Flight delay and cancellation compensation, Tui/Thomson ONLY

maghater

Lorrainefm wrote: »

I complained to thomson for delayed flight to cancun in december 2007. I have just received an email response stating that 'claims to do with international carriage by air must be brought within 2 years'. Is this correct? I was under the impression that i had 6 years to claim.

read #725, most people agree with you. I would make sure your claim is logged with them, and then wait until there cause is tested in law

Miss_Ratty

Grrrr. Just had a response to our claim, where flight from Birmingham to Cancun was delayed by nine hours due to turnaround on previous flight, then delayed flight diverted to Manchester due to technical problems. Total delay of 26 hours, they state that the technical problem was a hydraulic failure which is covered by exceptional circumstances, and therefore they don't have to compensate. Feel like screaming as we've been fighting this since the flight in April 2011! Anyone know if they are bull-pooing? Any advice or calming advice as to what next? So frustrating!

Mark2spark

Don't play letter writing games.
Write once and commence your claim.
Write again after 14 days, giving them 14 days notice that they pay up or you'll start court.
On the 15th day start a court claim.
Then wait for a court acknowledgement from them, where they *have* to state their defence.
To-ing and fro-ing since April 2011 is nonsensical.
(Miss ratty can delete the first letter detailed above)

Prof_Ligate

Miss_Ratty wrote: »

Grrrr. Just had a response to our claim, where flight from Birmingham to Cancun was delayed by nine hours due to turnaround on previous flight, then delayed flight diverted to Manchester due to technical problems. Total delay of 26 hours, they state that the technical problem was a hydraulic failure which is covered by exceptional circumstances, and therefore they don't have to compensate. Feel like screaming as we've been fighting this since the flight in April 2011! Anyone know if they are bull-pooing? Any advice or calming advice as to what next? So frustrating!

Yes if you don't issue your claim asap, you will then have Thomson start banging on about you being outside their made up 2 year time limit if your flight was in April 2011.

Poppie68

This is the reply i today recieved from Thomsons following the 'Before action letter'. I was originally refused under the '2 year rule'
Oh well im sure a court case will be interesting!


Dear Mrs 'Unhappy'

Thank you for your further contact following your claim for compensation for the flight delay you experienced.

I'd like to advise you that when the ruling was passed, it was initially understood that customers could claim for anything up to 6 years from the date of their delay as per UK law. However, the ECJ has confirmed that, as the Regulation doesn't say how long customers have to bring their claims forward, we now need to look at our national law.

The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within 2 years. We, therefore, can't consider claims for flights that were delayed more than 2 years ago from the scheduled date the customer was due to return home.

As your claim wasnt brought to us within 2 years of your return, we're unable to proceed with your claim.

I appreciate you remain unhappy with the outcome provided however the decision made is in line with UK Law and therefore the outcome will remain the same. Should you wish to pursue this via a third party, this would be at your discretion to do so as we're unable to assist you any further with your claim.

Thank you once again for contacting us.

Yours sincerely,

Sophie Andrews
Customer Support Advisor
After Travel Customer Support
08448710882


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romanby1

Re post 731.
We have issued proceedings and Thomsons are quoting Montreal to us.
We wrote Feb. 2011 claiming on 261/2004. We have a rejection letter from them stating they would keep our claim letter on file until the outcome of the ruling in October last year. Since then we have written numerous times and received no reply to any of our correspondence including the formal letter stating we would issue proceedings if they did not respond.
I am no expert but think the mention of Montreal in their correspondence is a smoke screen to put claimants off as long as possible.
They are correct in their claim re general international travel, but a claim that is made under 261/2004 and the ruling given last October have a 6 year time limit.

Poppie68

romanby1 wrote: »

Re post 731.
We have issued proceedings and Thomsons are quoting Montreal to us.
We wrote Feb. 2011 claiming on 261/2004. We have a rejection letter from them stating they would keep our claim letter on file until the outcome of the ruling in October last year. Since then we have written numerous times and received no reply to any of our correspondence including the formal letter stating we would issue proceedings if they did not respond.
I am no expert but think the mention of Montreal in their correspondence is a smoke screen to put claimants off as long as possible.
They are correct in their claim re general international travel, but a claim that is made under 261/2004 and the ruling given last October have a 6 year time limit.

Thankyou for your reply. I have just forwarded it onto the CAA as they are looking into my original claim refusal. I am not letting the issue go and will take it all the way to court if needed.

coupsta

My claim was for a 13 hour delay in Oct 2006 as was made as soon as mse published how to claim.

Response received from Thomson contains the following

In a limited number of circumstances reg 261/2004 of EU now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

The euro court of justice has confirmed that as the regulation doesn't say how long passengers have to bring their claims,we need to look at national law. The supreme court in the UK has said that all claims to do with international carriage by air need to brought within two years. We therefore cannot consider claims for flights delayed more than two years ago.

Keeping an eye on the purpose and spirit of the regulation and doing that while continuing to deliver real value for customers is a challenge that can only be met by applying the law robustly and not making payments where there is no entitlement. If we didnt apply the rules in this way prices would need to rise for you and all other customers.


Not happy what to do next folks? Any advice?

coupsta

thanks centi, i thought it was 6 years from time of ruling?

Mandymoo51

Havn't got a clue where to start but apart from being delayed by 3 hours on the way out to Mexico in March, we were 32hours+ delayed on the return journey. No information was given by Thomson's until people started to get agitated in Cancun airport and finally an air hostess arrived to give us some information. Thankfully we arrived back safe and sound and were compensated with free drinks on the plane and meal vouchers in the airport. We received an official letter stating the delay times etc. Can I claim any compensation for this delay even though we were taken back to the hotel at one point for a night and then returned to the airport for another delay the following day?