Flight delay and cancellation compensation, Tui/Thomson ONLY

terriandaaron

David_e wrote: »

If you haven't already, send them an NBA and crack on with your legal action. If you are approaching two years since the delay, I would start legal action before the two years is up just in case the unthinkable happens in the Dawson case.

As far as I am aware, you can include your downgrade reclaim as part of the same claim as the delay compensation.

this was only April that this happened, nearly 5 weeks now, ive posted a NBA off today.


They still haven't refunded any Premium fee for the downgrade but have said on the phone it will be only at x amount which isn't even what we paid for it in the first place, despite quoting EU regs they seem to have twisted these to suit, will see what they say next, ......they haven't even addressed the downgrade claim in writing at all.


Im guessing the courts wont like them ignoring EU regs on downgrades.

Krest1944

Newbie here so be gentle

Fairly sure I have a case via MCOL but would be grateful if you guys could please confirm before I spend a wedge of money issuing a Claim.

Sent 4 letters to Thomson over the last 18 months, filled in Thomsons forms, been through CAA (who several months later came back and just said to contact Thomsons again…) and their last correspondence they said the usual `has to be claimed within 2 years’ rubbish.

The reason for the delay was that there were no flight attendants available as the ones who were supposed to be on our flight had covered another flight and so could not do any more hours… (this surely isn’t exceptional circumstances?)

Example letter below and airing on the side of caution so probably more XXXX’s than there needs to be

I am writing regarding flight Thomsonfly TOMXXXX on XX/XX/2009 from Palma, Mallorca to Manchester with the scheduled departure time of 20:05. My booking reference is XXXX / XXXXXX. My flight booking reference is XXXXXX. This flight arrived 15 ½ hours late at Manchester.
The passengers in the party were Mr XXX, Miss XXX and Miss XXX
The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
My scheduled flight length was 1580km; therefore I am seeking €400 per delayed passenger in my party. The total compensation sought is €1200.
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Seems ok? If so will write 1 final letter giving them 14 days then I’ll issue my Claim.

Any advice / tips would be much appreciated.

Thanks

razorsedge

Krest1944 wrote: »

I am writing regarding flight Thomsonfly TOMXXXX on XX/XX/2009 from Palma, Mallorca to Manchester

If your flight really was in 2009 then you are obviously beyond the two year limit claimed to exist by Thomson so it may be worth waiting for the Dawson Judgement to be handed down before starting legal action. However, if you are close to a date six years from your flight then you need to start the Court process (and have paid your initial fee) before that date comes around.

bigmama1

Not really much to report. I wrote to the Court on 14th May 2014 requesting for an Oral Hearing as the Notice of Allocation had said "this matter will be considered in paperwork without a hearing on 10th July 2014". I wasn't happy about not having an actual hearing as I had questions to ask of any witness provided by Thomson.

As I hadn't received an acknowledgement of my letter, I 'phoned the Court on Wednesday 28th May 2014 and received another Order yesterday! As follows:

"Upon reading the Court file and of the Court's own initiative IT IS ORDERED THAT:

1. The Order for paper Hearing to be set aside.

2. The Claims remains stayed for Small Claims Mediation until 30th May 2014.

3. Refer to District Judge on 2nd June 2014 for Directions in paperwork.

I assume this means I will have an Oral Hearing now?

I'm a bit confused on No. 3? Does this mean the Court will refer back to the Judge for Directions?

I had also previously written agreeing to mediation but have received no contact from any person regarding this. I know that Thomson had "ticked" in their Directions "No" to mediation but thought I would show willing!

So now its a waiting period again. Still more time for me to prepare! I have been "preparing" for weeks now. I have lost count how many times I have made amendments to my Witness Statement! Still I have to be prepared. I know as an OAP I have to be very careful as mistakes can easily happen. It will be alright eventually! Just the cost of more paper and ink cartridges!

Krest1944

Thanks for input on my Claim guys - will wait to see what the result of the other hearing is and then go from there - any idea when we will know as it looks like the hearing took place on the 13th/14th of May?

Thanks again

xsally83x

Hi My case got stayed until the Huzar appeal has been heard but the judge wanted Thomson to clarify a few more points on timings etc then hear the case again but having read the reply it still doesnt make sense to me.

Does anyone know if the times that Thomson quote in claims are in GMT or the airport time zone (not sure what its called)? Thomsons times are always early by 1 hour.

Also does anyone know if the CAA allows the crew 1 hour 30 mins to travel to the airport and a further 1 hour 30 minutes for a safety briefing plus extra time to allow passengers to board??

retatco

Crew duty time starts when they are required to report for duty. This, I believe, can vary between operators but 11/2 hours is the norm. It ends when the engines are shut down.

111KAB

Monarch in my case kept changing times from GMT to CET to z times to confuse the matter. Airlines normally work to 'z'. Crew times should not have any implication (as far as I am aware) to delay claims.

xsally83x

This is the timeline they have given:
1. Flap problem identified at 04:00.
2. Flap problem notified to defendant at 04:10
3. Planned departure was at 05:00
4. Fresh crew needed at 07:00
5. Fresh crew called at 07:40
6. Then their allowed 3 hours in total to get ready for the flight then load passengers.
7. Flight departed at 11:00
8. The aircraft was serviceable at 09:00 therefore the 3 hour threshold was exceeded solely due to the repair required.

Actual times on flight stats and on my ticket for departure was 06:00 and we took off at 12:05 which was confirmed on flight stats.

Thoughts???

Doncal

On our outward flight to Mexico we initially boarded our flight over 5 hours late due to the fact that the plane was being repaired in Shannon. After being in the air for an hour we were advised that we had to return to Manchester due to a technical problem. The pilot advised that there were two planes available and we would be transferred to one of them. However after waiting again for some time without any communication from Thomson we were eventually advised that there was no crew available so would have to return the following day. We eventually arrived 24 hours and 49 minutes late.

Although I have read the FAQ's I have a couple of queries I would welcome your advice on:

If I claim on my travel insurance for the delay will I jeopardise my claim against Thomsons?

Which template letter do you think is best for these circumstances?

Any advice would be greatly appreciated.