Flight delay and cancellation compensation, Tui/Thomson ONLY

Caz3121

try reading the Thomson thread and post on there

JPears

They have, eventually. But could have saved themselves and their customer time and money and hassle by paying out in the first place without this stupid game of brinkmanship.

66carolinej

TOM857 4.3.16 scheduled departure from Sal to Manchester
Actual departure 22:30 on 5.3.16, arriving into Manchester at 03:15 on 6.3.16. 27 hour delay.

I submitted a claim to Thomson using Resolver on 6.3.16. Claim rejected 22.4.16, exceptional circumstances, due to adverse weather and also deicing equipment issues. There was a lot of disruption at Manchester on 4.3.16. However another Thomson flight scheduled to depart after the TOM856 to Sal did depart later in the day, as did other flights.

Difference of opinion from the NWNF sites and Botts say no but having read Vauban's guide and other useful info, I believe We may have a case against Thomson as our flight was delayed due to knock on effect. Preamble 14 of 261 and Finnair seem to support this. I also note a link provided by Vauban following a decision made District Judge Jenkinson in Livepool against Ryanair holding that bad weather can not be relied upon as a defence unless the bad weather directly affected the actual flight passengers were on.

Replied to Thomson detailing our reasons for believing we are due compensation. Waiting for response from Thomson and then Resolver suggest letter to CEDR if Thomson still reject claim (due in 14 days).

We were flight only customers who had to chase the rep for any official updates.

I would be so grateful for any comments/advice.

Caroline

legal_magpie

There's little point in continuing corresponding with Thomson. They will string you along for as long as you allow them.

66carolinej

Thank you legal magpie.
I guess I just wanted reassurance that we had a reasonable chance of being successful and the thought of court seems quite scary.

gillyflower44

can anyone advise I have tried to claim for over 5 hour delay from Thomson but had no joy just keep getting this response. should I escalate claim or is what they are telling me correct not sure if they are pulling a fast one.
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 and our delay handling logs show that the flight TOM7319 was delayed as a result of Rhodes airport being closed on the previous day due to the runway being damage. As a result of this the aircraft operating your flight had to divert to another airport. This caused many disruptions within our flying programme on this day.
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:
15. Closure of either the airport of arrival or the airport of departure for non-security
and non-meteorological reasons.
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.

Caz3121

start here https://forums.moneysavingexpert.com/discussion/5173888
then you can post further questions on the Thomson thread

Vauban

gillyflower44 wrote: »

can anyone advise I have tried to claim for over 5 hour delay from Thomson but had no joy just keep getting this response. should I escalate claim or is what they are telling me correct not sure if they are pulling a fast one.
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 and our delay handling logs show that the flight TOM7319 was delayed as a result of Rhodes airport being closed on the previous day due to the runway being damage. As a result of this the aircraft operating your flight had to divert to another airport. This caused many disruptions within our flying programme on this day.
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:
15. Closure of either the airport of arrival or the airport of departure for non-security
and non-meteorological reasons.
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.

If you have a read of my guide - google it if you can't find it here - and then ask any questions on the Thomson thread, I'm sure people will help.

Hester2006

I was due to land at Funchal airport Madeira on 02/05/16 at 10:35 but due to high winds the plane was not able to land. We were diverted to Tenerife and sat on the plane for an additional 5 hours. We were then told that although planes had landed at Funchal we were not going to make that journey due to staff rosters and available accommodation on Madeira. We were then flown to Gran Canaria and put in accommodation overnight. Delays the next day (due to Thomson needing to fly out extra crew) meant that we did not land at Funchal until 15.30 on 03/05/16. I know Thomson will quote the weather and extraordinary circumstances as being the reason for the delay. Do I have any scope for claiming based on the fact that the weather delay should only have been a short delay not the mammoth delay we faced?

legal_magpie

Funchal is a notoriously difficult airport (there are some videos of landings) and had you been diverted and then waited for the weather to improve there would have been no claim. But matters such as rosters etc are operational matters and I would pursue a claim