Flight delay and cancellation compensation, Tui/Thomson ONLY

Shandleys

Hi,

Can someone please advise as to whether I can claim compensation or not. We were returnign from our honeymoon and our fllight was scheduled to leave cancun on the 18th Feb at 16.10. The flight was delayed due to a technical fault for 24 hours. As we were on a package holiday they put us up in a hotel that night and then took us back to the airport the next day. This meant that we both had to book another day off work pay extra car parking etc.However, all I want to know is can we claim compensation or because they put us in a hotel I presume we cant is this correct. The holiday was booked through first choice.
Thanks in advance for any advice.

NoviceAngel

Hi Shandleys,

Welcome to the complex world of flight delays.

Compensation due under EC261/2004 is due because of the delay, it makes NO difference if you stay in a hotel or not, so you should be able to claim.

Have a read of Vaubans guide.

Cheers,

NoviceAngel

JPears

And please read the advice above your first post - read "Vauban's guide"
It will answer all your questions.

richardw

Shandleys wrote: »

...The holiday was booked through first choice..

The 'operating air carrier' is who you claim from, not who you booked through.

missie66

Hi Just to update everyone.
After my compensation claim for TOM4361 from Larnaca was rejected due to "exceptional circumstances" I followed this up with a NBA letter sent on 14.01.2015.
I called Thomson today to see if there was an update and was told that my claim was still rejected due to the following reasons......
The aircraft that was scheduled to fly out and pick up our Gatwick flight from Larnaca was struck by lightening when coming back from Greece to the UK. I explained this was nothing to do with my flight as it was the Luton flight that was struck by lightening and Thomson had made an "operational decision" to delay our Gatwick flight.
The Adviser proceeded to argue it was our Gatwick aircraft struck by lightening, until I asked "if that was the case, why was both the Delayed Gatwick and Luton flight taken back to Gatwick on one plane and the Luton passengers taken back to Luton by coach?"
Silence.......... I was then put on hold whilst the adviser checked the notes on screen, and then finally........... the adviser actually admitted he was wrong and the problem was with the Luton flight and not the Gatwick flight.
Hooray!!!!! but....... after speaking with Thomson`s legal team, they determined they had no option but to delay our flight, it was not a "operational decision" but was "exceptional circumstances"........So Yes he admitted I was correct and he was wrong, but......they are still declining my claim for compensation.
So my question is "what is my next move"?
The 14 days from my NBA letter expire on 28.01.2015. Should I wait until the end of the week and see if they give in, should I start proceedings in a small claims court, or should I use a No Win No Fee claims handler?
I feel very strongly that I have a case, and think I can do this in a small claims court, what do other forum members think?

jayw996

Sorry if this has been asked before. Have agreed a settlement but Thomson will pay in 28 days, court hearing is in 10 days. What happens if I cancel the hearing then don't get paid?

Vauban

jayw996 wrote: »

Sorry if this has been asked before. Have agreed a settlement but Thomson will pay in 28 days, court hearing is in 10 days. What happens if I cancel the hearing then don't get paid?

Then you're screwed! Of course the airline can pay before the hearing, if they decide to. You should not vacate the hearing until you have either the money or a judgement. It's a shame but I'm afraid you just can trust them.

JPears

Vauban wrote: »

Then you're screwed! Of course the airline can pay before the hearing, if they decide to. You should not vacate the hearing until you have either the money or a judgement. It's a shame but I'm afraid you just can trust them.

Can't? Broadchurch must have muddle the synapses Lord Prof

Vauban

JPears wrote: »

Can't? Broadchurch must have muddle the synapses Lord Prof

Yes - far too much suspense for an evening! Can't is of course quite right!!

NoviceAngel

It's surprising how you can read a post and even though the word is misspelt your brain automatically corrects the typo in your head, I read the post and read it as can't......

There must be a reason for that, it must be me needing my warm and cosy bed, nighty night forum xx