Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

I would endorse the advice of JPears and contact CEDR now and ask what step you can take if Thomson continue to drag their feet

smartly

So it's:

christian name dot surname @thomson.co.uk

Should help quite a few people

xenonsmurf

Hello everyone. Just an update with our claim

Today we have received an email from Thomson 125 days after we submitted our claim with them via the online claim form.
At this point they have also failed to respond to CEDR and we are waiting to see if they believe we are entitled to any compensation
Thomson have failed to respond to CEDR what so ever..

This is the email
We do not believe this is an extraordinary circumstance


[FONT=&quot]Thank you for taking the time to contact us regarding your flight delay claim. [/FONT]
[FONT=&quot]In a limited number of circumstances Regulation 261/2004 of the European Union (“the Regulation”) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival. [/FONT]

[FONT=&quot]In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight Manchester to Zakynthos and our delay handling logs show that the flight was delayed due to the Captain becoming fatigued.[/FONT]

[FONT=&quot]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. In this draft, the Commission has intimated that the following would be considered extraordinary circumstances: Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.[/FONT]

[FONT=&quot]An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. [/FONT]

[FONT=&quot]The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation. [/FONT]

[FONT=&quot]Thank you again for taking the time to contact us.[/FONT]

[FONT=&quot]Yours sincerely,[/FONT]



what a joke

razorsedge

xenonsmurf wrote: »

[FONT=&quot]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. In this draft, the Commission has intimated that the following would be considered extraordinary circumstances: Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.[/FONT]

Is that infamous NEB list being referenced again??!!!!!!!!!!!!!!!!
Blinking Flip.

xenonsmurf wrote: »

[FONT=&quot]An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. [/FONT]

So go ahead then and PROVE it to the passenger [FONT=&quot]that the delay was caused by extraordinary circumstances
(This last comment applies to all airlines)
[/FONT]

xenonsmurf

At the time of delay we were told the delay was because of cabin crew issues

10 hours later when we were ready for take off we were told by the pilot they had drafted in cabin crew on their day off and we were on a bigger plane which we knew as there were loads of empty seats

When we arrived we were given a letter apologizing for the delay and the reason given was “operational issues”

Tempted to just issue them when a NBA and have done with it. As I can’t imagine CEDR doing anything about it. As Thomson is ignoring them. and we are getting fed up with it

how on earth can they use the [FONT=&quot]Captain becoming fatigued. as an [/FONT][FONT=&quot]extraordinary circumstances[FONT=&quot]. [/FONT] [/FONT]

legal_magpie

Xenon, Thomson will do all they can to fob you off. You have to stop playing the nice guy and sue them

JPears

xenon - what razor is trying to say is that Thomson are talking BS.
It looks as though you may have to take the DIY or MWNF legal route, unless CEDR get anyway. Given Thomsons recent histroy, probably not.

Tyzap

xenonsmurf wrote: »

At the time of delay we were told the delay was because of cabin crew issues

10 hours later when we were ready for take off we were told by the pilot they had drafted in cabin crew on their day off and we were on a bigger plane which we knew as there were loads of empty seats

When we arrived we were given a letter apologizing for the delay and the reason given was “operational issues”

Tempted to just issue them when a NBA and have done with it. As I can’t imagine CEDR doing anything about it. As Thomson is ignoring them. and we are getting fed up with it

how on earth can they use the [FONT=&quot]Captain becoming fatigued. as an [/FONT][FONT=&quot]extraordinary circumstances[FONT=&quot]. [/FONT] [/FONT]

It's not an EC no matter how they try to dress it up.

You really need to let CEDR run it's course. I wouldn't bail out until they inform you that there is nothing else they can do to assist you.

Give CEDR a chance to resolve this on your behalf and see what they can actually do when/if things get tough with the airline..:)

panda_jamie

Hello all,
Thanks for all the fabulous advice and support so far. I am now in need of some more advice before i go and do something wrong!
My MCOL claim was transferred to Liverpool. I realise i made a mistake in the beginning - my claim stated for myself and my mother and i din't name her in the particulars. Thomson initially came back with a very stupid defence saying i hadn't particularised 6 things, all except the name not being correct. On previous correspoondence i had named her and di d follow up with a letter to the court but i think this arrived after it transferred to Liverpool. Anyway Court has said Thomsons have enough to be getting on with and should provide a proper defence.
However Judge has asked me to:
"The Claimant shall by .... file and serve an amended claim form and particulars of claim that names her mother as Second Claimant"
Do i just type over the downloaded copy of the original claim form or is there a specific form or way of doing it? Has anyone else done this? I just don't want to get it wrong! The Judges Order is written in such a way as it sounds like they are telling Thomson to "PO" and are in my side but it seems very easy to make mistakes.
Thanks everyone

andrewwilliams

Panda_Jamie, We have now received a payout of £720.38, (2 passengers) from Thomson for that Santorini flight delay, using CEDR to frighten them, taken many months , but faster than the courts and free. So case closed for us.