Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

ann7313 wrote: »

CEDR directed Thomson to pay me 800 euros on 22.0.16 and gave them until 12.10.16 to comply with the decision but i have heard nothing from Thomson. I dont know what I have to do now to make them pay.

Hi,

Have you complied with the following? So long as you accepted the decision you can now inform CEDR that Thomson have failed to follow their direction to pay you within the 20 days limit.

CEDR should then chase them up.

4.6 Compliance with the Decision
4.6.1 If the adjudicator’s decision directs the airline to take an action in relation to the passenger, and the passenger accepts the decision, the airline must complete the necessary action(s) within 20 working days from the date on which CEDR notifies the airline of the passenger’s acceptance of the decision. The airline must provide evidence to CEDR that the necessary action(s) have been completed.

4.6.2 If the airline is for any reason unable to complete the necessary action(s) within the timescale at Rule 4.6.1 above, the airline must advise the passenger and CEDR why that is before the above timescale expires. At the same time, the airline must specify a substitute date by which the necessary action(s) will be completed.

4.6.3 If the passenger informs CEDR that the airline has not completed the required actions within the timescale set out at Rule 4.6.1 or any substitute timescale advised by the airline under Rule 4.6.2, CEDR will contact the airline to request compliance with the decision. In the event that the airline does not respond or fails to comply with the decision within 10 working days, the matter will be escalated to a senior member of staff at the airline.

4.6.4 In the event that the airline’s failure to respond and/or failure to comply persists, appropriate action can be taken by CEDR which may include suspension or termination of CEDR membership and automatic notification of such action communicated to the Civil Aviation Authority.

The full scheme rules are here..
.https://cedr.com/aviation/docslib/6-cedr-aviation-adjudication-scheme-rules-2nd-edition.pdf

Good luck.

ann7313

Yes i excepted the decision on 22.09.16. I will email CEDR and ask them to elevate it further.

Thank you for your help.

pelaca

Hi,

In case helpful, you should have a "request escalation" link/button on the top right corner of the CEDR screen, although I am not sure what happens when you press it.
I have won my CEDR dispute with Easyjet and they have another few days to pay. They did message via CEDR asking me to email them my bank details, so hopefully the payment will follow soon. If not, I intend to request escalation as mentioned above.

I hope this helps.

razorsedge

Tyzap wrote: »

Hi,

Have you complied with the following? So long as you accepted the decision you can now inform CEDR that Thomson have failed to follow their direction to pay you within the 20 days limit.

CEDR should then chase them up.

4.6 Compliance with the Decision
4.6.1 If the adjudicator’s decision directs the airline to take an action in relation to the passenger, and the passenger accepts the decision, the airline must complete the necessary action(s) within 20 working days from the date on which CEDR notifies the airline of the passenger’s acceptance of the decision. The airline must provide evidence to CEDR that the necessary action(s) have been completed.

4.6.2 If the airline is for any reason unable to complete the necessary action(s) within the timescale at Rule 4.6.1 above, the airline must advise the passenger and CEDR why that is before the above timescale expires. At the same time, the airline must specify a substitute date by which the necessary action(s) will be completed.

4.6.3 If the passenger informs CEDR that the airline has not completed the required actions within the timescale set out at Rule 4.6.1 or any substitute timescale advised by the airline under Rule 4.6.2, CEDR will contact the airline to request compliance with the decision. In the event that the airline does not respond or fails to comply with the decision within 10 working days, the matter will be escalated to a senior member of staff at the airline.

4.6.4 In the event that the airline’s failure to respond and/or failure to comply persists, appropriate action can be taken by CEDR which may include suspension or termination of CEDR membership and automatic notification of such action communicated to the Civil Aviation Authority.

The full scheme rules are here..
.https://cedr.com/aviation/docslib/6-cedr-aviation-adjudication-scheme-rules-2nd-edition.pdf

Good luck.

Sorry I don't have time now to read the full rules of the CEDR but I cannot see anything in the rules quoted above that will actually force the airline to pay out. (Although I accept that the wording of rule 4.6.4 does not list everything that the CEDR may do). The airline might decide that they are not bothered about membership of the CEDR, and as for reporting them to the CAA!!!!!?...... Since when have the airlines or the CAA cared?

Tyzap

razorsedge wrote: »

Sorry I don't have time now to read the full rules of the CEDR but I cannot see anything in the rules quoted above that will actually force the airline to pay out. (Although I accept that the wording of rule 4.6.4 does not list everything that the CEDR may do). The airline might decide that they are not bothered about membership of the CEDR, and as for reporting them to the CAA!!!!!?...... Since when have the airlines or the CAA cared?

There is more that CEDR can do, including reporting them to the CAA! but it does fall short of threatening legal action against the airline.
The following extract is interesting because it seems to go further than EU261/2004 in that other costs or expenses also seem to be claimable. Now that would be helpful!

5.3 If the adjudicator finds that the passenger’s claim succeeds in full or in part, he or she can direct the airline to:

5.3.1 Provide the passenger with an apology;
5.3.2 Provide the passenger with a product or service;
5.3.3 Take some practical action;
5.3.4 Do something about one or more of the passenger’s bills;
5.3.5 Make a payment to the passenger, the total value of which shall not exceed £10,000.00 (including VAT).

What this seems to boil down to is an agreement, or contract, between CEDR and the airline where the airline agrees to abide by any CEDR decision.

I'm not fully convinced by these new ADR schemes but I have an open mind and would like to see how some claims go and the experience of passengers using the service.

I can see a number of potential advantages over other ways of claiming compensation and hope to find out what the problems may be. I have no doubt tho that MCOL will always be the ultimate default.

ann7313

pelaca wrote: »

Hi,

In case helpful, you should have a "request escalation" link/button on the top right corner of the CEDR screen, although I am not sure what happens when you press it.
I have won my CEDR dispute with Easyjet and they have another few days to pay. They did message via CEDR asking me to email them my bank details, so hopefully the payment will follow soon. If not, I intend to request escalation as mentioned above.

I hope this helps.

Ive tried the escalation button and it just says "error":(

pelaca

ann7313 wrote: »

Ive tried the escalation button and it just says "error":(

That's useless! I guess you'll call or email CEDR, or post a message on the CEDR system window. Let us know what happens, some people (including me) might find themselves in the same situation soon.

ann7313

I will do

Marksfish

I got the error too. I emailed CEDR and asked them to manually move the case on, which they did a couple of days later. I am now waiting for an adjudicator to be appointed.

Bubblemachine

Hi there

We were delayed over 4hrs on a thomsons flight as part of a first choice package. Now i know there are the same company but which one of them do I complain to for compensation

TIA