Flight delay and cancellation compensation, Tui/Thomson ONLY

rickya23

66carolinej wrote: »

Success! After submitting my application for compensation to CEDR for adjudication, due to no defence being submitted by Thomson, the adjudicator has found in our favour and awarded 600 euros to both my husband and I! No fees for me to pay and everything was very straightforward.
I originally submitted my claim to Thomson via Resolver. Thomson refused the claim blaming EC due to poor weather and running out of de-icer at Manchester to flight TOM856 that caused our flight TOM857 from Sal, Cape Verde to be delayed by 27 hours.
The really odd thing is that Thomson refused to consider my arguments, explaining their decision was final but I could apply to CEDR which I did and then they don't bother to respond with a defence.
Just goes to show sometimes it's worth going through the hoops.
Thanks to all the experts whose posts I found really informative.
Caroline

In exactly the same boat. No reply from Thomson so I still put in a rebuttal to their lack of reply stating that no response means they accept the delay wasn't extraordinary. My adjudication date is TOMORROW! Fingers crossed!

andrewwilliams

Panda-Jamie. Just to let you know that CEDR had approved my claim and that as Thomson did not put up any defence then the next step was for CEDR to appoint an adjudicator on 2nd December,today, Low and behold, I had an email from Thomson yesterday saying that they were sending a cheque in the post to me. Copy of email....and i did not correspond with them, CEDR did

"Dear Mr Williams,

Thank you for your correspondence.

I’m sorry to hear of the flight delay that you experienced, I appreciate the impact this would have had on your precious time away.

At Thomson Airways, we’re committed to treating our customers fairly. We go to great lengths to avoid delays yet, despite our very best efforts, they do sometimes happen.

In a few circumstances, EU Regulation 261/2004, as interpreted by the European Court of Justice on 23rd October 2012, entitles some customers to a compensation payment when their flight is delayed for over three hours and where that delay is caused by us.

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.

Having reviewed your case in line with these I’m pleased to offer compensation in line with EU Regulations and the legislation you refer to and your flight from Santorini to Bristol for compensation payments of €400 / £360.19 per person on your booking (excluding infants and free child places).

Please expect to receive a cheque within 28 working days for £720.38 (Seven Hundred and Twenty and Thirty Eight Pence). This is the equivalent of €400 per person. I do hope this will go some way to restoring your faith in us.

Thank you for contacting us."
:j

Vauban

Well done. But just to note - pace the airline's letter - that infants who've paid a fare/fee to travel also qualify for compensation. And even the supine CAA agree.

Marksfish

Marksfish wrote: »

I contacted CEDR about the rejection letter and got the following reply:



So they will chase it but not necessarily enforce it.

Well, tomorrow is the final day. As today's post has already arrived, I can't see Thomson complying with the ruling. Time to see what teeth CEDR actually have as I will be contacting them first thing Monday morning.

panda_jamie

\well done you!
Thanks for sharing the letter details.
I wish i had gone through CEDR now. My MCOL claim was transferred to Liverpool 3 weeks ago and i i have heard nothing from them. I'll try phoning the Court on Monday
Helen

xenonsmurf

Hello everyone seeking advice on our flight delay claim.

A little background.

We were delayed for 10hours on our flight from Manchester airport T2 to Zante on the 26th of july 2016, flight number TOM2292
We are unsure what the delay was, but at the time we were told it was cabin crew issues. When we arrived at Zante the TUI rep gave us a letter saying our flight was delayed due to operational issues, we ended up flying on a bigger plane which was mentioned by the piolot i dont think they had the correct flight crew for it even though the plane was there ready and waiting. We have checked on flightstats to try and find the true cause for the delay but our flight says “Status Unknown”.

When we arrived home we submitted an online claim with Thomson as advised, which we received an automated response saying it would take 56days for a reply.
56 days came and went with no reply what so ever from Thomson. So we contacted CEDR on the 57th day
So far with CEDR nothing seems to be happening
CEDR timeline
5/10/16 we submitted our claim.
14/10/16 was told we had a case and Thomson had 14days to respond.
1/11/16 no response from Thomson. But we was told we had to submit comments to their no response. And given 14days to do so.
21/11/16 moved to next stage as no comments needed as no response given “14day wait”

5/12/16 still awaiting appointment with adjudicator, called today for an update and have been told we will have to wait a few days as they are busy. And when one is appointed to our case it will be another 14day wait for their decision.

