Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

jackoncc1701 wrote: »

Hi All

I have sent a letter for two delays to Thomson, 1st flight to Punta from Birmingham, due to leave 11/05/10 @ 10:20 am, late by 11 hours, then had to land in Manchester to change crew, then advised no crew so overnight stay in hotel (paid by the airline including meal/drink vouchers), next flight due to leave from Manchester 12/05/10 @ 10:30 am, further delay of 4 hours, no crew again.

My letter was for 4 people, claiming two delays @ £1200 per person (thought I'd try and claim for all out party).

Thomson response:
The European Court of Justice has confirmed that, as the Regulation (261/2004) doesn't say how long the passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

I have invested this "Montreal Convention" and it seems there is conflicting information that means I am still entitled to claim, I am unsure though how to respond though, and if I should go back to Thomson or direct CAA.

Can anyone help? Note they haven't said anything about the 2 claims or for the whole party so it appears they aren't arguing the fact of the delays.

Many thanks for any information.

If you'd read just four posts previous to yours, you would have found someone has asked an identical question. You have to do a little bit of work, darling, if you're taking this claims business seriously.

kimbo_15

droylie wrote: »

Dear all

I posted on the main forum but just to let you know that I was due to go to court last Thursday and Thomson agreed to settle out of court for a delay from 2010. Thomson agreed 400 euros each (2 of us) and court costs. My ex-husband is a barrister and he did the claim for me and I am happy to email anyone a copy (it quite lengthy).

This was despite Thomson saying it was 'extraordinary' circumstances (it wasn't) and lying over the distance from Manchester to Palma (to try and get the lower amount). My case was put on hold in 2010 but I didn't give up!

Kerrie :beer:

Congratulations on your success. Please can you email me a copy.

jackoncc1701

NOOBY Alert!
Mental note, STOP SPEED READING!

Appeal letter in, thanks for comments

Sammie1

I have just wrote to Thomson advising then that their 2 year to claim rule is incorrect I had a delay in 2008 for 14 hours back to Manchester from Dominican I have quotedThe judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
I have also told them I've wrote to CAA and going to be taking court action!

markavo1

My court papers have been issued to Thomson by MCOL. On the papers it says that the Court will be Northampton. I know from reading through the FAQ's that this is just a temporary court that all MCOL papers show, but the FAQ's simply state that the papers will be transferred to either the claimants or defendants local Court. How is this decided? Clearly, I would prefer it to be my local Court

RVB88

hi, we were delayed 28 hours coming back from dominican republic back to manchester. we originally had a 2 hour delay originally and then an hour on the runway because something was faulty. we then took off and after 40 mins into the flight we had an announcement over the speaker to say we have got to turn around and try land back at the airport as the hydraulics had failed. this was a scary situation in itself and the air stewardess were panicking just as much as the passengers. we managed to land back at dominican but nearly crashing into a tree on the way down and being hosed down by fire engines as we were trying to stop. after much delay and fussing around we were all put into a hotel over night. we just felt very let down by thompson as they didnt really explain nothing. they decided to tell us at 11.45am that we had a flight booked back that afternoon at 5.30ish and a coach was coming to get us at 4. but we had to vacate our rooms by 12pm which everyone found unfair. i managed to claim £60 back for me and partner from my bank insurance, do you think we would be able to claim from the company? many thanks

Vauban

markavo1 wrote: »

My court papers have been issued to Thomson by MCOL. On the papers it says that the Court will be Northampton. I know from reading through the FAQ's that this is just a temporary court that all MCOL papers show, but the FAQ's simply state that the papers will be transferred to either the claimants or defendants local Court. How is this decided? Clearly, I would prefer it to be my local Court

You both get to indicate you preference when you are sent the "allocation questionnaire" - I understand that the convention is where one party is a corporation and the other an individual, the individual's preference takes precedence.

Vauban

RVB88 wrote: »

hi, we were delayed 28 hours coming back from dominican republic back to manchester. we originally had a 2 hour delay originally and then an hour on the runway because something was faulty. we then took off and after 40 mins into the flight we had an announcement over the speaker to say we have got to turn around and try land back at the airport as the hydraulics had failed. this was a scary situation in itself and the air stewardess were panicking just as much as the passengers. we managed to land back at dominican but nearly crashing into a tree on the way down and being hosed down by fire engines as we were trying to stop. after much delay and fussing around we were all put into a hotel over night. we just felt very let down by thompson as they didnt really explain nothing. they decided to tell us at 11.45am that we had a flight booked back that afternoon at 5.30ish and a coach was coming to get us at 4. but we had to vacate our rooms by 12pm which everyone found unfair. i managed to claim £60 back for me and partner from my bank insurance, do you think we would be able to claim from the company? many thanks

Possibly - assuming this happened in the last six years. You would need to write to the airline and see what they say. The FAQs on page one are the place to start for letter templates, etc. They're unlikely to want to pay, judging by others' experiences, so you would need to be prepared to take them to Court. Or - if all this looks too difficult - enlist a no-win no-fee company who will retain about 30% of any award.

Cherrycherry

Could you please help me guys: I'm about to start legal claim, but I struggle with the flight time. When I check Flightstats.com, the status is not confirmed and it's not showing actual arrival time, only estimated, which is just 2 min under 4 hours threshold. I know that my claim depends on that. What should I do: claim for 3 hours or over 4 hours as it was flight to Dominican Republic.
And if I'm claiming for me and my wife, is it one claim or two separate claims?
Thanks!

Old_Traveller

Hi All

Has anyone had a reply from 'Drolyie' (Kerrie) re her kind offer of a copy of her case notes??

I requested a copy a few weeks ago but as yet nothing. I am now putting together my notes to pursue my case to MCOL.

My request have been turned down as it is a Technical 'Exceptional Circumstance'. A 'reverse thrust' light came on as we were on our take off roll, the take off was aborted and we then had to wait for an engineer to fly out from the UK to Cape Verde to lock out the Reverse Thrusters.

Anyway if anyone has a copy they could pass on please could I have one.

Might be a good idea, with 'Droylie's' permission to put a copy into the FAQ's as this may help others as well.

Many thanks.

John.