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Flight delay and cancellation compensation, Tui/Thomson ONLY
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If Monarch were the operating airline you need to claim from them. I booked a Thomsons package, but Thomas Cook operated the flight, and both Thomsons and the CAA have told me I would need to claim via TC, should I want to.
As you've had no response from the airline as yet there is no point writing to the CAA (unless you just want advice) because there is nothing for them to investigate.0 -
TOM 743. 25/06/11 Punta Cana to Glasgow,
Just got my reply to my LBA.
After reviewing our internal Flight Reports, I can see that your flight was delayed as a result of one of the aircrafts within our Thomson Airways fleet experiencing unforeseen technical issues, which then caused a knock on effect to our flight schedule and a delay to your flight. The technical defect in question was an engine started defect that occurred when the aircraft had left the stand, which could not have been foreseen or prevented. Under the EU Regulations, in order to establish the cause of the delay, we have to look at the root cause. In this instance, as the root cause was due to an unexpected flight safety shortcoming that occurred in-flight- which is beyond our control- compensation is not due.
Id like them to explain the contradictions in that statement to a court.
Just through curiosity anybody know what an engine started defect is.0 -
Thanks Centipede 100 for your reply. The incoming aircraft from Glasgow to Punta Cana had the defect and as there was no spare part for it in Glasgow it had to be sourced at Manchester and transferred to Glasgow, hence it was a knock-on delay to my flight, which was 10 hours and 11 mins. Also I think the crew went over their hours and eventually they had to fly to Manchester from Glasgow to pick up a fresh crew.0
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I am currently claiming compensation for the above-numbered flight from Exeter, which departed but returned within 10 minutes due to radar malfunction. The flight was finally cancelled and we were transferred to a flight, re-routed from Humberside, which landed at Faro over 8 hours later than our original scheduled time.
I, too, have received the usual standard letter from Thomson
and, via my solicitor, have issued an NBA letter. Just within the 14 days given therein they have replied they do not recognise the flight and want further information. Procrastination
obviously - it appears they are attempting to distance themselves from First Choice Airways! Quite ridiculous, as all my initial correspondence was addressed to FCA and replied to by Thomson at the same Luton address.
I wondered if anyone else has claimed for this flight and suffered the same feeble delaying tactics?0 -
Not sure who the pre-eminent QC is, or if he/she has Internet access, but the CAA website states:-
"My flight was delayed several years ago. Can I claim compensation?
Yes if you have all the necessary documentation to demonstrate that you were on a delayed flight. In the UK the time limit for bringing a claim to court for compensation is six years from the date of the delayed flight.
It's in the Passenger section, under Delays and Compensation, and in the Related Info table on the RHS, there's an Update on Compensation Claims for Delay link. The paragraph is just above the compensation table at the bottom of the page.0 -
Thesiteagent wrote: »[FONT="]15th March 2013[/FONT]
[FONT="].[/FONT]
[FONT="] [/FONT]
[FONT="] [/FONT]
[FONT="] [/FONT]
[FONT="]Dear Mr xxxx[/FONT]
[FONT="] [/FONT]
[FONT="]Thank you for your further letter addressed to our Company Secretary.[/FONT]
[FONT="]I am sorry you remain unhappy with our response. We are always happy to investigate[/FONT]
[FONT="]again when our customers remain unhappy.[/FONT]
[FONT="] [/FONT]
[FONT="]The EU Regulation does not stipulate a time frame in which customers have to make a[/FONT]
[FONT="]claim and with this in mind, we are following our national law as set out by the[/FONT]
[FONT="]Supreme Court in the UK This states that if customers wish to make a claim against an[/FONT]
[FONT="]airline which is related to 'intemational carriage by air' then this has to happen within[/FONT]
[FONT="]two years of the scheduled flight home.[/FONT]
[FONT="] [/FONT]
[FONT="]I can assure you that our information is not incorrect and we are following our national[/FONT]
[FONT="]law which states that claims made to an airline must be brought within 2 years as per[/FONT]
[FONT="]the Montreal Convention.[/FONT]
That is such a blatant lie. Montreal Convention claims include death and personal injury but most definitely exclude cancellation and delay. Thomson is as ruthless as it is shameless.0 -
leylandsunaddict wrote: »If Monarch were the operating airline you need to claim from them. I booked a Thomsons package, but Thomas Cook operated the flight, and both Thomsons and the CAA have told me I would need to claim via TC, should I want to.
As you've had no response from the airline as yet there is no point writing to the CAA (unless you just want advice) because there is nothing for them to investigate.
Will I have to start from square 1 again making a claim with Monarch?0 -
greeneyedlad wrote: »thank you lelandsunaddict for your reply. im wondering why Thomsons didnt just refer me onto Monarch right away rather than have me fill out their forms.
Will I have to start from square 1 again making a claim with Monarch?
I don't know. I wrote to them, and they rang me to tell me. I also tried asking them to email a claim form out, and they rang me again to tell me it would be TC I would have to claim from. I also got this confirmed by phone and email by the CAA.0 -
leylandsunaddict wrote: »I don't know. I wrote to them, and they rang me to tell me. I also tried asking them to email a claim form out, and they rang me again to tell me it would be TC I would have to claim from. I also got this confirmed by phone and email by the CAA.
Well if that's the case might as well start a court claim now? I sense some prolonged running around in circles here.0 -
Mark2spark wrote: »Well if that's the case might as well start a court claim now? I sense some prolonged running around in circles here.
For that particular delay, but only that one (long involved story) Thomsons I would gladly extract money from. I have my own reasons for not really wanting to extract any from Thomas Cook so I'm not sure I will even write to them. It's something I will have to give careful consideration to.0
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