Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

phillydog wrote: »

Am reluctant to pass to specialist claims company and part with some of the compensation as this seems an open and shut case. Has anyone had similar experience with Thomson or other airlines?

If you think it's open and shut, then you should simply get on with it and sue them using Vauban's excellent guide. Having said that, very many years ago I learnt the hard way that one should never tell clients that their case is open and shut.

RaceRedRog

111KAB wrote: »

Firstly just check your arrival time was over 3 hours delayed - departure time delay has no bearing on 261/2004.

Yes, arrival in Tenerife was in excess of 3 hours

podoman

Received the below from Thomson, I reckon it's a proforma brush off.

Thank you for taking the time to contact us regarding your flight delay claim.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM196 Manchester to Cancunr and our delay handling logs show that the flight was delayed due to a rtechnical fault being detected prior to departure. The aircraft is unable to be legally dispatched with this defect.

So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

18. Discovery of a hidden manufacturing defect by the air carrier (this is
often noted by unusual failure of the same aircraft part).

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

Thank you again for taking the time to contact us

What's the best way to proceed now, the plane arrived late into Manchester due to this fault with a resulting knock on resulting in me arriving 4+ hours late in Cancun.
When I arrived at Manchester at 6.30 in the morning to check in they were already aware of this fault as they immediately offered us vouchers for refreshments. As there were several other Thomson planes lying around the airport they could have used a replacement plane.

thanks for any advice

Mark2spark

podoman wrote: »

Received the below from Thomson, I reckon it's a proforma brush off.

...the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances.

18. Discovery of a hidden manufacturing defect by the air carrier (this is
often noted by unusual failure of the same aircraft part).

This is such a scandalous play on words.
1) There hasn't been a 'recent' EU publication of guidelines. A total lie.
2) The guidelines that were published well over a year ago have been laughed out of court as being untrue, and just an airline 'wishlist', of what they would like to get away with.
3)It's not up to the air carrier to establish hidden manufacturing defects, as they are not manufacturers of aircraft parts.
4) The Regulation referral to manufacturing defects is far more complex, it's basically saying that if Airbus or Boeing were to recall ALL planes of a certain type for a new humdingy constridle as there might be a fault of the original ones, then THAT'S a third party EC right enough. But not an alternator only lasted 8,000 hours and it should last 10,000 hours.

Best way to proceed? Write and say 'thank you for confirming that you have no legitimate reason to pay. I now give you 14 days notice that I will commence legal action, and claim full interest, if you do not reconsider.'
And then do it.
The other two options are to either walk away or to hand it over to NWNF such as Botts.

Debs45

So after over 2 years of playing bat and ball game .... Thomson have finally paid out! Not as much as expected but I'm elated to finally put closure to this!

Thank you to all who offered their valued advice, without this thread I most probably would have given up fighting my claim :T

Good luck to those still battling ... don't give up!

Once again 'thank you' x

Jules7569

Applied to Thomson for a refund on a 7 hour delayed flight from Cancun to Gatwick on 30 Nov 2014. Sent my template letter on 10 March and received a cheque for the maximum 600 euros per person today £873!! Nice start to a Saturday morning :T:T:T

chelsea_tractor

podoman wrote: »

Received the below from Thomson, I reckon it's a proforma brush off.

Thank you for taking the time to contact us regarding your flight delay claim.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM196 Manchester to Cancunr and our delay handling logs show that the flight was delayed due to a rtechnical fault being detected prior to departure. The aircraft is unable to be legally dispatched with this defect.

So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

18. Discovery of a hidden manufacturing defect by the air carrier (this is
often noted by unusual failure of the same aircraft part).

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

Thank you again for taking the time to contact us

What's the best way to proceed now, the plane arrived late into Manchester due to this fault with a resulting knock on resulting in me arriving 4+ hours late in Cancun.
When I arrived at Manchester at 6.30 in the morning to check in they were already aware of this fault as they immediately offered us vouchers for refreshments. As there were several other Thomson planes lying around the airport they could have used a replacement plane.

thanks for any advice

Ive received exactly the same letter yesterday regarding a flight to Dom Republic in Feb which had a delay of 9.5 hrs due to not being able to get certificate to fly for the part fitted and in the end getting another plane.....does anyone think that I would be able to take this further and what is the best course of action

legal_magpie

Take no notice of this. They are Using "hidden manufacturing defect" as a way to get around Huzar. Just sue them

111KAB

chelsea_tractor wrote: »

.....does anyone think that I would be able to take this further and what is the best course of action

1) Yes
2) Vaubans guide
3) Enjoy your compensation.

chelsea_tractor

111KAB wrote: »

1) Yes
2) Vaubans guide
3) Enjoy your compensation.

Can I ask what is Vaubans Guide?