Flight delay and cancellation compensation, Tui/Thomson ONLY

sildenafil

I was delayed by 10 hours on a flight from Cancun to Gatwick in May. The pilots claimed it was due to the plane being struck by lightning when coming in to land on a previous flight which delayed the inbound flight also. They said the plane needed to be repaired hence the delays.
Once back in the UK I did a bit of research and found that the flight the pilots were talking about, the time this particular plane landed at Gatwick, there were no reports of thunderstorms in the area. I even went as far as checking weather radar reports which showed the area around Gatwick had no adverse weather whatsoever.

Having filed a compensation claim for the delay as well as complaining about the diabolical treatment I received from Thomson, I have received a reply from them (22 days later). They are sticking to the extraordinary circumstances of the weather which caused the delay and are refusing to pay any compensation. The other issues I complained about have not been acknowledged (email was also sent to MD).

Do I have any recourse to escalate this claim? I have kept screenshots of all weather reports etc. Any help would be massively appreciated.

Justice13075

First put your flight details into bottonline and EuClaim they will tell you if you have a claim. If they do say you have a claim google and download Vaubans guide and go from there. All explained within the guide.

Caz3121

sildenafil wrote: »

Do I have any recourse to escalate this claim?

I would first put your flight details through a couple of the NWNF sites; EUclaim, bottonline to see whether they believe there is a case for compensation
Assuming they confirm there is a claim, have a search for Vauban's Guide and look at the procedure to issue NBA and take them to court
You can still go to court if the NWNF companies believe there is no claim but it is likely to be much harder work with minimal chance of success (if it was a slam dunk the NWNF's would take it in a shot)

sildenafil

Thanks for the quick replies. All the sites that I have been on say I am entitled to compensation. However, what I'm wondering is that Thomson will insist it was due to the weather so will keep saying they will not pay out. Has anybody had any previous with regards to proving that the delay could not have been caused by weather and had their compensation paid? I feel like this could take a long time to come to a conclusion.

Caz3121

sildenafil wrote: »

All the sites that I have been on say I am entitled to compensation. However, what I'm wondering is that Thomson will insist it was due to the weather so will keep saying they will not pay out. Has anybody had any previous with regards to proving that the delay could not have been caused by weather and had their compensation paid? I feel like this could take a long time to come to a conclusion.

the data that the NWNF companies use to determine whether there is a claim includes consideration of the weather etc
they will tell you if there is no claim due to extraordinary circumstances such as weather
It also sounds like the lightning may have affected your 'plane' but that was on a previous rotation so your delay was a knock on effect
Read Vauban's Guide and decide whether the follow it yourself or hand to a NWNF company

legal_magpie

Don't expect Thomson to "do the right thing". They consider the regulations to be unfair and will do anything to put people off. Follow the advice in Vauban's guide and if Thomson still refuse your claim, take action either yourself or with a NWNF solicitor such as Bott.

sildenafil

Thanks to all the people who have taken the time to reply. I have had a look at Vauban's guide and will be following up my claim. I will keep you all updated with how I get on.

gavvy

Hi


I submitted a claim for a 24 hour delay on May 30 following a 26 hr delay to my home flight from USA due to there being a tech issue with the compressor in the engine.


I used the online form and have not received any communication back from Thompson thus far.


How long do you think I should wait before sending a NBA - the Thompson website says I should hear within 56 days, but this seems very long, should I wait that long or send a NBA soon


I don't want a judge in court saying I had not left enough time if It gets that far...

Tyzap

gavvy wrote: »

Hi


I submitted a claim for a 24 hour delay on May 30 following a 26 hr delay to my home flight from USA due to there being a tech issue with the compressor in the engine.


I used the online form and have not received any communication back from Thompson thus far.


How long do you think I should wait before sending a NBA - the Thompson website says I should hear within 56 days, but this seems very long, should I wait that long or send a NBA soon


I don't want a judge in court saying I had not left enough time if It gets that far...

Hi gavvy,

A month is a reasonable length of time, I do not think a judge would disagree with that.

An NBA will act as a reminder, but they could ignore that too. They won't be able to ignore legal proceedings against them tho.

Good luck.

gavvy

Thanks

I will Write to them with a NBA this week then.