Flight delay and cancellation compensation, Tui/Thomson ONLY

AngieM2

Thanks Novice, will read it when I get home.

Mrs_Optimist

I too have finally had a response from Thomson today, dismissing my claim and citing "extraordinary circumstances".


They claim there was Air Traffic Control Restriction at Exeter airport (how can I check this - there wasn't any to my knowledge)


and


Our flight also experienced delay due to poor weather restrictions at the destination on our aircrafts previous route, as passengers encountered delays in arriving to the airport as a result of the poor conditions.


Now we were told that our flight was delayed by 4 hours as passengers could not get to Geneva airport because of heavy snowfall which did not prevent aircraft taking off and landing, just that the planes were pretty empty because passengers could not get to the airport! This is clearly operational reasons, not extraordinary circumstances.


We were waiting at Tenerife Airport.


I am going to send a NBA letter and sue but would like to know if it is possible to check Air Traffic Control restrictions that they are citing - how can I do that please?

NoviceAngel

Mrs_Optimist wrote: »

I too have finally had a response from Thomson today, dismissing my claim and citing "extraordinary circumstances".


They claim there was Air Traffic Control Restriction at Exeter airport (how can I check this - there wasn't any to my knowledge)

What was the flight number and date of the flight?

Mrs_Optimist

TOM6639 returning on 27/12/14 but actually didn't land until 28/12/14 at Exeter Airport (from Tenerife South)

NoviceAngel

Mrs_Optimist wrote: »

TOM6639 returning on 27/12/14 but actually didn't land until 28/12/14 at Exeter Airport (from Tenerife South)

I've just run the details through two popular NWNF Solicitors, both indicate you are due compensation.

Read Vaubans guide and either go NWNF or issue an NBA and DIY.

Good luck

NoviceAngel

Mrs_Optimist

Thanks - as I suspected really but I would like to be able to check and pull them up on, their assertion that there were air traffic control restrictions at Exeter, as I suspect they are fibbing!


Have no problem DIY Court proceedings but there were 8 of us in our party in total- does that mean 8 separate Court proceedings (& fees) per person? Or can I do it under 1 Court form? I have the confirmation details of the names of the passengers as kept our booking details.


I am really hacked off that Thomson have been so dismissive, although not surprised to be honest.

AngieM2

Have now read Mark2sparks guide Novice. I'm going to write back to Thomson and tell them to rethink as the weather did not affect our flight but a previous one and they need to compensate us. Fingers crossed!

Mark2spark

AngieM2 wrote: »

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?

I don't know why Angie, - without back reading every post you've made - but I seem to have it in my brain that it was an extensive (9 hours?) delay anyway?
In which case the weather or any sus tech issue wouldn't pass the 2nd test of all reasonable measures.
But as you're now saying that the plane arrived in Sofia and then un-boarded/re-boarded, and took off, with no obvious fixing of replacement part being made, then it sounds like a straightforward operational reason for your delay.
Which basically means that whilst the plane earmarked for your sector might well have needed a new part, it was an airline operational decision to stick with that plane, and wear the delay, rather than grab another plane from their fleet and send it to pick you up.
I obviously understand that to do that, would mess the airlines planned daily itinerary up, but that's not your concern, the law has been around for 10 years now and it's up to the airlines to have a Plan B that is up to the level of intolerable sacrifice to get them off the hook.

Just as an aside, on this vein, if it were me, I would argue in court that the airlines by now, after 10 years of this Regulation, ought to have come to a cartel type of agreement with each other, to have some spare planes knocking around Europe, to cover this type of eventuality.
I know that in real life that would be laughable, but as Novice Angel knows from sitting in Court, Barristers will literally say *anything* in order to confuse the Judge/Court to get their client a result.

sallysaver

Tyzap wrote: »

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.

Thank you for your comments.
As previously mentioned, I won't be able to see the letter until tomorrow when the visit.
It was a long day with lots of things happening.
Briefly, Boarding took place as if everything was normal. Plane taxied down the runway and returned to base. They were locked inside for 1 1/2 hours. Some passengers were starting to loose their cool. Evenutally they were dis-embarked and taken to a hotel and given a voucher. Collected late evening and arrived in Newcastle some 9 and a bit hours later. Reason
broken part, no parts available in Spain, part and engineer flown from UK to fix. I think the letter says something about manufacturing fault but will know more tomorrow. By the way, I have read Vauben's guide and do think they have a valid claim.
Does anyone know what Bott & Co's charges are please should they eventually get Thomson's to pay up please.

Mark2spark

Mrs_Optimist wrote: »

Have no problem DIY Court proceedings but there were 8 of us in our party in total- does that mean 8 separate Court proceedings (& fees) per person? Or can I do it under 1 Court form? I have the confirmation details of the names of the passengers as kept our booking details.


I am really hacked off that Thomson have been so dismissive, although not surprised to be honest.

I'm not an expert on the form filling side of things Mrs O (love to be able to call you that ) (Sharon Osborns nickname on X factor lol) but I'm pretty sure Vaubans guide covers it... IMO you just do it under the one court form, N1, but you need permission to act letters from the other parties cited.