Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

lbeasant wrote: »

Do you know whether you have to be the lead passenger to claim from Thomson. My son and his girlfriend went on holiday a year ago and were delayed. The girlfriend was the lead passenger. My son claimed for compensation but the case has dragged on and unfortunately my son and his girlfriend have since split up. Thomson are now saying that they can only deal with the lead passenger. Is this true?

No. It is not true. There is nothing in the regulation that stipulates this. Read my guide and proceed from there. [Deja vu?]

Ignacio

legal_magpie wrote: »

As I (and others) have said, Thomson have made a business decision to settle the vast majority of outstanding claims which had been stayed pending the Supreme Court's decision in Huzar and Dawson. It is taking a while to clear the backlog and they seem to be concentrating on existing court cases first.

Sadly, this approach is not taken by all airlines.

So, if you have submitted a valid claim to Thomsons keep on with it.

I have not heard from Thomson for some months. They have even ignored 2 Court orders. I am claiming for TWO 24 hour delays within 11 months. I note that someone got full compensation from Thomsons. I would like more details as this payment may set a precedent.

Vauban

Ignacio wrote: »

I have not heard from Thomson for some months. They have even ignored 2 Court orders. I am claiming for TWO 24 hour delays within 11 months. I note that someone got full compensation from Thomsons. I would like more details as this payment may set a precedent.

What court orders have Thomson's ignored? And what have you done to bring this to the Court's attention?

I don't understand your last point: many hundreds of people have been paid full compensation from Thomson (there are loads reported on this forum). But why would this set a precedent for you?

MasterPoo

I'm happy to report that when I called Thomsons this morning, the Agent read out the letter that is supposedly dated 28 January 2015, that is being sent out to me with a cheque! YAAAAAY

Only query is that they haven't included the interest? I will try do the calculations to see how much that equates to and decide if it's worth the legwork or another letter?

THANK YOU VAUBAN, for the Guide!
THANK YOU to all the Subject Matter Experts!

The money can go towards my holiday spending money! YAY!

Vauban

That's great news MP - well done!

As you didn't start a court case though no interest would be payable - which always remains at the discretion of a judge.

MasterPoo

Vauban wrote: »

That's great news MP - well done!

As you didn't start a court case though no interest would be payable - which always remains at the discretion of a judge.

Thanks for that Vauban. I will now close the matter. Thank you once again.

silvial

Hi, I was wondering if I could claim compensation from Thomson. I've booked a holiday to Gran Canaria direct from Thomson website. Our flight from Gatwick on 29.12.14 to Gran Canaria was delayed over 5 hours due to Virgin flight emergency landing. We were the first flight to go just before it happened. And we had a big chance to fly before that happened but Thomson flight was already delayed about 30 minutes. Anyway they kept all the passenger in the plane for over 5 hours. Few hours after that when we were in the air they said that they run out from hot food and we were extremely hungry. We arrived at the hotel well after midnight so according to the check in a day after so we missed a great night and the dinner in our hotel.
Do you think I've hot any chance to claim compensation from Thomson?

NoviceAngel

silvial wrote: »

....... Our flight from Gatwick on 29.12.14 to Gran Canaria was delayed over 5 hours due to Virgin flight emergency landing. We were the first flight to go just before it happened. .........

hmmmmm, let me think.........

Your flight was delayed because of another flight, then that would come under a knock-on, so yes you would be covered, BUT on this occasion, your delay was air-traffic control restricted, so I'd say unfortunately no your situation would not be covered by EC261/2004..

It will be interesting to read amongst others PtLVs view?

Cheers,

NoviceAngel

Vauban

NoviceAngel wrote: »

hmmmmm, let me think.........

Your flight was delayed because of another flight, then that would come under a knock-on, so yes you would be covered, BUT on this occasion, your delay was air-traffic control restricted, so I'd say unfortunately no your situation would not be covered by EC261/2004..

It will be interesting to read amongst others PtLVs view?

Cheers,

NoviceAngel

Well I've no monopoly of wisdom on this, but for what it's worth I'm afraid I agree with the Angel - the majority of the delay was caused by airfield restrictions wholly outside the control of the airline. The fact that you only got caught up in it because you were running thirty minutes late doesn't seem significant to me.

As a digression, there is an interesting point in all this though. Do you remember when the BA aircraft had an emergency landing in London last year, due to maintenance errors. In that situation, most passengers flying with other airlines couldn't claim for compensation from their airlines for the reasons I and Angel give above. But passengers with BA could, because a) they could argue the cause of the incident was in BA's control, and b) BA were the operating aircraft for their flight. And I saw it reported that BA did indeed pay out for these passengers accordingly.

NoviceAngel

Vauban wrote: »

.......Do you remember when the BA aircraft had an emergency landing in London last year, due to maintenance errors. In that situation, most passengers flying with other airlines couldn't claim for compensation from their airlines for the reasons I and Angel give above. But passengers with BA could, because a) they could argue the cause of the incident was in BA's control, and b) BA were the operating aircraft for their flight. And I saw it reported that BA did indeed pay out for these passengers accordingly.

I don't recall it, but that would make perfect sense, a technical in flight or before flight is covered, so BA have to pay, other flights and passengers are delayed by air traffic (because of BA) and they cannot claim, seems a trifle unfair, but hey ho there the regs!