Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

Can you put more details in:
Flight number, departure/destination points and we can tell you more.
You are almost certainly due compensation with short notice of less than 1 or 2 weeks.
The timings both of departure AND arrival are critical in this case.
Did you get any refreshments provided during your delay?

Csyau

Hi.
The flight number was TOM4226 on 12/09/17 LGW to Tenerife South.
Original departure time was 13:40
Flight was "rescheduled" for 16:00. Actual push back from gate was 16:55 and take off was at 17:15

Original flight arrival time was due at 18:05.
Actual arrival time was 21:30.

So flight was delayed by 3 hours 25 mins.

We were not offered refreshments nor the option of cancelling our booking.
The email we received showed the new time of the flight along with the rest of the holiday booking but There wasn't even a warning to say the flight time had been changed.
Hope this is clear.

Thanks.

JPears

The airline ar trying it on in the hope you will go away.
The departure times are not entirely relevant, its your actual arrival time.
You were delayed more than 3 hours on your arrival time. You flew more than 1500Km so are due Euro600 or 400 each dependant on whether Tenerife is classed as EU for the regulation purposes.
Read Vauban's guide for how to proceed.

Tyzap

For clarification.

- If the flight was less than 1,500km, you are due €250 per passenger;
- If the flight was between 1,500km and 3,500km, you are due €400 per passenger;
- If the flight was over 3,500km, you are due €600 per passenger. This last tier can be reduced by 50% (to €300) if the flight arrived less than four hours late.

Tenerife is included in the regs.

Csyau

Thanks for the advice. I have asked them to reconsider but will appeal to Adjudicator if I'm not successful.

chrisjoanne

Hi

I require a little help please for my wife and sister in law who had to fly to Cyprus last month to help their mother as their father had just died there.

The flight they were on was:

Email dated: 20th October
Your flight booking reference: *******
Flight no: TOM1714
Newcastle Airport - Larnaca Airport
8 Oct 2017 14:15 > 20:55

Dear Sir

I hereby claim compensation to Art. 7 of Regulation (EC) No 261/2004.

Under EU regulations, I am writing to request compensation for the above flight. This should be an extremely straightforward compensation claim as it has been widely published that the flight above was delayed due to the pilot becoming unwell after a very short time period after take off and eventually landing in Bulgaria. As I'm sure you know, this comes under the "airlines fault" for compensation claims - in this case; "Thomson Airline". The delay was not due to an "act of god" or "exceptional circumstances".

I understand that compensation is 600 Euros per passenger as the flight arrival was delayed by approximately 20 hours and was over 3500km in distance.

If I do not receive a response from you within the aforementioned deadline, I will seek immediate legal assistance.

I look forward to your reply.

Thank you
**********



I received this today:

Thank you for taking the time to contact us about your flight delay claim.
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 TOM1714 Newcastle to Larnaca 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 contacting us.
Yours sincerely,

Sohail Kazi

Contact Centre Advisor
TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk



Therefore ANY help on what my next email should be is greatly appreciated.

Cheers

Justice13075

EuClaim say that this was Extraordinary Circumstances so no compensation. Put your flight details into bottonline and see what they say. I find it strange that EuClaim say that as surely it is possible to get a new crew to you within the 20 hour delay. Did Thomson provide you with Hotels and food?

Tyzap

Sorry chrisjoanne,

No doubt in my mind that this is one of the few situations where compensation is not due.

Bott & Co say the following on their website.....

Can I claim flight delay compensation for all delays caused by crew illness?

There is one exception where crew sickness could be considered extraordinary: if your plane is diverted due to a cabin crew member falling ill mid-flight. What would not be extraordinary however, would be any subsequent flights that are delayed because of the diversion.

http://www.dailymail.co.uk/news/article-4963892/Plane-makes-emergency-landing-pilot-collapses.html

Sorry.

legal_magpie

The article seems odd. If the flight was only 16 minutes old, when the pilot was taken ill, why go all the way to Bulgaria to get the pilot to hospital?

chrisjoanne

Thanks for your very quick replies.My wife and sister in law did get a hotel for the night and food.My problem was that the media stated that the pilot fell ill very soon after take off. I really can't understand why they waited until they got to Bulgaria to get him to hospital.Surely if it was an emergency the pilot should have been taken to a closer airport and that may have given Thomson's a chance of getting another pilot (if they had planned things a little better - ie gone to a larger airport).I don't think I'll get any further with Thomson but the above is the only line I think I can go down to try and get something back for them.Cheers