Flight delay and cancellation compensation, Tui/Thomson ONLY

geoff1057

Tyzap wrote: »

You have 6 years to start legal action against them so I reckon you may just have time depending on the date of your flight.

Read Vaubans superb guide and issue legal proceeding immediately.

Be quick and good luck.

Hi, info found shows that the flight was on 22nd April 2009, what is the best course of action to take asap, thanks

111KAB

Geoff - read Vauban's guide today and submit 7 day LBA letter today and commence court action (N1 or MCOL) by 7th April.

alisonm7772

sandramay wrote: »

It seems there are 3 of us who are claiming for this flight so let's update when ever we have any info. I still have not received my rejection letter only the verbal from Emma but that was nearly 2 weeks ago, but it is in the hands of a NWNF so hope we will all get a positive outcome on this.

Make that 4 now we were on Tom 113 punta Cana delay we've been notified no compo still awaiting the letter,I also know of another couple too.

stevew48

Hi all,


we are a party of 4 adults who were delayed for over 24 hrs on 1st May 2011 from Shaarm el Sheikh to UK. At the time we were advised that it was a technical fault that delayed the aircraft. However, when I submitted a claim following the success in the EU court against Thomson in November I wrote to Thomson submitting my claim.


About two weeks ago I received the reply below



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 TOM895 from Sharm el Sheikh to Manchester and our delay handling logs show that the flight was delayed in reaction to a medical incident on the previous sector of your flight.

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:

16. Passenger or crew member becomes seriously ill or dies on-board at
short notice before the flight.

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.

Yours sincerely,


Stephanie Elliott
Flight Delay Advisor
After Travel Customer Support


Is the above a valid reason or do we still have a claim ?


Regards


stevew

Scruffywuffy

Scruffywuffy wrote: »

Hi

Some great advice here. Can anyone tell me if I have a valid claim against Thomson?

On 10 December 2014 our flight to the Dominican Republic on a Dreamliner plane was delayed for 9 hours and 10 minutes. We were on the plane when we were told that the captain had spotted something on his final walk from the plane and all turfed off it.

We were told this was due to a technical fault and they were flying a plane down from Manchester. A few hours later we were told that this plane had also developed a technical fault and they were sourcing a third plane. We were then told the crew were now out of hours, they had had to find a different crew.

I wrote to Thomson who rejected my claim as from their delay handling logs the plane had suffered a bird strike on a previous rotation and that this was an extraordinary circumstance, quoting point 17 which says

"Bird-strikes to the aircraft during a flight which might cause damage which requires immediate compulsory checks and repair".

I have written back pointing out that the 2nd plane also suffered a technical fault and the flight was further delayed by the crew being out of hours but have yet to hear back. I have something in writing from Thomson saying

"The aircraft operating your flight suffered a technical fault prior to departure. We then arranged to operate on a different aircraft which also suffered a technical problem before the new departure time. The crew then exceeded their legally permitted working hours resulting in a new crew being sourced to operate your flight".

I am prepared to take them to court if necessary, but would appreciate advice as to whether I have a valid claim.

Thanks.

Hi I've not yet had a reply to my 2nd letter (although 56 days are not yet up) and was just wondering what people thought my chances of being entitled to compensation given the above are? Alternatively if Thomsons try to fob me off again, the chances of sucessfully suing them?

Thanks.

legal_magpie

Chances seem excellent, Scruffy. Read Vauban's guide. You don't have to wait for ever, nor are you obliged to give them 56 days.

emartin

I'm hoping someone here mught have info about Thomson flight ToM078 from Mombasa to Gatwick on 24th Jan 2009.
My case has been with Bott & Co for over a year and after the Dawson case I was advised I would definitely be paid out.
However I have now been advised that thomson are further appealing this case with the courts as they say the delay was due to bad weather.

This is not what we were advised at the time of delay, we were told there was a problem with incoming aircraft.
I have no previous letters or anything stating this so is there a way I can find out the definite reason for the delay.
I'm hoping to find someone that was on the same flight!!

111KAB

emartin - firstly I would check with Bott & Co that they have lodged a court claim following which ... you are 'paying' them so get them to update you etc. They are more likely than anyone else to know other people on the same flight.

NoviceAngel

stevew48 wrote: »

Is the above a valid reason or do we still have a claim ?


Regards


stevew

Hi Steve,

Well a medical emergency in flight is definitely an EC as long as this happened to YOUR flight and not a previous flight.

They quote from the NEB wishlist which has no relevance in law. You might want to read through Vaubans excellent guide, and either have a go or hand it over to a good NWNF Solicitor.

Cheers,

NoviceAngel

ktcoil

hi guys in september our flight coming home was 4 hours late due to there being a technical fault with the plane and then having to wait for a mechanic to come to the airport from the other side of the island, therefore we arived back to the airport 4 hours late, I used the teplate letter from this website and filled it in and sent it to thompson, they replyed just saying sorry and to just get intouch with my insurance company, is there correct do i need to now get intoch with them or is there someone else i can go to? thanks