Flight delay and cancellation compensation, Tui/Thomson ONLY

DIYBaldyman

David_e wrote: »

My understanding also.





Copied from a replay by DIYBaldyman:

"Download & read Vauban's guide;

https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

In particular point 4.6 - knock-on delays & meterological issues & also follow the link to previous court judgements (again, in particular the 2nd ruling of the Finnair judgement.)"

Beat me to it David!!!

JPears

You are correct. Generally "meteorlogical conditons affecting the flight concerned" are EC, knock on aren't. Your flight wasn't directly affected. Vauban's guide will give you the legal cases connected with this. Its also part of the reg 261/2004

Jenno79

Many thanks for that.

I had printed off the Finnair judgement to look through but just wanted to check if that case would apply in this instance where Thomson are blaming the weather and Finnair relates to a strike at the airport.

The airport was open at my scheduled departure time as other flights were taking off as I say I wasn't aware the airport had been closed until Thomson mentioned it in their response to me. I have looked on Flight Stats for my own peace of mind and there are a lot of delays for Manchester Airport around the time I was due to take off but there are also flights that took off on time.

I'll take a look at Vaubans Guide and the judgements etc and pen a reply.

One other thing is we were told at the airport the flight crew had gone past their hours and Thomson had to source a new crew which also delayed flight, I have however no evidence of this but just what we were told/heard other members of the flight saying. I think I'll stick to the facts that I can possibly prove and hopefully Thomson will see sense.

I'll keep you posted.

DIYBaldyman

Jenno79 wrote: »

just wanted to check if that case would apply in this instance where Thomson are blaming the weather and Finnair relates to a strike at the airport.


One other thing is we were told at the airport the flight crew had gone past their hours and Thomson had to source a new crew which also delayed flight, I have however no evidence of this but just what we were told/heard other members of the flight saying. I think I'll stick to the facts that I can possibly prove and hopefully Thomson will see sense.

Yes, the Finnair case was to do with a strike, but the ruling of the judgement refers only to "Extraordinary Circumstances" not being a valid reason to deny boarding / delay / or to not compensate passengers on later rescheduled flights.

You say you're going to stick to the facts - I'd argue that it is a fact that a Thomson employee told you that the crew had exceeded their hours so would also use that in any claim. Again, a Thomson operational decision not to bring in a new crew at the required time - completely within their control.


You will probably get a faster response by writing directly to Thomson's legal department - I've listed the address in a previous post, or you can find it by searching "Tui UK ltd law society"

David_e

DIYBaldyman wrote: »

Beat me to it David!!!

Usually happens to me!

arhemm

How long does it usually take Thomson to respond to an online claim please?
And, has anyone had any luck with Resolver for initial declines?

Tina_Morgan

I was affected by a flight delay in 2011 and submitted a claim to Thomson. They responded saying that they had rejected the claim as it was 'exceptional circumstances' which led to the delay. The delay was due to multiple accidents on roads leading to the airports which delayed passengers arriving at the airport. On the day of the flight, there were accidents however, I have argued with them that this wasn't the entire reason for the delay. The initial delay was due to traffic accidents, but then we were told that the flight was being held as there were passengers who were due to join a Thomson Cruise ship in Egypt and that was why they were still delaying departure. The flight was further delayed then as the flight crew ran out of flying hours and they couldn't get a replacement crew. On the day that we were delayed ours was the only flight that morning that did not take off within an our or so of departure time. All other flights departed as expected and only our flights was sitting on the ground for more than 5 hours. Thomson have now referred me to CEDR for resolution, however, they charge £25 if they do not find in your favour. I think that I will just put it in the hands of a no win no fee company and they can deal with them.

111KAB

Should have been posted here > https://forums.moneysavingexpert.com/discussion/4384699

David_e

arhemm wrote: »

How long does it usually take Thomson to respond to an online claim please?

I doubt very much that they set themselves any targets - certainly not demanding ones. You just need to make sure they aren't delaying beyond the date for taking legal action. Do what you think is reasonable and chase if you aren't getting a response

arhemm wrote: »

And, has anyone had any luck with Resolver for initial declines?

There's a "Feedback on Resolver" thread on the flight delay forum.

DollyHays

I have already tried to post this but don't know if it's in the right place so trying again for all fellow passengers.

Our flight had to return to Barbados a couple of hours into the flight as 4 out of 5 toilets were out of order due to a known problem that had affected one of the toilets before take-off which was supposed to have been fixed.

We were taken to a hotel for the remainder of the night (arriving at approx 2am) and eventually flew home late afternoon on 18/12/2011 so were delayed for almost 24 hrs.

We claimed for the delay when we heard about the compensation in September 2013 and were turned down by Thomson so we wrote to the CAA who said they'd referred the claim back to Thomson, who again turned us down.

In January this year we were told about Resolver on an MSE email so thought we'd try again, since criteria regarding "extraordinary circumstances" seems to have changed. We received our cheque for the full amount of the pounds sterling equivalent of 600 euros each last week. A big big thank you to Martin and the team.

So if anyone reading this was on the same flight - what are you waiting for??