Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Steviek75 wrote: »

Ok.. Do you know when that might be?

Yes but suggest you do a search so as to understand the current position.

Vauban

Steviak: Dont take this the wrong way, but if you are serious about taking the airline on - and getting your compensation - you will need to do a lot of reading. If the 2 years stuff genuinely surprised you, you haven't read up anything like enough yet. So either sit down with a couple of drinks one evening and plough through the FAQs and associated links, or hand it over to a NWNF company.

bigmama1

Steviek75 wrote: »

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."

This is the exact same letter I received some time ago. They are only trying to put you off! I never ever did receive a reply after the CAA wrote to Thomson about my claim. You will have to send Thomson a NBA letter (Notice before Action) copy of which is on this forum. I'm now at the stage of waiting for a court date. With all the help available here on this forum you will have plenty of support. Good luck.

Steviek75

Vauban wrote: »

Steviak: Dont take this the wrong way, but if you are serious about taking the airline on - and getting your compensation - you will need to do a lot of reading. If the 2 years stuff genuinely surprised you, you haven't read up anything like enough yet. So either sit down with a couple of drinks one evening and plough through the FAQs and associated links, or hand it over to a NWNF company.

Thanks Vauban, I have been looking through the FAQs and links, my head is spinning now!! I was doing this for a neighbour.. So it is their call.. I personally took Thompson ( TUI ) to court and won through a NWNF lawyer but that was for completely different reasons and took around 3 years! And I,appreciate all the help and comments I have been receiving.

Vauban

Steviek75 wrote: »

Thanks Vauban, I have been looking through the FAQs and links, my head is spinning now!! I was doing this for a neighbour.. So it is their call.. I personally took Thompson ( TUI ) to court and won through a NWNF lawyer but that was for completely different reasons and took around 3 years! And I,appreciate all the help and comments I have been receiving.

I completely agree that it's a lot to digest, and the NWNF lawyer route makes a lot of sense for those who don't have the time to bone up on the process and law - the airlines don't exactly make it straightforward! It nay make sense for everyone whose thinking about making a claim (assuming they're not on the 6 year cusp) to wait to see how the two court of appeal rulings go. If both Dawson and Huzar are upheld, it should make everything much easier for everyone.

cgoode

Flight arrived 5.5 hrs late LGW to Barbados TOM60 30/3/14 due to issues with the air con pack. Then stuck on the Tarmac coming back for 3.5hrs due to a problem with interference on the display screen in the cockpit 13/4/14. Waited for 2hrs 10mins before they even brought water for the passengers. I am therefore claiming €600 and €300 for each of us. Have sent email today using the CAA template! It seems Thomsons continually have problems with the Dreamliner. The flight on the airbus from LGW to BGI, which left 20 mins earlier both ways, left as scheduled both times. Think I'll stick with Virgin next time.

helenm4920

JarvJarv wrote: »

Received full compensation last week without going to court, although I had started court proceedings and had received notice that Thomson were going to defend.
To get as much information as possible for my bundle I had made a Data Subject Access Request; amongst many, two items requested were, a copy of the passenger manifest and a copy of all correspondence about me or my booking reference from the CAA.
Apart from the manifest all information was received within the 40 days so I telephoned T,s legal department to enquire, I was told that the manifest data was stored elsewhere but could be retrieved for £1500, payable by me.
The CAA info was a one liner stating,
"CAA have contacted us regarding this customer - there flight has been authorised for comp by pc."
Disregarding the spelling mistake I asked for an explanation of this and after a bit of toing and froing and negotiation they agreed to pay in full immediately.
Accepted, and compo in the bank within a week.

I take back some of my criticism of the CAA, they clearly are doing something but they need more b***s and get tougher with the airlines.

My thanks go to all forum members that have given advice and especially those that have specifically replied to my posts, David_e and CobyBenson to name but two.:beer:

To all others pursuing a claim don't give up; as the saying goes "illegitimi nil carborundum".
JJ:T

Hi
After some advice please...

Having spoken to Jarv Jarv via PM I have discovered that we were on the same flight that he has received settlement on without going to court.

Please can you advise what my next step should be?

Don't know if I should start court proceedings or whether it's worth writing to a Thomson to explain that I know they have already paid out to someone else on this flight, so has a precedent been set?

Many thanks in advance
Helenm4920

David_e

helenm4920 wrote: »

Having spoken to Jarv Jarv via PM I have discovered that we were on the same flight that he has received settlement on without going to court.

Please can you advise what my next step should be?

Don't know if I should start court proceedings or whether it's worth writing to a Thomson to explain that I know they have already paid out to someone else on this flight, so has a precedent been set?

If JJ has received settlement it will presumably have been the old "goodwill payment, we still think we aren't liable" story. Even a county court ruling in JJ's favour wouldn't set a precedent on which you could rely.

Of course in reality, it is probably quite difficult for them to argue, with any degree of credibility, that they didn't think they were probably liable in law. On that basis, I would certainly point out what you know - if JJ is happy for you to do so. (I'm not sure if any confidentiality clause in respect of his payment is binding on him or not. Might be as well for him to check.)

legal_magpie

I don't know if it is still the case but some County Court Judges were issuing directions at an early stage that airlines were required to disclose to the court and the other parties information about any other claims and/or court proceedings arising out of the same flight.
JJ (a different one!)

Pez22

Hi
My daughter and her boyfriend flew on the Dreamliner to Sanford yesterday. Scheduled departure was 10.30 for a scheduled arrival at 15.05 local time. They eventually took off at 20.25 and arrived at 23.40 local time so 8 hrs 35 mins late.
At first the departure from LGW was put back an hour as a result of a technical problem and then back another hour at a time until around 14.00 they said they were going to use another aircraft. At around 15.00 they opened the gate but by 15.30 they had closed it again and sent everyone back into the departure lounge as the crew were out of hours and they would need a new one! By the time the new crew were in place they boarded around 19.00 but didn't push back until around 20.20.
Even if Thomson try to claim technical issues the fact that over half the delay was due to waiting for a new crew looks to me like my daughter has a solid case.
I intend to fire off the template claim letter as soon as they get back but any comments would be welcome.
Thanks!