Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Maxie21 > https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

Dougie34

Just a follow up to my advice received a few weeks ago.


I have been chasing Thomson with regards to a delayed flight in July 2009. I submitted a claim approximately 8 months and I've had the usual standard response and knock back to my original claim. Following further correspondence I've now been told it's under review.


I suspect that this is due to limitation and is a delay tactic on behalf of Thomson.


In a nutshell we were delayed for over six hours due to a valve breaking on the air conditioning unit. The pilot advised us that he had to cancel the flight as the planes control panel "lit up like a xmas tree!" We were on the runway at the time and the issue occurred during take off. Being a long haul flight (to Punta Cana) the pilot had no option but to cancel the flight.


Overall I suspect that this is a technical issue so feel that we have a good cause for compensation.


Now the point in question - I contacted Bott and Co with regards to them taking on the them. They have refused due to the fact that we are so close to limitation. I advised them that we had been communicating with them and had issued a NBA but they were still not interested.


Overall I am looking to issue Court Proceedings myself as the claim is worth about £2k and we don't really want to see this lapse.


I'm looking for a bit reassurance before we proceed down this route.


Finally I assume that Thomson's address for service is their Luton address?


Thanks in advance.

legal_magpie

Dougie, if your flight was July 2009 you are getting close to limitation. It's time to stop waffling and get cracking and issue proceedings otherwise you will be out of time. You can carry on asking question after question but you will eventually talk yourself out of time. So either get on with it or forget it and give up now.
Sorry if this seems blunt but it's time for action.

Vauban

Read my guide, Dougie: doing the court thing takes some effort, but it is entirely within the ability of most people, if you do the spadework. For £2k I know what I would do!

BoltsK

Just about to send Thomson an NBA, but not sure whether to use Bott & co. or try it for ourselves...

We were delayed 25 hours in Cape Verde due to damage to the front nose wheel tyre (flight TOM217 14/9/2009) the delay was extended due to Thomson sending a plane from the UK with the part and engineer to fix, however this was without the foresight that there was not enough fuel on the island to refill both planes to return, and the next fuel delivery was not for a few days. There were no available rooms at the hotel (as all filled by the incoming flight) and no other open hotels on the island. We were some of the lucky ones(?!) as we did get placed in an unfinished hotel (better than some of the other options!!). The pilot decided to fly back with the luggage in the smaller plane unauthorised, and requested a fast track flight path to get the plane back to Manchester, which he managed without refuelling due to good weather conditions. He alone was responsible for the delay not continuing any longer.

Thomson are claiming that this was an extraordinary circumstance, but I think that a damaged tyre is quite obviously a wear and tear issue and not due to a 'hidden manufacturing defect'.

Not sure which cases we would use to support our argument if we were to take this to court ourselves, and would prefer 100% over 70%! Bott and co. have agreed to take it on after looking up our flight details, but we have not yet confirmed... any ideas?

JPears

You are correct. Also the lack of fuel is their concern/mismanagement too.
Read Vauban's excellent guide. All the info you require, including relevant case law is there.

Scruffywuffy

Hi, I've drafted my LBA but have a few questions before sending ! Our flight was delayed for 9 hours, for 3 separate reasons. Thomsons have given a reason for the first delay - which was damage to the plane due to bird strike on a previous rotation, but have not replied to my letter of 19 February asking for particulars of the 2nd and 3rd delay - which they listed on documentation given to us while we were away as a technical fault on the replacement plane and crew being out of hours by the time the 3rd plane arrived (or the 2nd one was fixed - not sure what happened).


My questions are:


Does it matter how long each separate delay was - eg - surely crew being out of hours is an operational fault rather than technical/extraordinary circumstances so could they say ah, but the crew were only out of hours 2 hours before the flight took off so no compensation due ?


Also, does it matter that they have already said in their letter to me about bird strike that it was caused on a previous rotation - so not my flight, and that the CAA report I obtained under a FOI request said that the engineers said the damage could have been caused 3-4 days before my flight was delayed - so Thomsons didn't do everything they could have to avoid my delay as the damage was missed until the captain of our flight did his final walk round.



Finally the address on their letter is the TUI Group in Sussex - I've addressed by LBA to that is this correct ?

Thanks.

poppet16_2

hello i wrote to thomson saying the following based on the guidlines on here,

Departure Date: 21/11/2012

Destination: cape verde

Accommodation:

Customer Contact Reason: Flight Delay Claim

Customer Comment:
Our Holiday was to the resort MELIA TORTUGA BEACH i spent 3 days in my room with a tummy bug my husband was advised to go in a taxi to the nearest town chemist for some medication for me.
I couldn't wait to get home only our flight was delayed by 11 hours 10 minutes.Under the EU rule 261/2004 i have the right to be compensated and would like a case to be opened i look forward to a satisfactory response within 14 DAYS or i will be pursuing this further which may result in a court case.Mr Mrs Brooks


it has now been about 30 days and i havent heard anything any advice on my next steps would be brilliant please

Vauban

Poppet: read my guide - it's all in there.

Maxie21

111KAB thanks for the link with the light bedtime reading!!