Flight delay and cancellation compensation, Tui/Thomson ONLY

nicki_d987

In case anyone wasn't yet aware . . . Jet2's appeal has been dismissed!:j:j:j:j:j:j:j:j

jenn1ewest1

thats Huzar put to bed well done Mr Huzar and now waiting for the Dawson appeal to go the same way please !!!!!

gloriatabby

Brilliant! One down one to go :beer::T:j

Kew73

Fantastic result today! :j
...however, have to say, don't feel so confident on Dawson after Centepede's post (231) over on the Huzar thread...but keeping everything crossed

kev-insted

After some months I've received a response this morning from the CAA. It says that they have reviewed the information received by Thomson regarding the "extraordinary circumstances" pertaining to my flight and have rejected it.

The email states: "It is our considered view that the airline has not taken appropriate measures to avoid and or minimise the disruption. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation.

We have given our view to the airline and have asked them to pay compensation to you as required in EC Regulation 261/2004. Our view on this case is based on the information provided to us, is not legally binding and only relates to the flight concerned. Currently the airline maintains their position that extraordinary circumstances applies and they are refusing to pay compensation. However, we are not an ombudsman scheme and we are unable to impose a solution on an airline."

I've wrote back to the CAA as Thomson has never provided any information regarding the "extraordinary circumstances" resulting in a four hour delay.

bigmama1

I have today received from the CAA a reply to my correspondence with them dated September 2013! I had given up on the CAA anyway as I found them useless. Their e-mail is as follows:

"Thank you for your patience with us while we investigate your complaint about the disruption of flight TOM46 on 4th December 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 EC261/2004.

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 were adverse weather conditions as well as an Air Traffic Control decision 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 'extraordinary circumstances' of EC241/2004 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 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".

My comments are that its a good job I went ahead with my NBA letter and have been preparing my bundle for Court date of 10th July 2014! As mentioned on this forum many times the CAA are useless and don't bother with them!

I have sent an e-mail to the CAA requesting a copy of Thomson Airways response to them. I will be very interested indeed to hear about the Air Traffic Control decision! Especially as in my bundle I have Flightstats showing that Gatwick airport was open and there were many flights departing worldwide! Another lie by Thomson Airways! I do wonder though if the CAA actually investigate the information given by airlines?

Thomson Airways are intimating that the decision was not theirs to cancel our flight, but the Air Traffic Control. If that was so, why were there so many flights departing on the date of our flight I wonder?

In my bundle I can also prove further that Thomson Airways have been incorrect with other information they submitted in their Defence. I would also add their Defence was UNSIGNED! Im hoping the Judge will act accordingly on this!

Vauban

Today these so-called guidelines were formally rendered unlawful. So the letter from the CAA is even more useless than normal!

bizzybus

Hi
After being fobbed off by Thomson last year (Extraordinary Circumstance) i filed all my claim notes and forgot about it. After today's decision does anybody think it would be best to wait for the Dawson decision (as my claim is now over 2 years), or resubmit my claim to Thomson stating that my original claim to them was within the 2 years and there reason for refusal is now wrong.

David_e

bizzybus wrote: »

Hi
After being fobbed off by Thomson last year (Extraordinary Circumstance) i filed all my claim notes and forgot about it. After today's decision does anybody think it would be best to wait for the Dawson decision (as my claim is now over 2 years), or resubmit my claim to Thomson stating that my original claim to them was within the 2 years and there reason for refusal is now wrong.

The date of your "original claim to them" is irrelevant. The time limits apply to taking legal action.

bizzybus

Thanks David-e

So its better to wait for Dawson?