Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

Can anyone confirm a fuel shortage is not a Extraordinary Circumstance.... there was no civil war going on otherwise we wouldnt have traveled... due to FCO etc.

Any more pointers would be gratefully received.

Thanks

Scorps

I presume this was your original post on this delay from back in 2010.

http://forums.moneysavingexpert.com/showpost.php?p=39738672&postcount=806

Don't let yourself get bogged down with their list of excuses. I believe you have a valid claim, so follow Vaubans advice or pass to a NWNF solicitor for a slice of your compensation.

The list of what is or isn't an EC is none exhaustive.

Good luck.

NoviceAngel

Tyzap wrote: »

I believe you have a valid claim, so follow Vaubans advice or pass to a NWNF solicitor for a slice of your compensation.

The list of what is or isn't an EC is none exhaustive.

Good luck.

Thank goodness you came along I can go to bed now confident in the knowledge I'm not talking complete nonsense :)

Thanks Tyzap

Scorpio666

Yes that is my post back then

Thank Tyzap and NA, i just wanted to know if its worth perusing myself, as im up for it, but dont want to waste my time. Theres a hefty amount of interests to gain if i go at it myself.... just needed to see if it was clear cut or not (Which i know nothing generally isnt ) but wanted to get clarification as ive not read about fuel shortages anywhere else...

Just need to weigh up the outlay of MCOL and Time Vs NWNF....

Again anyone else is welcome to throw in there 2Ps....

Cheers

Vauban

A commercial fuel shortage shouldn't be regarded as "extraordinary" - it's an operational failure by the airline's contractor (for which the airline has ultimately responsibility). There are no certainties: you could be unlucky and get a perverse judgement; it happens. But I'd think your chances are good.

The DIY v NWNF debate is down to you. Do you have the basic literacy to understand and articulate your claim? And do you have the time to do it yourself? Will you enjoy the process of holding the airline to account yourself, especially if you feel they've messed you around? And - importantly - how much is the claim worth - the larger the value the more you'll be paying for a NWNF service.

Personally I think the win is sweeter when you put in the graft yourself, but I'm not sure I'd do it for a low value claim.

Good luck with whatever you decide.

NoviceAngel

Vauban wrote: »

Do you have the basic literacy to understand and articulate your claim?

Well it hasn't stopped me from having a pop, but then again I haven't won my case....... Yet?!?!?

The debate about DIY vs NWNF is really difficult, because the airlines make it so, the small claims procedure is relatively straight forward and simple to follow, the difficulty is caused when the airlines, submit pages and pages of defence, along with various expert witness reports that actually look quite convincing and professional. That's the point when you start to flounder, but if you can keep calm, carry on and go back to what the regs actually say then you should be fine.

I think probably the opposite to Vauban, if it's a low value case, have a pop yourself, if you loose well it should have been fun, if it's a high value case then let the experts handle it. The decision has to be yours though.

Let us know how you get on

Cheers,

NoviceAngel

Gorbar

Had e mail from Bott on Friday that our money had been transferred, no mention of how much. 2 of us I am expecting between £410-430, anybody any idea is that is about the correct figure. Did get back to them asking how much but they have not replied. Delay was December 2011, Paphos to Exeter

Neil_and_claire

ease ? last year we had a great holiday in Jamaica til we travelled home we were supposed to be transferred at 12.45 lunch time we checked the transfer folder that twice that morning to find 12.45 was the time at 11.30 we decided to check out of our room to find a small A4 piece of paper on the huge reception desk stating that we were delayed to 18.45 obviously we understood that delays happen but having checked the folder twice we were annoyed so tried to find our rep who was at another hotel my partner went to the hotel next door and managed to find him as we had checked out and had 7 hours to spend with no room he called our reception and managed to get us a half price afternoon room! kinda thought that should be free but cost me $30 U.S ! so 18.30 comes we and other annoyed people on our flight turn up at reception for the rep to say its gonna be another hour delay on our transfer! frustrated we waited til 19.30 we got picked up and told our flight was at 11.00 pm we got to the airport and checked our bags in to find our flight was at midnight our original flight time was 17.00 ? we boarded and were told by the captain that we were delayed because of the day befores flight had a mechanical fault! thoughts please ?

NoviceAngel

Ok so you found the right thread, now click on the red text in my signature, the bit at the bottom of my posts that says Vaubans guide, read it and you will find that delays to a previous flight are not regarded as an Extraordinary Circumstance, you might like to check out a decent No Win No Fee Solicitior to help you, there's one that gets mentioned on here a lot, they're the same solicitiors that helped Mr Huzar with his Supreme Court case, search the forum for the words Bott & Co and you might find a few relevant posts.

Cheers,

NoviceAngel

Neil_and_claire

I have just had a read of it thanks! Thompson replied to say the reason for our delay was bird strike. I know that is in the extraordinary circumstances but when we finally boarded our flight the pilot actually told us the reason for the delay was the Dreamliner the day before had mechanical failure and it had a knock on affect to the aircraft. I believe Thompson are saying bird strike so they don't have to pay out!

NoviceAngel

Opinion is divided on whether a bird strike is an EC, Bott say it is, others on here disagree, you will only find the true reason for the delay in the airlines defence which you will not receive until you commence Court Proceedings, I recall reading that all bird strikes have to be recorded by the airlines to the authorities, search the forum for bird strikes and you should find the relevant information.

Good luck

NoviceAngel

EDIT and if the alleged bird strike happened to a previous flight then that's a knock on and knock ons are not an EC