Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

No3tic wrote: »

Hello

Does anybody know whether making a claim with your travel insurance provider for subsistence costs approx £60 (30 p/p) will affect being able to make a claim with the airline?

I have checked the FAQs for this however I cannot find the answer!

Thanks
Jim

Two separate issues so deal with them separately.

White_Robbie

Thought I'd share the good news relating to my initial post below. Following the initial response from Thomson and the outcome of the Huzar case I responded to them to state that I did not agree with their consideration that Extraordinary
Circumstances applied. I further stated that I still considered that I had a good case which was supported by information on the EUClaim website and that I would like all original documents sent to them to support my claim, returned to me as they would be used to support the escalation of the case through the appropriate legal process. Within 11 days I received a response stating that my case had been reviewed and I was offered compensation of 600 Euros per passenger - total of £3368.32 for all passengers. I would therefore urge passengers in a similar position to seek legal advice, persevere with their claim, escalate if necessary - and stick to your guns !!

White_Robbie wrote: »

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

111KAB

pauldohey69 wrote: »

No theres nothing in there that forms any POC's
thanks

Perhaps if you explained exactly what you are seeking and why someone could assist.

shaun01793

shaun01793 wrote: »

I travelled on a package holiday to Aruba on 27th May 2014. the flight was on the dreamliner. Before take off Thomson applied a software update to the aicraft which went wrong. The result was they had to send a car to Luton airport to collect original update discs for the plane and a 6.5hr delay to the passangers. As the flight was nearly 8000km and delayed more than 6hrs what are my chances of getting compensation for this?

So i've now had a letter back from Thomson...3 pages saying we're not gonna pay

What would be my next course of action...any help would be appreciated please guys

111KAB

shaun01793 wrote: »

So i've now had a letter back from Thomson...3 pages saying we're not gonna pay

What would be my next course of action...any help would be appreciated please guys

1) Walk away
2) Court claim or
3) Use a no win no fee


Your choice.

Alan_Bowen

Flights with Onur do not qualify for compensation under EU261. Not sure any airline could tell you 14 days in advance that a flight would be delayed, it tends to happen on the day. The '14 rule' applies to cancellations and is equally not relevant as your flights were with a non EU airline. The claim can only be made against the specific carrier, not the agent or operator who booked it.

111KAB

pauldohey69 wrote: »

I have previously and got directed back to the "how to claim" page.
I have to put in POC's by 14th august against Thomson for a delay of 8 hours 8 minutes due to airelron failure which was known about 24 hours earlier as the plane was grounded for the previous day due to this, obviously got as far as response "exceptional circumstance" nonsense and took it to court so just trying to get the general POC's and adding my own circumstances to them but cannot find any general info on here.

The normal wording is extraordinary circumstances as this is the wording reflected in 261/2004 and as such an aileron defect is not extraordinary as it is a technical problem - tech problems with planes happen every day and therefore they are commonplace not extraordinary.


In addition if the problem occurred 24 hours previously this left more than adequate time for Thomson to resource an alternative plane.


From the sound of things you have until 14/08/14 to submit your claimant statement to the relevant court. Amongst other things you should include 261/2004 and Huzar however I would cease to keep referring to POC as this is not a legal term and really has no bearing on a claim to a court. In addition I suggest you use the word extraordinary rather that exceptional unless you are making reference to this wording in the Thomson defence.

alyson1966

Hi
I got a reply back from thomsons today "saying I am not entitled to any comp re four hour delay in May as it was a technical fault, prior to departure the previous flight suffered a Hydraulic leak. as this fault is not down to poor maintenance and could not be predicted then it is Extraorindary circumstances."
The pilot when apologising for the delay also mentioned the technican was ill that they first called to fix the problem, surely Thomson have a back up plan.
If anybody has any suggestions what to do next I would be really grateful.
Thanks

111KAB

alyson1966 wrote: »

If anybody has any suggestions what to do next I would be really grateful.
Thanks

1) Place on appropriate thread
2) walk away or
3) claim yourself (after NBA) or
4) use a NWNF

111KAB

pauldohey69 wrote: »

Sorry allocation questionnaire needs to be submitted and yes extraordinary not exceptional, but you could be a little more friendly!

Trying to help however if you think my tone unfriendly ... that is me ... hopefully someone else will assist from here on in. Good luck.