Flight delay and cancellation compensation, Tui/Thomson ONLY

austin9658

Caz3121 wrote: »

You need to read up about the Huzar case. There is no law currently that says a technical fault is an extraordinary circumstance
Compensation is applicable if the delay is within the airlines control so if bad weather or ATC then this is extraordinary. The Huzar case is about technical delays and the fact that keeping aircraft in serviceable condition is the responsibility of the airline
You will find a full thread about this

Any technical problem which occurred unexpectedly and could have safety implications was also to be deemed “extraordinary”. Bye the way what is Huzar case history, I did not get it.

Gremo

Hello,

I am hoping someone will be able to advise me on my next step.

I was delayed with Thomson for 6 hours on a flight from Exeter to Dalaman in July 2014. The delay was caused by a window heat defect. This was detected before we took off, but after the plane had arrived at the airport.

I sent an initial letter to Thomsons, and have now received a rejection letter. Thomson are stating that:
'The technical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen; therefore the cause of this delay sits under Extraordinary Circumstance'.

Thomson go to to state that '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.' [the poor English is theirs, not mine! The letter was riddled with errors!].

They then quote Wallentin-Hermann v Alitalia to support their argument that the delay on our flight was due to extraordinary circumstances.

However, our plane did fly us to Luton to change planes! So surely if they are claiming the delay is exempt as it was a safety concern, we shouldn't have flown anywhere on the plane?

I am also confused as the letter refers to Huzar v Jet2.com in quotation marks on page 1, and then states (on page 2, within a section of text in quotation marks) that they are unable to further my claim until the appear has been heard. This is then contradicted later in the letter when they outright reject my claim citing Wallentin-Hermann v Alitalia.

So my questions are:

Have they actually rejected my claim or is it on hold until the Huzar v Jet2.com appeal is heard? The letter suggests both, which is ridiculous!

Is a window heat defect extraordinary circumstances? My understanding of Huzar v Jet2.com leads me to think that it is not, however, I am clearly biased as I am seeking compensation for this shambolic mess of a flight!

Also, is it worth responding to Thomson? I am aware that the CAA are pretty useless, and am quite happy to take Thomson to court but I want to make sure I have exhausted every avenue with Thomson first.

Any help would be much appreciated. Thanks!

Caz3121

Have a read of Vauban's guide linked in the FAQs it should cover everything you need (and much more)

Gremo

Thank you Caz!

The FAQ guide is very comprehensive and will certainly help me in my battle.

I am tempted to contact Thomson again before taking court action so that I can determine whether they have rejected my claim or whether I need to wait until the final ruling on the Huzar case- as they stated both in their rambling response!

antonyc79

HarryH321 wrote: »

No surprises on this one. I was on TOM314 on the 10/09/14 just over a month later and guess what, we had a 5 and a 1/2 hour delay. Eventually arriving in Sharm at 22:00. I'm currently putting together my case for a claim. Did you get anything back from Thomson?

Sorry only just seen this. Not had a reply from Thomson yet i will update when/if i do.

monkeybusiness

Well, after waiting 3 months or more for a reply from Thomson, I have today finally received a rejection letter for my claim for commpensation. Our flight home from Menorca was delayed for two reasons, it firstly arrived 1 hour late and then was further delayed by just over 2 hours before take off. Thomson have not commented on the initial delay in arrival at Menorca, and have only advised that the delay in taking off was due to a starter motor problem which does not fall in to the category for compensation. Can anyone confirm that this is correct and is it worth persuing this further ? Many thanks !

Vauban

monkeybusiness wrote: »

Well, after waiting 3 months or more for a reply from Thomson, I have today finally received a rejection letter for my claim for commpensation. Our flight home from Menorca was delayed for two reasons, it firstly arrived 1 hour late and then was further delayed by just over 2 hours before take off. Thomson have not commented on the initial delay in arrival at Menorca, and have only advised that the delay in taking off was due to a starter motor problem which does not fall in to the category for compensation. Can anyone confirm that this is correct and is it worth persuing this further ? Many thanks !

It's not correct that a technical problem is exempt from compensation. But are you sure you arrived at your destination more than 3 hours late? If so read my guide - there's a link to it from the sticky.

Caz3121

monkeybusiness wrote: »

Well, after waiting 3 months or more for a reply from Thomson, I have today finally received a rejection letter for my claim for commpensation. Our flight home from Menorca was delayed for two reasons, it firstly arrived 1 hour late and then was further delayed by just over 2 hours before take off. Thomson have not commented on the initial delay in arrival at Menorca, and have only advised that the delay in taking off was due to a starter motor problem which does not fall in to the category for compensation. Can anyone confirm that this is correct and is it worth persuing this further ? Many thanks !

answer was given in #5591 (and #1446)
the reason for the late inbound is irrelevant. What is important is how long you were delayed arriving.
You will need to go to court to progress this...and the case will likely be stayed till the result of Huzar (which if found in the airlines favour means there will be no compensation for technical problems)

bigmama1

It's been some time since I last submitted to this forum after the decision carried out by the DJ on my case listed in June this year.

I was informed that if a person had a complaint to make about a DJ, an application could be made to the Judicial Conduct Investigations Office.

I submitted my details to this Judicial Conduct Investigations Office a few weeks ago. The details, which mainly concerned a paperwork decision which had been made on my claim by a DJ, against my express written request to have an oral hearing. There were other errors also with the whole court handling of my claim. This decision on paperwork alone, did not allow me to present my proof dismissing the inaccurate defence details by Thomson Airways.

Due to my ill health I did not wish to appeal the decision,with all the
stress involved. I thought that by purely complaining to the Judicial Conduct office about the mishandling by the DJ of my case, at least a lesson could be learnt. (I knew I wouldn't get any compensation)

Now I've just received a reply from the Judicial Conduct Investigations Office which briefly says: "unable to accept your complaint for consideration. This is because your complaint does not contain an allegation of personal misconduct on the part of a judicial office holder". (Then it goes on to quote that Rule 8 requires my complaint meets these criteria if it is to be considered).

It then goes on saying that "this office investigates personal misconduct of a judicial office holder whether in court or outside it. Examples of this include shouting, aggressive behaviour, use of insulting, profane, racist of sexist language or being found guilty of an offence such as speeding".

Nothing is mentioned about a District Judge not doing his job properly!

The letter then goes on to say "The points you raise in your complaint are matters that relate to the judicial decision and the management of your case, and fall out of our remit. It is part of a judge's role to decide on how to manage a case and its outcome. The JCIO cannot investigate, question or challenge the judge's decision or handling of a case".

The letter goes on to say that members of staff at the JCIO a are not legally trained and advise me to seek legal advice!

So basically I have wasted my time again!

I'm not clear now who I can complain to about the handling of my case. In the information enclosed it says that a complaint about a Magistrate must be sent to to the Magistrates Local Advisory Committee and complaints about Tribunal Office Holders must be sent to the Tribunals President.

Can anyone advise me which one I should write to now?

Thank you in advance for any advice given on this forum by the "experts".

legal_magpie

I'm sorry but I thought you had decided to give this up because of health and stress. If you had said that you intended to make a complaint via the Judicial complaints office I would have told you that you were wasting your time for the reasons you have been told.


You have asked for advice so here goes. You may not like it but I tell it as it is.


You have two choices.


1. Give it up and move on (I thought you had already decided to do this)


2. Appeal. However, you are now out of time and if you wish to do so you will have an additional hurdle namely to give a good reason for the delay.


Sorry if this is blunt but by keeping on and on about it you are simply causing yourself further stress. PM me if you like
JJ