Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Oh no - I couldn't keep that quiet. But my trip to the Royal Courts over a late lunch ... My wife is away next week, so I get the childcare responsibilities. Slipping off to the CoA in these circumstances may be more challenging ...

socrates1882

A_Flock_Of_Sheep wrote: »

How long do you reckon "some time" would be? Days, Weeks, Months, Years?

No doubt made more complex by Thomsons Horse Manure in court.

It's difficult to say unfortunately, they aren't answerable to anybody.

I'd banked on 3 months, but I could be way out either side.

Roll on Huzar next week!!

111KAB

Centipede100 wrote: »

So you got to (decide how to) spend your compo all by yourself?:eek:
Hearty congrats:D

He bought himself a model.....

Travel_agent_Nikki

I had a 29 and a half hour delay, when Thomson's aircraft had a technical fault in December 2011, I've worked in travel for over 18 years, and can assure you I've never seen a complaint like mine. I pursued a claim, as we were so poorly treated, no food, stuck on a coach for 2 hours at Norwich airport, then stuck on the bus a further 2 hours whilst it broke down on way to Luton (-11 degrees) the coach which had all the disabled people and children on board. Then we got to the hotel, which promised us hot food and beds, to be told all our rooms had gone, another 40 minutes to another hotel, no food, and so tired, by then we'd been on the go since 4am and was now midnight! Only to find we had not enough beds in our room, my son slept on the floor. Then we had a further delay in Luton. They didn't even provide everyone on board with a hot meal! Shoddy experience from start to finish, and as you can imagine, I loath selling holidays and flights with them, to be honest, I switch sell wherever possible. However, I tried to claim within 2 months twice and was told by Thomson no legal obligation to pay a thing. We weren't even fed! When I saw this we started to pursue it again, and now we are pencilled in to a court hearing after the JET2 v Huzar case has been heard. Not that I've yet to see anyone who was treated so abhorrently as we were on that ill-fated flight!
Would be good to hear if anyone else is pursuing this...
I also have a Ryanair of 10 hour delay from 4 weeks ago, and although there was also an technical fault on their aircraft, they are saying as it wasn't planned they don't have to pay compensation and now their e-mails are not allowing replies!
I have looked at the votes and it appears my claims are with the 2 worst companies for paying up!

Poppie68

richardg64 wrote: »

Afternoon,

I've submitted a case with the caa and have just received the following response

I wondered if anyone could tell me if its worth taking legal action? The reason I ask is because they say the issue was an emergency with a crew member on a pervious flight so I feel this doesn’t fall under extraordinary circumstances due to the fact they should have staff on standby for these kind of situation’s. We were delayed for 10 hours but made aware of the delay 3 hours before our scheduled departure time when we first arrived to the airport.

Do you think I am entitled to compensation?

Thank you for your patience with us while we investigated your complaint about the disruption of flight TOM374 on 4th November 2010. During our investigation we received information from Thomson Airways about the flight concerned, which we have considered in the light of new guidelines clarifying the ?extraordinary circumstances? exception of EC 261/2004.

After considering all the information provided to us from the airline, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from this information that there was an emergency with a crew member on the previous flight which resulted in your flight being delayed, which means that, under these specific circumstances, the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the extraprdomary circumstances exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. Please be aware that this is not a legally binding opinion and only relates to the flight concerned.

Please note that we will not re-open your case to re-consider any aspect of our opinion. There is no appeal process within the CAA for this issue. We will also not enter into further correspondence on this.

It is, of course, still open to you to issue a claim in the Court but, in our opinion, we believe that the airline has a strong case not to pay compensation. As such, it is entirely up to you to decide whether you wish to pursue this further. You can find information on how to take court action at make court claim for money.

I too have in the last few days recieved a reply from a complaint passed to the CAA 7 months ago after Thomson refused my claim for a 9 hour delay on a 2010 flight.
The CAA have informed me that the delay was not extrodinary circumstances and in their opnion i am due Compensation, they have also informed me that Thomson have agreed to pay and will be in touch with me shortly to make a payment...I have found the CAA to be very compentant in my case with regards to keeping me updated throughout the process.

Sorry your complaint wasn't successful.


EDIT: Sorry forgot to say Thomson refusal last year of my claim was proclaimed to be because of the notorious '2 year limit'... the circumstances surrounding the claim for delay were not mentioned in their response. CAA say they investigated the reason for the delay and found i had a valid claim and that Thomson now agree....no mention of the '2 year limit'. Don't know if this will help anyone else...

Midgit

Hi Everyone,
I have a case with the CAA against TC, lodged 13 months ago after TC dismissed my claim, but with no response from CAA yet, and have just started the ball rolling on another with Thomson. I got back from Zakynthos yesterday, nearly 20 hours late due to a cracked windscreen...
To be fair, we were fed (crap Greek cheese & ham rolls for tea and lunch in the airport), and we were put up overnight in a ruddy awful hotel, but it was a bed for the night and we could shower. No-one kicked off at the reps or the flight crew and there were letters waiting for us at Manchester stating the scheduled and actual departure times, and that it was a "technical fault", to assist us in making claims on our insurance...


Watch this space....

David_e

Midgit wrote: »

that it was a "technical fault", to assist us in making claims on our insurance..

Cheeky devils! Their technical faults should be compensated by travel insurance? Hope you will put them straight on that.

razorsedge

Midgit wrote: »

Hi Everyone,
I have a case with the CAA against TC, lodged 13 months ago after TC dismissed my claim, but with no response from CAA yet, and have just started the ball rolling on another with Thomson. I got back from Zakynthos yesterday, nearly 20 hours late due to a cracked windscreen...
To be fair, we were fed (crap Greek cheese & ham rolls for tea and lunch in the airport), and we were put up overnight in a ruddy awful hotel, but it was a bed for the night and we could shower. No-one kicked off at the reps or the flight crew and there were letters waiting for us at Manchester stating the scheduled and actual departure times, and that it was a "technical fault", to assist us in making claims on our insurance...


Watch this space....

Good luck and hopefully your experience with the CAA over your TC claim has shown you something about the CAA that many on this forum know all to well.

DottieMalone

Hi guys,

I am looking for guidance as I am starting the process.
I wrote to Thomson last month via the link on their web-site stating that I would like them to consider an application for compensation due to 12+ hours flight delay from Menorca - Manchester in October 2010.

I received a reply yesterday stating that a) the delay did not qualify under European legislation b) European legislation was not relevant in terms of timing and c) that the claim was out of date as it was the UK legal system which stated a limit of 2 years and not six.

I feel as if they are fobbing me off with contradictory informaton. Any advice on what to do next? I do intend to pursue this.

Cheers in anticipation

Dot

111KAB

DottieMalone wrote: »

Any advice on what to do next? I do intend to pursue this.

Research (via this forum) recent Dawson -v- Thomson 2 year appeal and await result before proceeding further.