Flight delay and cancellation compensation, Tui/Thomson ONLY

EFK17

blondmark wrote: »

In your example you could sue the original builder in contract and the subcontractor in negligence. However a claim for a delayed flight is completely different. That is because you are not suing in contract or in negligence. Regulation 261/2004 creates a liability for the operating air carrier and for no other party.

Hi All,
I had a chat with a "manager" regarding the entire shambles on my Gran Canria 40 hour delay and argued on the same principle that I booked the holiday with Thomson and not with another company, She simply apologised on every issue that I raised although making no concession on my claim against THOMSON. (She stated the HEAD of their legal department issued the directive re it was not their aircraft therefore no compensation) I asked was this a legal fact or simply his opinion?

I then asked who paid for the hotel accomodation, meals etc due to the delay and did Thomson seek compensation from the airline operator for our flight? Her response was that they would and suggested this would not be opposed!

Well my simple mind then thinks if this airline operator did so they therefore accepted liability for the delay ( no arguements about "extraodinary circumstances" ) seems Thomson are then in a win win situation!! IF, and it is a big if, all the foregoing is true you would think THOMSON, if not the aircraft provider for a holiday flight, would be a credible and important "witness" for a claimant since they receive "compensation for their "LOSS" on any delayed flight as matter of course?? when they "hire"/use another aircraft .

P.S. Not looking for sympathy but while speaking to this manager asked she look at my other claim re FLIGHT TO PAPHOS on 30 SEPT
2013 from EDINBURGH. More or less suggested I was the only claimant since their database showed no reference to this flight!
However within seconds she then told me it was another THIRD PARTY flight and again would result in NO compensation. Trying to keep my calm I queried what flights leave EDINBURGH to PAPHOS via a Thomson Aircraft ,,, reply NONE since they cannot use Edinburgh for this destination!"!....................

Do not know who to believe in the world anymore!!!!!!!!!!!!!!!!!!

happychap7

Very disappointed, thought Martin might at least have named and shamed Thomsons on the show tonight. Martins show made people aware of what been in the public domain for months now. I only watched the show hoping a Thomsons rep would have to try and explain their 2 year limit on claims! Waiting for CAA advice and then off to court !:money::(

emartin

Can someone please advice what a company like EUclaim would charge for a case?
I have received the standard 2 year response letter from Thomson for a flight delay of 24 hours (Kenya to London) in 2009

I really dont have the time or knowledge to take it further myself but wonder if it would be worth going through a no win no fee company?

Thank you

Pinkie1972

emartin wrote: »

Can someone please advice what a company like EUclaim would charge for a case?
I have received the standard 2 year response letter from Thomson for a flight delay of 24 hours (Kenya to London) in 2009

I really dont have the time or knowledge to take it further myself but wonder if it would be worth going through a no win no fee company?

Thank you

According to their website you will receive 71% of the award minus €26 admin charge.

lorna19

hi i had a cancelled flight in Feb 2012, while in SharmEl Shelikh with thompson flying back to cardiff, at first we had a 2-3 hour delay, then they cancelled the flight as the aircraft broke down and there was no replacement aircraft until the following day, i would just like to know would i be able to claim compensation, many thanks thanks in advance for your replies...

richardw

Do you have tenacity to take them to the small claims court or use a no win no fee specialist lorna 19?

mollymootuppence

Hi,

We were on a thomson flight from barbados to manchester in january 2009. the plane was on the runway being led out prior to departure when the plane rolled into grass. it could not be moved and all passengers and fuel and luggage had to be removed to get the plane out. by the time all of this had been done they had decided to cancel the flight until the next day and put us up in a hotel in barbados overnight and we returned the next day.
would this qualify and what would you think the likelihood of success would be based on the circumstances plus the fact that it was over 2 years ago.
it was part of a package holiday if that makes a difference. we made a claim on the insurance and got about £30 back if memory serves (just in case thats important too.)
any advice gratefully received.

molly

richardw

mollymootuppence wrote: »

..the plane rolled into grass. ...

Why did that happen?

mollymootuppence

richardw wrote: »

Why did that happen?

"during the push-back process the aircraft moved off the paved area"

ive just found the letter thomson sent me after the event explaining it. it also says it was an 18 hour delay rather than a cancellation. but flightstats.co.uk say it was a cancellation. either way, i have a letter from thomson basically confirming i was on the flight, that it was a severe delay/cancellation and that it was their fault (i am assuming this last one. surely if the person guiding the plane guides it onto the grass, then that is their fault?)

richardw

mollymootuppence wrote: »

...surely if the person guiding the plane guides it onto the grass, then that is their fault?..

Read up on 'principle and agent' and then write to Thomson.