Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

DrA_Harrogate wrote: »

Good luck (and do post on the Thomson's thread)

They did - to say they weren't going to take it any further.

DIYBaldyman

gillyflower44 wrote: »

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

I appreciate the time it takes to follow this up, but for what you could get out of it (morally as well as financially) I wouldn't give up yet.

Write directly to Thompson legal department with a LBA as detailed in Vauban's guide;

Tui UK Ltd
Wigmore House,
Wigmore Place,
Wigmore Lane,
Luton,
Bedfordshire,
LU2 9TN,
England

But also refer to the Finnair v Lassooy Judgement, 4 October 2012, in particular include the text of ruling 2 below;

“Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.”

This was a binding ruling, meaning it it is now taken as law.

Therefore any event that causes a delay (even if the event itself is classed as an ‘extraordinary circumstance’) which then causes later flights to be rescheduled, cannot give grounds for exempting the airline from it’s obligation under Article 4(3) of EU Regulation 261/2004 to compensate passengers of any subsequent rescheduled flights.

The longer the time-gap between the original event & your scheduled / actual departure time the better, but this was definitely a knock-on delay & you do have a case.

I used the above ruling in my claim with Thomas Cook, they claimed 'E.C.' for the delay on my flight - I found out it had happened 2 flights earlier. Within 2 weeks of me writing to T.C. Legal dept. stating the above ruling, they wrote back offering to settle.

Good luck whatever you decide to do.

smartly

Thomas Cook UK Ltd

Thought it was Thomson?

DIYBaldyman

smartly wrote: »

Thought it was Thomson?

Airline blindness!!

Thanks Smartly, my claim was T.C., sorry for any confusion, will edit now...

GBROMANJ

Thomson have suggested that I can appeal to the CEDR and independent dispute resolution provider. Has anyone used this route with success and are they truly independent. They are certified by the CAA

DIYBaldyman

GBROMANJ wrote: »

Thomson have suggested that I can appeal to the CEDR and independent dispute resolution provider. Has anyone used this route with success and are they truly independent. They are certified by the CAA

Had a scan through their website & they offer a number of services, not all of which will leave you with a 'binding' decision. Those services that will give you such a decision are not free. With their 'low-cost service' starting at £1000 (£500 per party) + VAT, it could end up costing you more than any compensation you're due.

It could also be just a time-wasting tactic by the airline to keep your focus occupied elsewhere for a few months.

Also don't lose sight of the fact that EU/261 is an article of law & that any compensation you are due under the rule is a statutory right & not a figure plucked out of thin air liable to negotiation.

From your earlier post you said the reason given for the delay was a complete check in system failure - can you clarify that - was this the aircraft system checks or the passenger check-in desks? Assuming it was a problem with the aircraft system checks, check Vauban's Guide, particularly points 4.4 & 4.5, then study the wording of the Wallentin-Hermann judgement rulings, particularly the 3rd ruling regarding 'all reasonable measures'.

If, after reading through, you still think you have a valid case, write a LBA to Thomson & refer to Wallentin-Hermann.

The airlines are renowned for stalling & rejecting claims when they are simply sent in as letters or emails. Only once LBA's or court proceedings are issued will they start to take it seriously.

Lillil

See my earlier post. We were referred to CEDR and Thomson caved immediately.

Hester2006

Check question - are there any timescales on how quickly an airline should reply? Thomson are saying it will take 105+ days to get a reply and have said on their Twitter page that there is no legal turnaround time that they have to comply with.

JPears

If you give them a sensible time frame, say 4 weeks from initial claim, then issue an NBA giving them 2 weeks notice before taking legal action, you have been entirely reasonable. And have set a legal timeframe.
Nearly 4 months is totally unacceptable for a response time, legal or not.

richart4

I recently instructed Bott Solicitors to claim for compensation on my behalf for a delayed flight to Cancun in 2011 the process has been very quick and within 7 weeks Thomson confirmed they will pay. Thanks for the recommendation for Bott Solicitors as I didn't have time to complete this myself due to other personal commitments.