default.

    To my surprise a week later I received the Judgement from the Court including requested compensation, court costs, interest and costs for attending court. A week later I was contacted by Thomsons and accepted an offer, after some negociation. I did concede a small amount of money, but I was happy to now settle rather than wait for an indefinite period.

    My advice is to please carefully read the court order and make sure that you understand it. Make sure that Thomson follow the court order and by the dates specified. By doing this I was in a very good position when it came to the settlement negociation with Thomsons.

    Thanks again to all forum contributors.

    Also posted in Court Success thread
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