Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Ruggy - read FAQ's on page one. You have a valid case which may require a court claim - whether you decide to do this yourself or via a no win no fee is your call however various posts on this thread will provide you with the amount of work required in order that you may decide which way to go.

Skehanza68

Hi
I am going to take Thomson to court over flight delay from 2/11/2013 gatwick to Sanford.
I know a lot of people have done this through MCOL but mine will be for party of five so is there a different form I need to complete, ?
Thanks for any help.

David_e

Skehanza68 wrote: »

I know a lot of people have done this through MCOL but mine will be for party of five so is there a different form I need to complete, ?

That question's been asked many times. You can't use MCOL. You need to download paper form.

Steviek75

Hi I have just received this response from Thompson regarding a delayed flight my neighbour was on, and I was helping them get compensation.. now am at a bit of a loss of where to go next any help would be good.


"Thank you for taking the time to contact the Civil Aviation Authority (CAA) regarding your flight delay. We work very closely with the CAA to ensure that we are providing the best possible service in line with the various legislation and regulations which are applicable to any airline.

I would initially like to apologise for the delay in responding to you. Collating the accurate and relevant information is taking longer than anticipated due to the volume of correspondence received. As I'm sure you can appreciate, we wish to spend time ensuring that we have gathered all of the correct information in order to assess your claim correctly in line with the regulation.

Having reassessed your flight under the EU Regulation 261/2004, I can confirm that as your claim falls outside of a two year period for compensation assessment we would not look to offer compensation.

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.

Just to give you further information regarding our position, 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. 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.

Please accept my apologies and thank you for taking the time to write in. We always try to improve the service we offer and your feedback is a really important part of this process. As a valued customer, we would like to thank you for choosing to travel with Thomson and hope you'll continue to consider us for your future holiday plans."

111KAB

Steviek75 > https://forums.moneysavingexpert.com/discussion/4489367


http://www.theboltonnews.co.uk/NEWS/11151583.Horwich_pensioner_sues_airline_after_eight_hour_flight_delay/?ref=rss

Mark2spark

Jeez, the old 2 yr maximum time to claim is still being asked? Wow.

Mark2spark

JB81 wrote: »

They say they cannot honour my claim as my flight was in 2010 and their company policy is a maximum of 2yrs. Is this true?

It's certainly true that their company policy is to fob you off saying that 2 years is the maximum time you have to bring a claim.

Unfortunately for them, a judge doesn't agree.

http://www.bottonline.co.uk/images/news/Judgment.pdf

This is being appealed and will be heard in May.
I suggest you check back then and see the result of the appeal.

Steviek75

It certainly seems that way!! That response was after I complained to the Caa and they passed it onto Thompson.. So am still none the wiser on where to go next!!

111KAB

Steviek75 wrote: »

So am still none the wiser on where to go next!!

Court via your own legs or use a NWNF but you may decide to wait until the Dawson Appeal result.

Steviek75

111KAB wrote: »

Court via your own legs or use a NWNF but you may decide to wait until the Dawson Appeal result.

Ok.. Do you know when that might be?