Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

You initiated your court claim before Thomson agreed to pay, and indeed you gave them every opportunity to settle this. So, as JP says, you can certainly get your courts fees paid by the airline. Interest is more difficult since some judges award it at 8%, some at a lower figure, and some not at all. As for other costs, you cannot really try to punish the airline for its failure to adhere to the Regulation, but you could - arguably - try to recover some of the other costs of your time, if you could demonstrate they had behaved unreasonably (sounds like they did). Fundamentally it would be up to the judge on the day. Personally, I'd want the satisfaction of making them attend court after all of that messing around, but if they agree to pay your court costs before that happens, a judge might indeed consider that you continuing to pursue the case could be vexatious.

Tyzap

Also, if you want to punish them in some way you could report them to the CAA for misleading you and refusing a valid claim. They are the regulator who can do something about situations like this, but only if complaints are received.

As your case is pretty clear cut it should, at the very least, add to their statistics and just may lead to some form of action.

We tend to dislike the CAA here but this is the only way to get anything done about the airlines that deliberately cheat passengers.

PeterPan1952

Many thanks to @JPears, @Vauban and @Tyzap for your supportive and helpful comments. I'm just going back to re-read Vauban's Guide, looking at the precedents and further reading.

jackster109

Hi all

I just want to ask if its worth claiming for compensation as part of a package holiday with Thomson.

The flight (Gran Canaria - Cardiff) was delayed for 19hrs due to the captain becoming unwell and a new captain was needed to be flown to UK to operate the return. The flight was initially delayed for 1hr 10 mins from 6:50 PM till 8PM before being delayed to the following day 13:55 PM.

A few points:

The flight was showing on the Cardiff Airport website as delayed until the following day before we were notified at the airport. I found out by checking the Cardiff website to see what time the arrival time was, as did others. When I asked the TUI rep at the airport, they didn't know what was going on but 10 mins later confirmed this before making an official announcement.

We were then told we would be staying at an hotel overnight. It was around 1hr 30mins from the official decision of the delay to arriving at the hotel around . We were provided with food on arrival and for breakfast before the coach picked up for the airport. We were also giving an 8 euro voucher for use in the airport as they would be no fresh food on the plane.

Overall, it was a bit shambolic that some passengers found out about the overnight delay via the destination website before it was displayed on the boards at Gran Canaria and before any official announcement. We couldn't fault the hotel for the overnight stay but the organisation was shambolic at times throughout, no rep taken names when we were boarding the buses and what hotel they were going. There wasn't enough space on the buses for the return to the airport.

I also had to pay an overstay charge of £25 from the carpark due to the delay. This was without the hassle of having to arrange a dog sitter for an extra day and missing a family meal that was planned.

We were giving some forms (explaining the delay, our rights and a claim form for a refund if we didn't return on the flight).


Thanks for reading I would just like to know if I a got a case based on the above info

Cheers

JPears

Staff illness is usually not an EC, so you should have a valid claim against Thomson (assuming your flight was actually with Thomson and not a different thrid party airline) for delay under reg 261/2004. You can't claim your additional expenses incurred for parking or dog sitter.

Tyzap

8 euros is totally inadequate to buy a meal plus beverage at any airport I know. You should also submit any receipts you may have if you bought additional food or (non alcoholic) beverages.

Finmor

Has anyone used Resolver to claim compensation for flight delay with Thomson? I raised on 26th September, have gone through reminder process on 21 Nov and 28th Nov and due to escalate to CEDR in a few days. I'very received nothing from Thomson since it was raised. Is this normal?

Tyzap

All the airlines mess you about and use delaying tactics, it's just par for the course.

CEDR is a better system because your compensation claim will be resolved, one way or the other. They cannot ignore CEDR, so I'd progress your claim to them ASAP.

Good luck and please keep us updated on your progress.

Caz3121

Finmor wrote: »

Has anyone used Resolver to claim compensation for flight delay with Thomson?

you should find many tales on the Thomson thread https://forums.moneysavingexpert.com/discussion/4384699

JPears

And please be kind enough to use the Thomson thread in future, rather your own personal thread that clutters this busy board.
Thanks