Flight delay and cancellation compensation, Tui/Thomson ONLY

sallysaver

Thank you Razz. For some reason, the 'thanks' button is missing today.


PS. Its now back on.

sandramay

nobbey wrote: »

I have recently submitted a claim to Thomson. There were 3 passengers delayed from Larnaca airport. We were delayed for 4 hours and 13 minutes which takes us to the higher band of compensation at 600 euro per person. However, Thomson are claiming we were only delayed 3 hours 55 minutes which means we are only entitled to 300 euro per person as it's less than 4 hours. I have printed off confirmation of my flight delay being 4 hours 13 minutes from flight stats but they thomson claim it's only 3 hours 55 minutes. Where can I go from here? Is the flight delay information accurate from flight stats?

Remember the time delay is calculated on the time you arrive back at the airport, it seems they are disputing a difference of 18 mins, if you feel you are right then keep at that them but I would think they probably won't budge, personally I take what they are offering you.

111KAB

nobbey - ask for the ACARS for your flight ..... if they will not supply inform them that you will request the court to obtain. The time delay by the way is when the first set of doors are opened - when on the ground!

bigmama1

Tyzap wrote: »

Now now bigmama1,

After all the stress you have already been though it will not do you any good if you now find out that someone else from your flight has got compensation.

I know how frustrated you were but you really might have to put it behind you now.

Do you really want to know?

Thanks for your concern. I still read this forum and find it very interesting that Thomson seem to be paying out now without going to Court? You are right,we did have a terrible stressful time with the bad DJ who totally ignored our request for an oral hearing and then gave his decision in Thomson's favour even though we could refute their evidence. We still feel totally let down by the judicial system and know that we stood a good chance, in our opinion, of succeeding with our flight delay compensation. We are thinking of resubmitting a claim but next time will use a NWNF firm. I will post later how we get on.

bensonsmum

This is my wording that i sent off to Tui -

I am claiming compensation for myself, and my husband under Article 7 of EC 261/2004, which provides for €600 per passenger to be paid in the following circumstances.
These were that Thomson cancelled our flight TOM 78 from London Gatwick to Cancun Mexico on 30-05-2009, and informed us via the travel agent, three days before we were due to fly, and did not put us on another flight until 01-06-2009, flight TOM374 which flew out of Bristol International via Manchester into Cancun Mexico a delay into our destination of some 47 hours.
Despite writing to Thomson on three occasions since this event, most recently on 03-12-2014 with a final notice before action, they have declined to respond to my request for compensation.
I am also claiming £108 for the car parking for the two weeks we were away and the hotel which was for the night before our flight, that i had booked and paid for, that we were now unable to use as our departure airport and dates of departure had been changed.
I am also claiming interest on monies due @ 8% p.a. from the date of our original departure.

Today i received a letter back from them stating that i had accepted the other flight that was offered and also accepted £40 each compensation that was given to us to compensate us for the change of flight so basically I have no case. I was sure that because my original flight was cancelled so close to my departure that i was entitled to the compensation. Can anybody please advise me. TIA xx

Tyzap

bensonsmum wrote: »

Today i received a letter back from them stating that i had accepted the other flight that was offered and also accepted £40 each compensation that was given to us to compensate us for the change of flight so basically I have no case. I was sure that because my original flight was cancelled so close to my departure that i was entitled to the compensation. Can anybody please advise me. TIA xx

You have a legitimate claim, don't be put off, they're just trying it on in the hope you give up.

Fight on and good luck.

Vauban

bensonsmum: make sure, when you start legal action, that it's Thomson Airways you sue and not Tui or any of their other companies.

legal_magpie

Not so sure. Thomson Airways are the correct Defendant for a Claim under the Regulations but the regulations don't cover consequential loss claims such as the wasted parking. It sounds as if Benson's Mum and her family were on a package holiday. There may be a consequential loss claim against Thomson holidays as this was a major change to the holiday made at the last minute. It is worth taking some advice on the matter as a whole.

WinnyWoo

bigmama1 wrote: »

Can you give me your date of travel and flight number please? We also were delayed in 2010 and it would be interesting to see if your flight was the same as our flight. Our flight was delayed 24 hours and was technical also.

Our flight was Tenerife (TFS) to Norwich on 21/12/2010. There were many weather delays on that day, but ours was technical. They put us up in a hotel and fed us, but misinformation and unhelpfulness when we finally landed at Luton (instead of Norwich) around midnight, and were left at a closed Norwich airport at 3am, encouraged me to claim.

Thanks to MSE for the template letters and keeping us updated on the appeals. It's the one email I always look forward to reading.

Vauban

legal_magpie wrote: »

Not so sure. Thomson Airways are the correct Defendant for a Claim under the Regulations but the regulations don't cover consequential loss claims such as the wasted parking. It sounds as if Benson's Mum and her family were on a package holiday. There may be a consequential loss claim against Thomson holidays as this was a major change to the holiday made at the last minute. It is worth taking some advice on the matter as a whole.

Tricky one this, then. Consequential losses are not of course included in the 261/04 regime. But you can't sue Tui for 261/04 compensation, as only the operating airline is liable. Would you need to name both as defendants, to cover both elements I wonder?