Flight delay and cancellation compensation, Tui/Thomson ONLY

Justice13075

Google, Download and read Vubans guide. Then send a letter before action all explained in the guide easy to do as well.

malawton

We were delayed leaving Manchester by > 3 hours on an Albastar flight which had been charted by Thomson.

I first tried Thomson via the tool, and they wrote back 3 weeks later saying I needed to contact the airline not them. So I emailed AlbaStar and they responded within about 1 hour! Makes me suspect they have had a few of these........

They seem to be denying (a) that it was about 3 hours and (b) as there was a delay due to the departing airport it is not their problem. I disagree with both! The odd thing is that the cabin crew opened the doors 1 minute before the 3 hour limit, knowing that the platform was not ready, and had to shut the door again and wait 5 minutes for it to arrive. Which I thought was outrageous.

This is what they said....

"After having investigated on your request , we inform you that your flight has not exceeded the three-hours of delay. Furthermore, in view of the facts and events in the said flights, we understand that such delay was in part due exclusively to extraordinary circumstance: the delay was caused by problems in Lyon airport on a previous leg before your flight, because of lack of security staff and passenger coaches, delaying the departure.

This is unpredictable and unavoidable circumstance, and thus outside the control of Alba Star and under Recital 14 and Article 5.3 of the EC Regulation 261/2004 dated February 11, 2004 establishing common rules on compensation and assistance to passengers, in the event of denied boarding and of cancellation or long delay of flights, no compensation is due, as a consequence of such extraordinary circumstance.

We reiterate our sincere apologies and hope you can enjoy a better future experience on our flights."

Is it worth pursuing?

Tyzap

Hi malawton,

Please copy and paste your post onto the dedicated Thomson thread for the benefit of other forum users and tidiness.

You will receive a reply there.

Thanks.

loftykins

how late did your flight arrive?
Its not how late you left its how long you were delayed compared to the arrival time.

Caz3121

loftykins wrote: »

how late did your flight arrive?
Its not how late you left its how long you were delayed compared to the arrival time.

malawton wrote: »

The odd thing is that the cabin crew opened the doors 1 minute before the 3 hour limit, knowing that the platform was not ready, and had to shut the door again and wait 5 minutes for it to arrive.

It is doors open time that counts...OP has provided details

leylandsunaddict

Tyzap wrote: »

Hi malawton,

Please copy and paste your post onto the dedicated Thomson thread for the benefit of other forum users and tidiness.

You will receive a reply there.

Thanks.

It's not a Thomson claim.

Nick_C

malawton wrote: »

the cabin crew opened the doors 1 minute before the 3 hour limit

If any doors, including cargo doors, were opened less than 3 hours after the scheduled arrival time, then you were technically not 3 hours late. Sorry.

malawton wrote: »

Is it worth pursuing?

No

Tyzap

leylandsunaddict wrote: »

It's not a Thomson claim.

It's a Thomson flight booking, sub chartered to Alba Star.

Most nubes will assume they have a claim through Thomson so, imo, that would be the starting point for passengers searching for information.

It is also about keeping the site tidy and organised, which was my main point.

mobileuser

I submitted a claim via Resolver on the 18th January 2017 for a flight that was delayed a few years ago. I got a response from them on 24th February saying

"After looking into your case I can see that your flight has been accepted for payment"

Since then some 70 days later I have not heard anything from them. I now at the stage where Resolver says I can esclate to CEDR.

Has anyone had similar experience or any advice that might help speed up this complaint?

Bearing in mind they admitted the claim should be paid surely it should not take this long?

Many Thanks

Caz3121

Thomson thread is here http://forums.moneysavingexpert.com/showthread.php?t=4384699