Flight delay and cancellation compensation, Tui/Thomson ONLY

bigmama1

111KAB wrote: »

bigmama1 - welcome to the UK legal system! Sorry to hear of your problems. My inclination would be to get an early letter into the court and added to your file so the problems you experienced today were bought before the judge prior to him/her making the possible wrong decision on your claim.

I followed your advice and prepared a letter to the judge which was taken, by hand to the court this morning! I basically told the judge we were unhappy at having a paperwork decision after specifically writing to the court earlier requesting an oral hearing.

Whilst I was on a roll I mentioned about the unclear wording on the court papers! When we were told our hearing "had been restored" we assumed it meant this was because of our request for an oral hearing!

I also included our skeleton argument, questions we had prepared for the witness/Thomson and a copy of the Huzar decision! We were going to present these yesterday at court. Or so we thought! Ah well if the judge ignores them, at least I tried!

We now know that Thomson did not attend the court yesterday. They were obviously aware of the paperwork decision? This doesn't excuse the fact that we were told yesterday that our hearing was on the list for 2.00 pm!

It is now going to take weeks/months to sort out and we had hoped to have had this all finalised yesterday!

If my letter improves how information is corresponded to a claimant in the future, it would have been worth having another sleepiness night!

111KAB

bigmama1 wrote: »

I followed your advice ......

Lets hope I was right!

Jospain

I used the template letter to email Thomson about our 9hr 12min delay on 30/10/13 from Gatwick to Cancun caused by a technical problem which was discovered once we were all boarded and started to taxi to the runway. We sat on the plane for 3 hours before they off loaded us back into the airport and gave us food vouchers.
In their reply to me which arrived this morning they state 'that the flight was delayed due to a technical defect being detected prior to departure. The aircraft is unable to be legally dispatched with this defect. The technical issue with the aircraft was not due to poor maintenance and is not something that could of been foreseen; therefore the cause of this delay sits under Extraordinary Circumstances.'
They then go on to quote about the court of justice of the European union and Nelson v Lufthansa blah blah blah.........
'In the case of your flight the cause of the delay was due to a delay to "unexpected flight safety shortcoming" arising from the discovery of a technical defect that doesn't fall into the category of something that was or ought to have been discovered during routine maintenance.'

Can someone tell me if it is worth pursuing this any further as I am confused by what I have read about technical problems being the cause of delay?

Thank you in advance.

111KAB

Jospain - you have a valid claim - read FAQ's page one.

Jospain

Thanks for your reply 111KAB.

I am still really baffled by what is classed as technical defect and extraordinary circumstances although I have read the whole topic on MSE?
(I am blonde!!!)

What do I do now and who do I contact? Should I write to Thomson again?

Thanks

Vauban

If you've gone through the FAQs and are still baffled (which is fine - there's a lot to take in) you should probably think about engaging a NWNF lawyer? They'll progress your case for you, for about 30% of your claim.

looby_loo48

On the day we were due to return from the Domincan Republic, our flight was delayed for 24 hours due to a "techincal fault" on the new Dreamliner. As a result we lost our connecting flight from Gatwick to Edinburgh. I made a claim for compensation to Thomsons only to receive a letter today that said they would not be paying any compensation as the delay was not their fault. It certainly wasn't the fault of me or any of the other 300 odd passengers. They finally sent an old plane for us which was freezing and had small uncomfortable seats, we expected to return on the dreamliner.
Surely airline companies should be better prepared for such "technical faults" and if such things do happen then we should be compensated. Can anyone tell me what the next step should be?

111KAB

looby_loo48 wrote: »

Can anyone tell me what the next step should be?

Read FAQ's on Page one of dedicated Thomson thread then ask any questioned which have not already been answered on that thread.

brynglas

Hi. At present my daughter is sat in a hotel in bristol instead of sunning her self in zante her flight took off at 1:55 pm today and after approx 1 hour 30 mins an announcement was made that they were returnig to the uk. The reason that seems to be coming out for this is there was a technical issue in the !!!! pit and that if they had continued to zante there would not have been enough time to fix the plane and return. Something to do with the time. They have been given overnight accommodation and can spend up to £20 on an evening meal but they won't pay for the cost of their drinks (coke). Any advice please on how they stand for compensation. This is her first girls holiday only going for a week as you can imagine this is devastating in her eyes. Yes we appreciate it was for their own safety but they could have got to zante. Any advice greatly received . Ps this this is a thomson holiday and flight

Kew73

brynglas wrote: »

Hi. At present my daughter is sat in a hotel in bristol instead of sunning her self in zante her flight took off at 1:55 pm today and after approx 1 hour 30 mins an announcement was made that they were returnig to the uk. The reason that seems to be coming out for this is there was a technical issue in the !!!! pit and that if they had continued to zante there would not have been enough time to fix the plane and return. Something to do with the time. They have been given overnight accommodation and can spend up to £20 on an evening meal but they won't pay for the cost of their drinks (coke). Any advice please on how they stand for compensation. This is her first girls holiday only going for a week as you can imagine this is devastating in her eyes. Yes we appreciate it was for their own safety but they could have got to zante. Any advice greatly received . Ps this this is a thomson holiday and flight

Read FAQ's on Page one of dedicated Thomson thread then ask any questions which have not already been answered on that thread.

Maybe worth exchanging details with others on the flight tomorrow and directing them to the FAQ on this forum - power in numbers and all that!