Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

I wish you luck, but I'm not holding my breath....

legal_magpie

What will happen if a picture emerges (as seems to be the case) that Thomson fail to cooperate with CEDR in a big way, in that they don't respond in time and fail to comply with their rulings?

Is there any sanction? I don't mean in individual cases but could they be fined or kicked out if the CEDR scheme altogether?

JPears

CEDR is a relatively new tool on this forum so in short, we probably don't know. Best asking CEDR.

Vauban

According to CEDR's own rules - which are on their website - the only sanction available is to kick the airline off the scheme.

razorsedge

Vauban wrote: »

According to CEDR's own rules - which are on their website - the only sanction available is to kick the airline off the scheme.

There was another post about possible CEDR sanctions here:
https://forums.moneysavingexpert.com/discussion/comment/71512488#Comment_71512488
Also read the post below that too.

Personally I think it is a little open ended about what other sanctions are available to CEDR, but would not hold my breath about any action being taken at all.

Vauban

razorsedge wrote: »

There was another post about possible CEDR sanctions here:
https://forums.moneysavingexpert.com/discussion/comment/71512488#Comment_71512488
Also read the post below that too.

Personally I think it is a little open ended about what other sanctions are available to CEDR, but would not hold my breath about any action being taken at all.

Apart from reporting the airline to the CAA (which anyone can do, for whatever good it will do them) what else can the CEDR do? They cannot take legal action, as they have no locus. Hence the verbs "request" and "direct". Fundamentally, these schemes are all presumably founded on a policy (but not legal) commitment from the airline to implement the final decision of the arbitrators. If the airline chooses to revise that policy, there's not a lot CEDR or indeed anyone else can do.

JPears

But if you have to take a legal route, the judge should look unfavourably on an airline that doesn't cooperate with an organisation it has volunteered to work with!

razorsedge

JPears wrote: »

But if you have to take a legal route, the judge should look unfavourably on an airline that doesn't cooperate with an organisation it has volunteered to work with!

True, but it has also long been argued on this forum that Judges should not pay much heed to decisions by the CAA (whom airlines are involuntarily regulated by), even though airlines should (in theory) cooperate with the organisation that they must work with (also in theory!)

JPears

But the CEDR was specifically set up to deal with this problem, sensibly to tryand avoid legal action and costs.
CAA have always been useless.

Marksfish

But don't airlines sign up of their own accord to a ADR scheme such as CEDR? So, whereas it may be said that judges shouldn't pay attention to the CAA decisions, this is a organisation that Thomson have joined and agreed to the terms of membership.

I would hope a judge would respond favourably to a scheme that a member has willingly participated in.

Mark