Flight delay and cancellation compensation, Tui/Thomson ONLY

maghater

JenGem1 wrote: »

We were delayed for 26hrs on a Thomson flight from Malaga to Manchester in July 2011 due to a technical fault with the aircraft. We complained to Thomson at the time and requested compensation for the delay and reimbursement of costs incurred during the delay. We received a written apology from Thomson but no compensation, their letter stated that they did not offer compensation for delays. Considering the time that's passed since our original complaint do you think we should pursue this with Thomson and request a claim form or go to step 2 and write to the CAA as we were unsuccessful in our original complaint?

In July 2011, UK airlines were refusing to pay out under EC261 as they were lodging an appeal against it. This appeal was thrown out, in October 2012, so airlines now have to pay unless they can prove ecs. What you need to do is write again, giving your name(s) flight details etc., and say you wish to claim compensation under EC 261. They should reply within 28 days. Claiming out of pocket expenses is slightly more difficult, under the regulations you should be provided with some refreshments, overnight accommodation etc., if they failed to provide them you could try and claim, but they will insist on receipts

tellmah

I am looking into a flight delay with TOM from last year which i'm sure was over 4hrs as per the requirement and was looking on Flightstats to check, before i registered though, i looked at the T+C's for Flightstats and it says.

"You May Not

Use the FlightStats Services or the FlightStats Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004. "

How would this affect any subsequent claim if asked where the info came from bearing in mind most people won't remember how long the delay etc was?

blondmark

johannab wrote: »

Thanks for responding. I am going to write back to them in that case. I understand that they try everything they can to put someone off claiming , I just wonder how many rebuttals I will get before they give in...if they ever give in !

They'll give in at some stage between judgment and bailiffs. So cut your losses and start suing now.

blondmark

So we all know about the time limit of six years for bringing claims under 261/2004 handed down by the ECJ in Case C-139/11 Joan Cuadrench More v Koninklijke Luchtvaart Maatschappij NV.

Essentially that's the reason Thompson's hilarious pre-eminent QC got it so wrong about 261/2004. His argument is limited solely to Montreal Convention claims, so if you die on a flight or lose a leg, you will need to get your claim in within two years.

But what about airlines with terms that contain a clause limiting all claims to two years, and you've clicked a box agreeing to them?

Well firstly any term that purports to limit or exclude a statutory right is immediately void. However secondly, the Regulation itself expressly prohibits any interference from airlines' terms under Article 15:

“Exclusion of waiver

1. Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.”

A_Flock_Of_Sheep

tellmah wrote: »

I am looking into a flight delay with TOM from last year which i'm sure was over 4hrs as per the requirement and was looking on Flightstats to check, before i registered though, i looked at the T+C's for Flightstats and it says.

"You May Not

Use the FlightStats Services or the FlightStats Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004. "

How would this affect any subsequent claim if asked where the info came from bearing in mind most people won't remember how long the delay etc was?

I used Flight Stats before that was put up I think. Maybe they feel they are being overloaded.

A_Flock_Of_Sheep

I would be interested to know the status of people's court claims with Thomson. I have now gone down the MCOL route same as my Nephew. I was going to try the section 75 route but decided upon a self challenge. I have had so far no acknowledgement of service from Thomson.

abz_sco

Pinkie1972 wrote: »

I sent mine on 18th feb and got reply last Monday (re same flight) so shouldn't be long for you. They have rejected the claim saying the engine fault was extraordinary circumstances. Please let us know if you have any luck. Cheers

Hey Pinkie, I got my letter on Fri, stating about the engine, but I clearly remember the Pilot telling us the reason for the delay was a loose panel on the outside of the plane?? :mad:

maghater

A_Flock_Of_Sheep wrote: »

I used Flight Stats before that was put up I think. Maybe they feel they are being overloaded.

Nothing stopping you using Flight Stats to check how late your flight was. You already know roughly how long your flight was delayed and are just using it as confirmation. Don't quote Flight Stats they are probably getting worried about getting sued for false info". Then write to Thomsons and just say you were on flight xxxx delayed etc., no problem

Lou28

Hi
I was on flight TOM144 to Cancun on 19-Jan-13 which was delayed for 31 hours so I sent in a claim. The letter we received when the flight finally took off stated the reason was ‘firstly due to weather conditions then due to a technical fault on the aircraft". The first 24hrs were due to the weather, the other 7hrs were due to the technical fault.

I have just received a reply from Thomson stating that no compensation is due because the root cause of the delay was a direct result of the weather conditions and comes under extraordinary circumstances. I know the weather lets them off the first 24hrs but we were then delayed for a further 7hrs because of a fault to the plane. Any advise on what I should do next? Thanks

Vauban

Lou28 wrote: »

Hi
I was on flight TOM144 to Cancun on 19-Jan-13 which was delayed for 31 hours so I sent in a claim. The letter we received when the flight finally took off stated the reason was ‘firstly due to weather conditions then due to a technical fault on the aircraft". The first 24hrs were due to the weather, the other 7hrs were due to the technical fault.

I have just received a reply from Thomson stating that no compensation is due because the root cause of the delay was a direct result of the weather conditions and comes under extraordinary circumstances. I know the weather lets them off the first 24hrs but we were then delayed for a further 7hrs because of a fault to the plane. Any advise on what I should do next? Thanks

I don't know - it's a tricky one, and a judge could rule either way. Only way to know for sure would be to take it to court.