Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Actual departure time has no bearing in respect of 261/2004. Delay is calculated when the first aircraft door is opened and delay is the comparison of this arrival time with the scheduled arrival time.

glentoran99

111KAB wrote: »

Actual departure time has no bearing in respect of 261/2004. Delay is calculated when the first aircraft door is opened and delay is the comparison of this arrival time with the scheduled departure time.

presumably you mean arrival time here

vettecarl

Hi all,


Can anyone advise me as to the next course of action with Thomson?


I, and my family were delayed by more than 4 hours on both the inbound and outbound flights to Orlando last summer.
After initial rejection (and ignorance) from Thomson, I went to the CAA. They agreed with Thomson that the outbound flight was classed as 'extraordinary circumstances' but they found that I should be entitled to compensation for the inbound flight.


I have just spoke to Thomson regarding the CAA decision, but they are standing firm and refusing to budge.


What do I do now?
Should I just go straight to the small claims court? an LBA letter?


What's the best thing to do?

glentoran99

vettecarl wrote: »

Hi all,


Can anyone advise me as to the next course of action with Thomson?


I, and my family were delayed by more than 4 hours on both the inbound and outbound flights to Orlando last summer.
After initial rejection (and ignorance) from Thomson, I went to the CAA. They agreed with Thomson that the outbound flight was classed as 'extraordinary circumstances' but they found that I should be entitled to compensation for the inbound flight.


I have just spoke to Thomson regarding the CAA decision, but they are standing firm and refusing to budge.


What do I do now?
Should I just go straight to the small claims court? an LBA letter?


What's the best thing to do?

LBA then Court either yourself or through a NWNF

what was the reason for the delay that they are saying was an extraordinary circumstance?

ignore the CAA waste of space

vettecarl

The outbound flight had problems with the check in.
The exact wording from the CAA response was...


"After considering all the information provided to us from the airline, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from this information that there was a type of systems failure at the airport which means that, under these specific circumstances, the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the ‘extraordinary circumstances exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case."


The inbound flight was a knock on delay from an earlier flight a couple of days before ours. (This was what we were told at the airport)
Bearing in mind that we got a text from Thomson around 9am on the day we flew saying there was a delay (we weren't supposed to fly till 6:00pm)
The CAA response was this..


"It appears from the information provided that Thomson Airways cannot rely on the “extraordinary circumstances” exception from the Regulation to refuse to pay compensation. It is our considered view that the airline have not taken appropriate measures to avoid and or minimise the disruption. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation".


When I spoke to Thomson just now she said it was a delay caused from the preceeding flight and that there was a problem with the baggage when we landed at Manchester?? What that has to do with the delay to taking off I will never know.


Is it worth doing an LBA?
Do Thomson only cough up when the threat of court is real?


Thanks

111KAB

Check outbound failure was not only on Thomson desks ... they are responsible for check in.


Inbound sounds like classic fob off from Thomson.


Separate claims (if you decide outgoing is Thomson problem) so LBA on both if you decide to DIY. If you use NWNF pass over to them. Do not use LBA as a threat .... mean it if you send .... you may have to go to court if Thomson smell you are slightly worried about doing so.

vettecarl

How would I check if the failure was only on Thomson desks?
From what I recall it was only the Thomson flights. One to Cancun and ours to Orlando.


The rest of the airport seemed to be moving very smoothly.
I will send the LBA off this week. And nope, I t is not just a threat. I am more than willing to go through with this.

Vauban

vettecarl wrote: »

How would I check if the failure was only on Thomson desks?
From what I recall it was only the Thomson flights. One to Cancun and ours to Orlando.


The rest of the airport seemed to be moving very smoothly.
I will send the LBA off this week. And nope, I t is not just a threat. I am more than willing to go through with this.

Check flightstats to see if other planes were leaving on time?

razorsedge

Nicktee55 wrote: »

Thomson now allege in their defence that the delay was caused by a bird strike, which they cite as "exceptional circumstances - looking on here it would appear that it's not, being a fairly common occurrence.

You are correct. Birdstrikes are not EC's.

PS Was it your flight that had a birdstrike?;)

glentoran99

razorsedge wrote: »

You are correct. Birdstrikes are not EC's.

PS Was it your flight that had a birdstrike?;)

has this been tested

because it seems this NWNF wouldnt take it on

http://www.flight-delayed.co.uk/extraordinary-circumstances/

bird strikes are usually considered to be an extraordinary circumstance, both
mid-flight or at the airport before takeoff

neither the Experts bott and co

http://www.bottonline.co.uk/guides/how-to-claim-compensation-for-flight-delays

Scenarios Classed As Extraordinary Circumstances (Can’t Claim)

• Acts of terrorism or sabotage
• Industrial action (strikes unrelated to airline such as baggage handlers, or
  air traffic control)
• Political or civil unrest
• Security risks
• Extreme weather conditions
• Hidden manufacturing defects
• Bird strikes

https://www.wbs-law.de/eng/travel-law-eng/delayed-flight-after-bird-strike-no-right-to-compensation-46464/

It ruled that a bird strike is an extraordinary circumstance under article 5(3) EU Regulation (EC) No 261/2004, which regulates
passengers’ claims for compensation where flights are delayed or cancelled.

http://www.iftta.org/news/german-supreme-court-bird-strike-constitutes-extraordinary-cicumstances

In judgements issued yesterday in two parallel cases, the German Supreme
Court (BGH) has held that a bird strike constitutes extraordinary
circumstances

http://www.flightdelays.co.uk/blog/2015/1270/making-a-bird-strike-flight-delay-claim

in the Liverpool County Court in Taylor -v- Ryanair, Distruct Judge Jenkinson
ruled that delays caused by bird strike to the plane on its incoming flight
which delayed its turnaround were extraordinary circumstances because 'the bird
strike was unavoidable'. The judge did not think it mattered that the bird
strike occurred on the flight previous to the claimant's flight.