Flight delay and cancellation compensation, Tui/Thomson ONLY

White_Robbie

Hi, I've just had a response from Thomson to my claim for compensation - surprise, surprise it was refused, so I would like any advice on my next step? Quick background - Flight scheduled for 0915hrs 11/05/14 - finally departed at around 1315hrs only to return to Manchester at around 1530hrs. Announcement at 1700hrs stating that flight was cancelled until 0900hrs on 12/05/14 - overnight hotel provided and flight finally departed at 1000hrs 12/05/14. Original reason for delay/return was a problem in the air conditioning system, however the overnight delay was due to no crew available (confirmed in Thomson handout). Thomson state in their response received today that the flight delay was down to Extraordinary Circumstances quoting numerous case law examples (Nelson v Lufthansa and C629/10, Wallentin-Hermann v Alitalia) which I think should be disputed as insufficient crew is not a technical problem or an unexpected flight safety shortcoming? Any advice appreciated

legal_magpie

It sounds like you have an excellent case but wait till after Wednesday when the Judgment in Huzar is delivered by the Court of Appeal

mazzelaar

Hi

I have a case similar to White Robbie but with a small twist. I was due to leave Manchester airport on 13/05 at 13.05. A plane scheduled to leave prior to my flight was experiencing a technical issue (fuel pump) and Thomsom decided to give that flight our plane, leaving us with the broken plane.

I did claim and it was refused with the same quoted defence as the post I reference above. However, I fail to see how a concious choice to replace our functioning plane with a broken one can be defined as a safety issue and doesn't constitute extraordinary circumstances on our part even if the technical issue experienced by the flight before ours is sufficient grounds to deny the claim.

Thoughts/advice greatly welcomed.

Thanks in advance.

111KAB

mazzelaar wrote: »

Thoughts/advice greatly welcomed.

Answer in post above yours.

gloriatabby

What a balls up. I had a phone call from the court this morning to say the judge thought that as he would stay till after the Dawson judgement there was no point having the telephone hearing. They got me to send an e mail agreeing to not holding it and from what they said there didn't seem to be any point not agreeing.
At the original hearing time I received a call from the conferencing people so I told them it had been cancelled by the court. They phoned back a few minutes later and got me to tell Tony Moran at Thomson this. The court hadn't let him know and he sounded furious. He said they had categorically refused to stay the case without a hearing.The telephone conferencing woman sounded very insistent and was still wanting to phone the court but we both said no. Then she said there would still be a charge. Nobody had better expect me to pay any of it!

mazzelaar

111KAB wrote: »

Answer in post above yours.

So the fact that the airline swapped the planes between flights has no bearing on the claim?

If so then apologies for yet more repetition

111KAB

mazzelaar wrote: »

So the fact that the airline swapped the planes between flights has no bearing on the claim?

If so then apologies for yet more repetition

Apologies not required. You had a 'broken plane' ie one with technical problems and this resulted in a delay. Hopefully in less than 24 hours we should find out if the UK Court of Appeal confirm or otherwise that (in broad terms) a technical problem is an extraordinary circumstance or not but it is not a safety issue anyway.

karen50

Hi

I was delayed on the Thomson flight to Cancun flying from Manchester on 11th May 2014. We were put up in a hotel overnight and finally took off 24 hours and 49 minutes late. We were handed a letter stating how long the delay was and details of how we could claim off our own insurance. I have used the template to send a letter requesting that we are compensated €600 for each person in the party that was travelling. I sent the letter recorded delivery and it has been signed for and I am awaiting a response from them. My concern is on reading the comments here that Thomson are not compensating people who lost a day of their holiday. Throughout the time that we were at Manchester airport Thomson did not keep us informed. I will let you know if I have a response, but would like to hear from other people on our flight if they have had any response from Thomson good or bad.:T:j:rotfl:

Mark2spark

SunshineGal80 wrote: »

Hi There, I was wondering if someone could help. I've been looking through all the information but I'm confused..We had a Holiday booked with Thomson in Nov 2012 and our flight was delayed by 'Technical Issue' Which resulted in the crew going over allowed hours. The letter they gave us on boarding said the delay was 23 hours and 46 minutes but we actually took off at 24 hours and 11 minutes. However do you thing I have a claim worth pursuing :j

Why does 25 minutes make a difference?
You had a delay that was over the Regulation threshold of 3 hours, it was a tech issue which is not an EC, so you are entitled to compensation.
Simple as that.

Inca1007

Success!!!
Using a tweaked version of the template letter i Raised a claim against Thomson for a 7hr delay on our flight out of Manchester. We were scheduled to leave at 6.00Am in the morning and up on arrival to check in we were told there was a 6hr delay. At 11am this was pushed back by a further 1.5hrs. we eventually left at 13.25hrs.
When we boarded the plane the pilot apologized telling us our plane had been sent to Mombasa to bring back British tourists there. Looking into this further a TUI spokesman was on record saying they had done this as a precaution not on government advice. I felt i had a reasonable claim and 10 days after sending my claim letter i receive a phone call and confirmation email saying i have been 1600 euros (£325.28 each) for the 4 people travelling. I have now received the payment which has been cashed and is going to be well spent.

Thanks MSE without this page i would not have even thought about claiming.

:money::beer: