Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

SimonAddison wrote: »

But am keen to know people's views on whether a 'problem with the left hand engine' counts as extraordinary circumstances.

Whether left hand engine or even the right hand engine you had a technical problem with 'your' plane which is an ordinary happening and never extraordinary.

SimonAddison

111KAB wrote: »

Whether left hand engine or even the right hand engine you had a technical problem with 'your' plane which is an ordinary happening and never extraordinary.

of course I agree, but Thomson seem to anticipate this and go on to say in their letter...


"To some there is a fundamental misunderstanding around whether technical problems can constitute Extraordinary Circumstances with many believing that no technical problems fall into that category at all. This is simply not true, as confirmed by the CJEU itself, their decision of Wallentin-Hermann v Alitalia provides some clarity".


They then go on to quote excerpts from that court case which are too long to include here.


But they conclude "a problem that arises OUTSIDE of regular maintenance and which is not the result of POOR maintenance can't be inherent in the operation of an air carrier and therefore will be Extraordinary Circumstances".


This is where it gets tricky... because I am not really in a position to challenge the validity of this statement, I can only go on what they tell me!

dxc_chappie

SimonAddison wrote: »

This is where it gets tricky... because I am not really in a position to challenge the validity of this statement,

You don't need to - it's already been challenged in court and the Supreme Court have refused permission to appeal it (read up on the Huzar case). Thomson's text is a c'n'p job. Proceed with your claim.

Josie_T

looking for details of flight delay with Thompsons from Manchester July 2011 to Corfu delayed overnight and put into hotels can anyone help with flight no

111KAB

Josie_T wrote: »

looking for details of flight delay with Thompsons from Manchester July 2011 to Corfu delayed overnight and put into hotels can anyone help with flight no

Flightstats.com


+ https://forums.moneysavingexpert.com/discussion/5042802

JPears

111KAB wrote: »

Whether left hand engine or even the right hand engine you had a technical problem with 'your' plane which is an ordinary happening and never extraordinary.

:rotfl: :T

SimonAddison

dxc_chappie wrote: »

You don't need to - it's already been challenged in court and the Supreme Court have refused permission to appeal it (read up on the Huzar case). Thomson's text is a c'n'p job. Proceed with your claim.

Thanks - I have had a quick look at references to the Huzar case on this thread. It seems that this stops Thomson citing mechanical problems as extraordinary circumstances. Is that right? Please can anyone summarise the upshot of this case?

SimonAddison

SimonAddison wrote: »

Thanks - I have had a quick look at references to the Huzar case on this thread. It seems that this stops Thomson citing mechanical problems as extraordinary circumstances. Is that right? Please can anyone summarise the upshot of this case?

I've done some more research, and this quote from the CAA website is useful:


The UK Civil Aviation Authority (CAA) is clarifying its advice to passengers on their rights to compensation for delayed and cancelled flights, following the ruling in the Jet2 v Huzar case at the Court of Appeal on Wednesday 11 June.

The Court of Appeal ruled that ordinary technical problems that cause flight disruption, such as component failure and general wear and tear, should not be considered “extraordinary circumstances”. This means that airlines can only cite technical faults as a reason for not paying compensation if the fault was originally caused by an event that was “out of the ordinary”. So technical faults such as a part on the aircraft failing before departure will generally not be considered extraordinary circumstances.

Vauban

I've done it - in my guide!

batman44

SimonAddison wrote: »

Thanks - I have had a quick look at references to the Huzar case on this thread. It seems that this stops Thomson citing mechanical problems as extraordinary circumstances. Is that right? Please can anyone summarise the upshot of this case?

first question - yes!

Upshot - Any issue beyound the airline control ie. Weather, ATC, Third party, Bird strike. All beyond the airlines control, anything else is the responsibility of the airline that includes tech issues.

I suggest you read the Huzar thread from the start to give you a better understanding of where things are at now.