Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

David_e wrote: »

I suspect that it's just badly expressed. I think the point is you can get a refund if you don't take the flight - which then means you aren't entitled to compensation for travelling on a delayed flight.

Is that right? If you flight is delayed by more than 5 hours, and you then choose not to fly, you've still been significantly delayed by the airline. I think in these circumstances the refund is not an alternative to compension, but additional to it.

David_e

Vauban wrote: »

Is that right?

I don't know to be honest. I was "thinking" out loud; not intending to mislead the OP.

Vauban wrote: »

If you flight is delayed by more than 5 hours, and you then choose not to fly, you've still been significantly delayed by the airline. I think in these circumstances the refund is not an alternative to compension, but additional to it.

I may have been influenced by not having seen this scenario.

Also, I think the OP actually took the flight so I believe that may be the difference. If he hadn't, then, as you say, maybe he could have claimed both and made altenative flight arrangements.

Moneyedout

Further to my previous post, I have now done a little more probing and discovered that up until 27th June 2007 there was in fact a First Choice flight DP7363, one of two flights a day to Exeter, the other being DP3339.
After that date our flight DP7363 disappears and that is why we were brought home on DP3339 which has a take off time of 4 hours later.
We were never contacted regarding this change and as it seems neither were the reps and other people taking holidays with them as they would not have taken them to the airport so early only then having to bus them all back again. I have quoted both flight numbers in my claim but they will of course argue that the flight (DP3339)we were on was in fact on time even though they had taken our flight(DP7363) out completely . Do you think we still have an argument that we can win. I do have a copy of the previous year's flight showing it was 6 hours and 28 minutes late just as a back up to show this is a regular thing on this route.

Vauban

David_e wrote: »

I don't know to be honest. I was "thinking" out loud; not intending to mislead the OP.

no -I'm not certain either. Perhaps others have views.

(And of course you are right that this is immaterial to the OP, who took the flight and thus don't get no refund.)

peteban

Hi i opened a case against tomson who replied with the not within 2 years drivel i sent a complaint form + email to department of aviation cyprus two months ago and had no response is this normal is there a usual response time limit please?

Vauban

peteban wrote: »

Hi i opened a case against tomson who replied with the not within 2 years drivel i sent a complaint form + email to department of aviation cyprus two months ago and had no response is this normal is there a usual response time limit please?

I doubt they will respond, to be honest. But what do you expect the Cypriot Department of Aviation to do, peteban? They are not going to offer a legal view on whether the Regulation in the UK is limited by 2 or 6 years - and indeed it wouldn't hold any water in a UK court, I reckon, if they did so.

You will have to await the verdict of the Dawson case (which is to be heard in May) and then write to Thomson again. No doubt at this point they will say that the plane suffered from a technical problem, which was an "extraordinary circumstance". So you will need to wait for the verdict of the Huzar case, which coincidentally goes before the Court of Appeal also in May. If both of these cases are upheld, then Thomson should have no further defence.

EDIT: this assumes that your flight was substantially less than six years ago - you don't actually provide any details.

Jakub_Kotan

Gorbar wrote: »

We have used EU delay twice. First time against Thomas Crook, paid the £70, then I think another £85, neither would be refunded if we lost. The delay with Thomsons, kept me hanging about for over 6 months then told us we had no case. Was very annoyed because I had informed them I was going to another company last August, they got very annoyed saying that they had done all the hard work. Up to you if you use them, think they are using a 3rd party, somebody by the name of Edward, forgotten surname, but a bit of a Pratt.

Hello,

I feel obliged to react to the discussion about EUDELAY. We have a team consisting of claim managers, legal executives and aviation experts. We assess each client’s claim thoroughly and are sometimes forced to conclude, even after extensive communication with airlines and civil aviation authorities, that not all claims are likely to succeed. This is as much to our client’s disappointment as it is to us because we only earn our fee upon being successful in winning the claimed compensation.

Court fees: We ask our clients to pay their court fees but have a facility that covers the payments if so required by the clients. On top of that, we pay allocation fees and hearing fees which often exceed the value of the initial court fee. We operate no win, no fee business and cover our clients disbursements to cover legal fees when claims get to litigation stage.

Further, I strongly believe that this forum must not serve as a platform for abuse of our senior claim manager, who has helped thousands of clients to receive their compensations.

Please do not hesitate to contact me on info@eudelay.co.uk should you have any questions.

Thank you

Jakub Kotan, Managing Director of EUDELAY

Vauban

Im not sure who you think has abused your claims adviser - it all seems to me to be generally fair comment/customer feedback.

I'm afraid I stand by my assessment that it is disingenuous to pitch a service as NWNF whilst requiring clients to pay for court fees. On that basis I would not recommend your services, should anyone solicit my view. Sorry.

David_e

Jakub_Kotan wrote: »

Further, I strongly believe that this forum must not serve as a platform for abuse of our senior claim manager, who has helped thousands of clients to receive their compensations.

You have had your say as the poster had theirs. I don't think anyone wants to see abuse but it was a comment based on the poster's experience.

I didn't follow what you meant about 'Court fees', by the way.

peteban

Hi well i was just following the guide lines which you say complain to the countrys governing body if you get fobbed off by the airline i was delayed 6 hours 37 mins from larnaca to manchester in may 2011 i used the template and tomoson respond with has to be two years or they wont consider