Flight delay and cancellation compensation, Tui/Thomson ONLY

Hester2006

Thank you I didn't know if it would be a complete no-go as it started out as a genuine weather related issue.

If we had sat around for a bit and made the journey after a couple of hours when the first planes landed at Funchal I wouldn't have even thought to complain but the 29 hour delay was somewhat excessive. I suspect Thomson won't see it this way though and I will be in for a bit if a fight. Thanks for the advice. I will give it a go.

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.

gillyflower44

thanks for replies but i'm still now wiser if my claim is valid or not.

Vauban

The airline is obviously going to fight you on this. So this won't be a letter writing exercise, and you'll have to be prepared to take it all the way.

Whether you have a case depends largely on when the airport reopened. From what Thomson's say, it sounds like this was a knock on from an incident that happened at least a day before. Their failure to source an alternative plane is therefore arguably an operational issue within their control - not an extraordinary circumstance.

You could try one of the NWNF websites to see if they think you have a claim. But I don't think Thomson's will shift unless you start court action.

GBROMANJ

Hi
I have had my claim for compensation refused for a 4 hour flight delay. Thomson are stating that the plane was delayed due to a complete check in system failure which is covered under the Technical fault exceptional circumstances. Is this correct, has anyone else been successful with a similar claim for the same fault. Just want to check before I claim to the CEDR.

gillyflower44

thanks so much for your reply appreciate it
haven't got the energy to fight this to be fair as in ill health so think I will just let it go this time

JPears

GBROMANJ wrote: »

Hi
I have had my claim for compensation refused for a 4 hour flight delay. Thomson are stating that the plane was delayed due to a complete check in system failure which is covered under the Technical fault exceptional circumstances. Is this correct, has anyone else been successful with a similar claim for the same fault. Just want to check before I claim to the CEDR.

Proverbial bulls gonads - read Vauban's guide and claim away.

Justice13075

thanks so much for your reply appreciate it
haven't got the energy to fight this to be fair as in ill health so think I will just let it go this time

Before you give in do as Vauban suggests. Put you details into a flight checker like Bott & Co or just give them a ring and give them the circumstances. 70% of something is better than 100% of nothing.

GBROMANJ

Many Thanks, I will read the Guide later when at home.

DrA_Harrogate

Well let's get you started. Yours is apparently an example of a 'knock on delay', which is when 'your' aircraft is in the wrong place when it should be flying you somewhere. Generally speaking such delays are not 'allowed' as an 'extraordinary circumstance' so Thomson's advice is incorrect and you would seem to have a case. You can choose between a nwnf lawyer (there are many websites where you can enter your flight details e.g. Botts) or you can do it yourself. If the latter then download Vauban's guide, make a vat of coffee, and read it from end to end twice and you will know what to do. Good luck (and do post on the Thomson's thread)