We would like to know. Has anyone one else successfully claimed for this flight delay. And is there somewhere else we might be able to find out why we were delayed.
Does CEDR usually take this long? And should we issue a NBA now or just let CEDR run it course.

Just getting a bit fed up now and feels like we are going round in circles

Any help or advice will be greatly appreciated

xenonsmurf

JPears

xenonsmurf wrote: »

Hello everyone seeking advice on our flight delay claim.

A little background.

We were delayed for 10hours on our flight from Manchester airport T2 to Zante on the 26th of july 2016, flight number TOM2292
We are unsure what the delay was, but at the time we were told it was cabin crew issues. When we arrived at Zante the TUI rep gave us a letter saying our flight was delayed due to operational issues. We have checked on flightstats to try and find the true cause for the delay but our flight says “Status Unknown”.

When we arrived home we submitted an online claim with Thomson as advised, which we received an automated response saying it would take 56days for a reply.
56 days came and went with no reply what so ever from Thomson. So we contacted CEDR on the 57th day
So far with CEDR nothing seems to be happening
CEDR timeline
5/10/16 we submitted our claim.
14/10/16 was told we had a case and Thomson had 14days to respond.
1/11/16 no response from Thomson. But we was told we had to submit comments to their no response. And given 14days to do so.
21/11/16 moved to next stage as no comments needed as no response given “14day wait”

5/12/16 still awaiting appointment with adjudicator, called today for an update and have been told we will have to wait a few days as they are busy. And when one is appointed to our case it will be another 14day wait for their decision.

We would like to know. Has anyone one else successfully claimed for this flight delay. And is there somewhere else we might be able to find out why we were delayed.
Does CEDR usually take this long? And should we issue a NBA now or just let CEDR run it course.

Just getting a bit fed up now and feels like we are going round in circles

Any help or advice will be greatly appreciated

xenonsmurf

xenon - it will take a while, you have to be patient BUT also keep the pressure on. Thomson are awash with claims (and as a result by default the CEDR probably now will be as well)
Your time frame compared to most is quite short at this stage!
Let CEDR run it course, which should be by the New Year. If no joy then either take a DIY legal route or hand it over to a legal firm, Botts being a well known and usually reliable one.
I assume that:
a) you have downloaded and read Vauban's ultimate guide to claims
b) checked with Botts or similar company that you have a valid claim with the online checker facility?

legal_magpie

Xenon. This is typical Thomson. They have such a huge backlog that they can't cope so they do anything that they can to stall.

xenonsmurf

JPears wrote: »

xenon - it will take a while, you have to be patient BUT also keep the pressure on. Thomson are awash with claims (and as a result by default the CEDR probably now will be as well)
Your time frame compared to most is quite short at this stage!
Let CEDR run it course, which should be by the New Year. If no joy then either take a DIY legal route or hand it over to a legal firm, Botts being a well known and usually reliable one.
I assume that:
a) you have downloaded and read Vauban's ultimate guide to claims
b) checked with Botts or similar company that you have a valid claim with the online checker facility?

legal_magpie wrote: »

Xenon. This is typical Thomson. They have such a huge backlog that they can't cope so they do anything that they can to stall.

Thanks for the replies we have read the guide. and will let CEDR run it course. then move on to the next step if needed.

Marksfish

A turn up for the books and one I didn't expect. CEDR found in our favour and the note on our account says Thomson have until 4th December to comply. No payment received from Thomson, so I email CEDR to find out what they do next and the response is:

The airline has 20 working days to make payment (apologies as this is not clear and we are working to make sure this is clarified both on the automated emails and on the cases). Accordingly, the deadline for payment is 12th December. However, if the airline have still failed to pay you by this date please let us know and we will chase it on your behalf.

I was somewhat confused by the message and replied asking what tyey meant as the procedure so far had stated 14 days for everything, plus I had already been given a date. The response was:

Yes, apologies for this. We are in the process of attempting to get Modria (our online system) to change this as it calculates it on 20 days instead of 20 working days. However, in our rules the airline is allowed 20 working days to comply with the decision.

So we now have another 6 days to wait for Thomson to ignore the decision and do nothing before CEDR step in.