Flight delay and cancellation compensation, Tui/Thomson ONLY

AngieM2

I've had a rejection letter from Thomson this morning. They are citing 'extraordinary circumstances - 10.Weather conditions incompatible with the safe operation of the flight'. They also say that 'our delay handling logs show the flight delay was due to adverse weather conditions causing the previously scheduled flight to divert. This then caused a knock on effect to your flight'


There are two issues here. 1) At the time we were told there was a technical problem with the aircraft and adverse weather was causing the part required to fix the plane to be delayed. So, have they lied to us in their reply today? 2) If its a knock on (regardless of it being extraordinary circumstances) are we allowed to claim?


Any advice appreciated. TIA

111KAB

Angie
1) Read Vauban's guide
2) Check flightstats to see if airport flights around time of yours were effected
3) Be aware a knock-on is Thomson's problem not yours in claim terms.

Mark2spark

What were the weather conditions Angie?

potts57

I have had a rejection letter this morning saying we were delayed due to Air Traffic Control Restrictions and this counts as extraordinary circumstances. It was flight TOM6739 Lanzarote to Exeter Sun 5th Dec 2010, although they say in their letter it was Tenerife to Exeter!

There was a 24hr wild cat strike on Fri 3rd Dec but all had returned to work by Sunday.
I started this battle in March2013 and was initially rejected because of the 2yr rule but sent it back in last October when the supreme court ruled. What can i do now? Any suggestions will be gratefully recieved.

111KAB

potts57 wrote: »

What can i do now? Any suggestions will be gratefully recieved.

Presume you have read Vauban's guide so if you are still convinced airline are in the wrong then court via DIY or NWNF.

potts57

I am thinking of going to Botts , if they can get me something it's better than nothing. I wish i could find out if anybody else on the flight has tried to claim

sallysaver

Oh goodness, they must have been working overtime this last couple of days as the dismissal letter has arrived as well for my sister-in-law.
Due to the fact, that there had been no acknowledgement, since posting the letter (signed for) on 5 January 2015, I rang Thomson's Monday (23/02) where I spoke to a very nice female called Emma. She proceeded to explain that they don't do acknowledgements but we were on day 28 of their 56 day cycle so approximately half way.
However, the letter states that due to 'extraordinary circumstances - 7, there is no compensation payable. There is obviously more written, but I won't be able to see the letter until tomorrow.
They were delayed over 9 hours as the broken down part had to be flown, along with an engineer to fix it, from the UK.
Incidentally, what is really funny, when they boarded for the second time, the pilot said, they had taken the aircraft for a trial run and everything was OK and the air hostess said to passengers in and around where my sister-in-law was seated, the aircraft had never moved!!!!! You couldn't make it up.

Tyzap

sallysaver wrote: »

Oh goodness, they must have been working overtime this last couple of days as the dismissal letter has arrived as well for my sister-in-law.
Due to the fact, that there had been no acknowledgement, since posting the letter (signed for) on 5 January 2015, I rang Thomson's Monday (23/02) where I spoke to a very nice female called Emma. She proceeded to explain that they don't do acknowledgements but we were on day 28 of their 56 day cycle so approximately half way.
However, the letter states that due to 'extraordinary circumstances - 7, there is no compensation payable. There is obviously more written, but I won't be able to see the letter until tomorrow.
They were delayed over 9 hours as the broken down part had to be flown, along with an engineer to fix it, from the UK.
Incidentally, what is really funny, when they boarded for the second time, the pilot said, they had taken the aircraft for a trial run and everything was OK and the air hostess said to passengers in and around where my sister-in-law was seated, the aircraft had never moved!!!!! You couldn't make it up.

To be fair the pilot could have meant an engine run up. No matter tho, it sounds like your sister-in-law has a valid case if the aircraft was already broken before they were due to depart. It sounds similar to my case with Jet2.

if you haven't read Vaubans superb guide you really should, you'll know what to do then.

There are very few cases where the airline can genuinely claim extraordinary circumstances and this doesn't sound like one of them.

As you're doing this for a third party I would consider putting it in the hands of a good NWNF solicitor for simplicity, although if you feel confident enough you could DIY.

Good luck.

AngieM2

Mark, it was February and we were in Bulgaria (had been skiing). The weather probably was bad in Europe but the key issue is that we were told the aircraft had a technical problem with a new part needed and the part was delayed due to bad weather, we were told the aircraft was stuck in France. When the aircraft eventually arrived in Sofia, it picked us up and left straight away. So I guess I'm trying to figure which point takes precedence from a legal standpoint....the weather or the knock on?

NoviceAngel

AngieM2 wrote: »

So I guess I'm trying to figure which point takes precedence from a legal standpoint....the weather or the knock on?

AngieM2,

Mark2spark has written extensively in a previous post about weather and knockons
http://forums.moneysavingexpert.com/showpost.php?p=59429463&postcount=580

I'm sure you'll find that interesting reading.

Cheers,

NoviceAngel