Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

Well they will have 14 days to respond to court papers.
They may file a defence that they have already agreed to payment and seek to have the summons thrown out. This may be your official oppurtunity to get the court fees included if they don't repsond in the period up to 14 days.

jacqhale

So I have finally had a response from Thomson claiming I don't have a right to compensation due to crew sickness as that is extraordinary circumstances. I thought I had read on here and in other places that it was not extraordinary circumstances !! Am I wrong or should I push this further?
Thanks for any help.



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.







In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight Rhodes to Bristol and our delay handling logs show that the flight was delayed due to crew sickness.







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:







16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.







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.







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.







Thank you again for taking the time to contact us.





Yours sincerely,





Abhishek Verma


Contact Centre Advisor


TUI Customer Contact Team email: Aftertravel.Flightdelay@thomson.co.uk

legal_magpie

gavvy wrote: »

Thanks

I have sent them a reply email stating I have started court action, the NBA was sent on June 30- so that have had more than enough time to respond. I have asked for the court fees and 8% or will continue with the claim.

That was not a good idea. It would have been better to wait until they got the Claim form and see what they did. If they ignored it, you could have entered judgment in default. You still can, of course, but you have now tipped them off. If you receive a payment from them you should still watch the court action and if they fail to file an acknowledgement of service or a defence you can still enter judgment giving credit for the money you have received. The N205 form has a space for this.

gavvy

Well I will wait and see what happens I suppose, I have yet to hear from the court myself and the cheque has yet to be cashed, they received the forms last Friday, is it normal to take this long?

Vauban

jacqhale wrote: »

So I have finally had a response from Thomson claiming I don't have a right to compensation due to crew sickness as that is extraordinary circumstances. I thought I had read on here and in other places that it was not extraordinary circumstances !! Am I wrong or should I push this further?
Thanks for any help.

Depends on when the crew were sick, and where the incident happened. If the pilot feel ill just before take-off, and overseas, possibly classed "extraordinary". If not, then probably not. The EU Guidelines list is a joke, trashed by the courts. So if that's what they're telling you, I'd be sceptical - but there's only one way to be sure ...

Jayb9998

Just a quick note if you have to take thomson to court and you where travelling with children you need to send form N235 for each child this is not made clear on vauban guide or anywhere else I sent my claim form n1 last month they sent it back stating I needed form n235 certificate of suitability for litigation friend now sent back fingers crossed

Vauban

Jayb9998 wrote: »

Just a quick note if you have to take thomson to court and you where travelling with children you need to send form N235 for each child this is not made clear on vauban guide or anywhere else I sent my claim form n1 last month they sent it back stating I needed form n235 certificate of suitability for litigation friend now sent back fingers crossed

You're a bit unlucky. Most courts seem happy to take a pragmatic approach and, when applying as a family, don't require you to submit these forms - especially for a small claims court action. Out of interest, do you have to pay a fee to submit these?

Jayb9998

No fee it said something like if you don't want to send n235 alternatively you can apply for something under section 21 something similar which there is a fee of 100 so I just sent n235

gavvy

Still not heard anything back from Salford court its been just over 2 weeks now, is it normal to have to wait this long?

legal_magpie

gavvy wrote: »

Still not heard anything back from Salford court its been just over 2 weeks now, is it normal to have to wait this long?

Yes. It depends on how busy they are