Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

Den_ram wrote: »

Thanks!!
NBA has already been sent.... Just really need to know if ECs apply only to the flight in question or if they can use the excuse of a previous delay to another aircraft?

Probably no. And you dont appear to have details of exactly what they were claiming as EC. Unfortunately you wont find ot until you take them to court.

dxc_chappie

Den_ram wrote: »

Thanks!!
NBA has already been sent.... Just really need to know if ECs apply only to the flight in question or if they can use the excuse of a previous delay to another aircraft?

The principle of ECs applying to the flight concerned is described in reg 261 albeit in the context of incompatible meteorological conditions.

In your case:
i) They are trying to disguise a tech problem as unexpected flight safety shortcomings thereby trying to circumvent the Huzar ruling.
ii) The problem was not with your flight.
iii) The problem was not even with the aircraft scheduled to operate your flight (as I understand it) therefore it was an operational decision to delay you.
vi) You have 6 years to start court action in England & Wales - as per Dawson case.

I suspect their defence will disintegrate once court action is started.

Den_ram

dxc_chappie wrote: »

The principle of ECs applying to the flight concerned is described in reg 261 albeit in the context of incompatible meteorological conditions.

In your case:
i) They are trying to disguise a tech problem as unexpected flight safety shortcomings thereby trying to circumvent the Huzar ruling.
ii) The problem was not with your flight.
iii) The problem was not even with the aircraft scheduled to operate your flight (as I understand it) therefore it was an operational decision to delay you.
vi) You have 6 years to start court action in England & Wales - as per Dawson case.

I suspect their defence will disintegrate once court action is started.

Thank you!!!! And 5 years in Scotland I believe?

lisashop

Was anyone else on flight TOM 4138 from Gatwick to Lanzarote on 29/12 that was cancelled due to the emergency landing of the Virgin plane at Gatwick?we were due to fly at 4pm on 29/12 but it was cancelled, we were put in a hotel by Thomson and returned the next day for a flight at 9am that was delayed to 9.55 am, we didn't arrive at our hotel until 4pm on the 30th, I have contacted First Choice but no reply yet only a case number, we are not covered by travel insurance so do I have a case with Thomson, any advice would be appreciated

Vauban

lisashop: I'm afraid that this is likely to be determined an "extraordinary circumstance" for which compensation wouldn't be payable. Sorry.

Tazngaz

What a result! Today I recieved a cheque for £948.19 for a 5 hour delay we experienced on 7/7/2011 Thomson flight BY599 Antalya to Bournemouth. I had originally complained to Thomson using the template letter from this site but was palmed off with the 'extraordinary circumstance' excuse. I then complained to the CAA who referred it back to Thomson after the EU regulation 261/2004 was re interpreted by the European Court of Justice on Oct 23rd 2012. It has taken a while but well worth keeping up the pressure. Good luck to all of you with cases pending.:j

Bridgetjones1965

Hi Guys

It's been several months since I first asked for your advice on our flight delay from Doncaster on the 12th July 2014, well after many letters back and forth between me and Thomsons over the past months I have today received a cheque for £636.26. :beer:

I am in total shock but very happy they accepted our claim, my perseverance and damn determination has paid of and it was well was worth the time and commitment I put in along with the many letters and documentation I had to send. :T

Good luck to all those still pursuing their claims

greenroundthegills

Would like to say do not have to take Thomson to court after all. To my amazement received a letter this afternoon containing a cheque for the full amount of my claim £954.41. Thought I would have at least had fight a little harder, so don't give up hope. Keep at them.

Vauban

There seems to be quite a bit of anecdotal evidence that Thomson Towers have finally raised the white flag? Not before time!

Skid_Marks

Vauban wrote: »

There seems to be quite a bit of anecdotal evidence that Thomson Towers have finally raised the white flag? Not before time!

A damage limitation exercise more likely. Jet2 and Ryanair please take note.