Flight delay and cancellation compensation, Tui/Thomson ONLY

SallySunshine

Just rang Bottomline, after my claim was rejected as we weren't flying from an EU country with an E.U. carrier
Had a very informative chat with them.

Was told that Bird Strike is now classed as E.C. by the E.U. recently.
Very convenient for Freebird.
Also very convenient for Thomson/First Choice/TUI and Uncle Tom Cobbley and all!

By using this third party carrier based in Turkey it means lots of delayed passengers cannot claim compensation.
Yet others who are flying with Thomson Airways can?

Jayb9998

Quick question guys I was delayed 30 days ago I sent letter before action 14 days ago after previous letter giving them 14 days they have failed to reply to both my question is am I allowed to take court action now it's not to soon etc from a legal perspective especially since a lba was sent thanks

JPears

SallySunshine wrote: »

Just rang Bottomline, after my claim was rejected as we weren't flying from an EU country with an E.U. carrier
Had a very informative chat with them.

Was told that Bird Strike is now classed as E.C. by the E.U. recently.
Very convenient for Freebird.
Also very convenient for Thomson/First Choice/TUI and Uncle Tom Cobbley and all!

By using this third party carrier based in Turkey it means lots of delayed passengers cannot claim compensation.
Yet others who are flying with Thomson Airways can?

But an birdstrike on a different flight to yours would not normally be an EC. However the non EU things makes it a theoretical argument. Sorry

DIYBaldyman

SallySunshine wrote: »

By using this third party carrier based in Turkey it means lots of delayed passengers cannot claim compensation.
Yet others who are flying with Thomson Airways can?

JPears wrote: »

But an birdstrike on a different flight to yours would not normally be an EC. However the non EU things makes it a theoretical argument. Sorry

As I said before, even if a birdstrike is ruled as EC, it can't be used as a reason for later rescheduled flights.

Refer back to Vauban's earlier post - it is possible that Thomson are still liable if they leased Freebird, but my gut tells me that Thomson have found a loophole to exploit their liabilities.

Clutching at straws now, but was your flight always listed as being with Freebird (ie on your booking confirmation details)? You may have a claim if you were originally booked on a Thomson Airlines flight & were transferred to the Freebird flight at short notice.

SallySunshine

Thanks DIY,
yes the documents state Freebird

Loopholes?
Please note that*** UK may provide accommodation, transport from a wide
range of third party accommodation providers and carriers including airlines, ships and railways. The provision of these arrangements will be subject to the terms and conditions of each provider or carrier as part of your Conditions of Contract with us (either as agent for the provider or carrier or as part of our holiday package as you will see in section 1 of the Booking Terms and Conditions

JPears

Hmm, unfortunately EU law trumps any Ts & Cs.
You may have to put this down to experience and for future reference ensure you use an EU based airline, wherever possible.

SallySunshine

If i've done something that's my fault I would put it down to experience, but this situation stinks, and I think others should be made aware of loopholes like U.K. travel firms using non-U.K. based carriers, who all then deny/wriggle out of responsibility when something goes wrong.

You just about need a degree now to sort out your travel insurance never mind reading pages and pages of terms and conditions from the travel firm itself, especially such a giant company

SallySunshine

No,as I have stated previously we were told we were flying with Freebird, what was to worry about, they are used by First choice/Thomson frequently.

JPears

It stinks as you say and the airlines really do try to make life as difficult as possible for customers.
As I say you do have to put it down to experience but you will be well prepared for future flights/bookings.
I was one of the first to take Jet2 to court and lost becuase the judge misinterpreted the law around technical failures and found in favour of Jet2.
The Supreme court subsequently found that these didn't constitute an EC but it was too late for me. Due to the idosyncrases of the UK law I cannot have my case reheard even though it would be 99% sure I would win.
Fortunately my daughter was able to sucessfully claim for the same flight 4 years later because of the Supreme Court. So we still won in the end which paid for our flights and the hassle of a 6 hour delay. And it cost Jet2 significantly more to employ 2Birds in legal costs and expenses.

Jayb9998

Has anyone seen a template or can help me fill brief details of claim for a delayed flight caused by technical difficulty on form n1 do i put something like / compensation for a flight delay by virtue or eu 264/2004 regarding a delayed flight from ncl to rho that's was delayed by approx 3 hours 55 minutes on arrival// will that suffice or am I missing something out