Flight delay and cancellation compensation, Tui/Thomson ONLY

ayrforce1

I have been trying to claim for a delay of over 6hours regarding a flight in JULY 2014. Thomsons basically did not reply to any of my claims and when I contacted them by phone they claimed that I had not given them enough info, they didn`t bother to inform me of this, I still have boarding passes etc.

They are now rejecting my claim under extraordinary circumstances. Our plane was flying earlier that morning from Italy, I believe, to Glasgow , and was hit by lightning. The plane had to be inspected and this delayed the flight out to Spain which we were to return on . We were told by a crew member that the plane was not damaged .
I have had a look at Vauban`s guide but I am not sure regarding if this knock on effect means I have no claim.
Thomsons refusal makes reference to a Supreme court ruling on 31st October 2014 but does not expand on what that was.
Any advice would be helpful, as I am in Scotland and now running short of time, I believe.

jpsartre

You'll almost certainly need to take legal action. There are county court rulings that say lightning strikes aren't extraordinary although there's a ECJ ruling which says bird strikes are extraordinary and it's difficult to see what the relevant difference is so who knows. Of course, then there's the added factor that your delay was a knock-on effect which counts in your favour.



The ruling they refer outlines the timescale for making claims. Not sure why since you're still in time to claim.

Tyzap

ayrforce1 wrote: »

Thomsons refusal makes reference to a Supreme court ruling on 31st October 2014 but does not expand on what that was.
Any advice would be helpful, as I am in Scotland and now running short of time, I believe.

I think they are referring to the Huzar v Jet2 case which clarified what 'extraordinary circumstances' are. Not sure why tho, as it does nothing to support their case, quite the opposite!

It's probable a smoke screen to confuse you, so just ignore it.

You have a valid claim so start legal proceeding ASAP, before you are out of time. You can sort out all the details afterwards.

ayrforce1

Thank you for taking the time to reply. In order to take this further should I consider using a claims company or taking court action by myself. Should I advise Thomsons that I do not accept their judgement.
Many thanks.

jpsartre

ayrforce1 wrote: »

In order to take this further should I consider using a claims company or taking court action by myself.

Both are options. A claims company is generally less work but they take a cut any compensation paid. It's up to you which is better.

julieluvs2shop

Hope someone can advise me on this but on 21st March, a long story short, we were told by the pilot that flight TOM159 had a problem with the landing gear door and he could only take half of us home but no luggage due to having to leave the wheels down for 10 minutes after take off, after a couple of hours putting tannoy calls out they were boarding elderly and disabled customers first or anyone who had to get home for medication, after they had boarded they asked anyone who wants to go home to queue up, there was no seats left within a few minutes so the rest of us were allocated hotels for the night, the next day we were picked up at 19.00 and checked in at the airport and a rescue flight was coming from Montego Bay ( TOM037 ) we boarded around 10.30pm and we landed at Manchester around 10.25am, as we all left the flight we were given a letter with the flight delay times on (26 hrs 49 mins ) and it also said we would receive compensation with 28 days, some of the group did receive it automatically but it was only €300 each, a few others put in claims and again received €300 each, the half that flew home on flight TOM159 would get €300 each ( delayed 3 hrs 58 mins ) but we are being treated like we were on the flight that went home that night and not the next day, TUI are also trying to reject a CEDR claim from one of the customers on flight TOM037 by saying CEDR has no dispute to answer as the payment has been sent and their claim is frivolous and vexatious, they are obviously not seeing that half os us didn’t go home that night even though boarding passes have been emailed to them but if they checked flight logs they would see who was on each flight, what do we do if TUI carry on with this, I haven’t gone through CEDR yet as waiting for the final email after my complaint saying I will not accept the cheq I’ve received as it’s the wrong amount.

jpsartre

I would file with CEDR. You weren't on the first flight, it's up to TUI to prove otherwise. Of course, add anything (such as boarding passes) that would substantiate you getting home a full day later to your claim.

Justice13075

You are due €600 each plus the Airline should have asked for volunteers to stay behind until the next flight AND they should have offered compensation on top of your flight delay for you to give up your seat on the original flight

julieluvs2shop

jpsartre wrote: »

I would file with CEDR. You weren't on the first flight, it's up to TUI to prove otherwise. Of course, add anything (such as boarding passes) that would substantiate you getting home a full day later to your claim.

I think the trouble is when we filed a claim on TUI website we had to put flight TOM159 as the delayed flight and it comes up as 3 hrs 58 minutes, very convenient as if it was 4 hours we’d all be entitled to €600 each, according to flightaware the flight landed 4hrs 8 minutes late so could Tui manipulate the time they landed on their logs?

julieluvs2shop

Justice13075 wrote: »

You are due €600 each plus the Airline should have asked for volunteers to stay behind until the next flight AND they should have offered compensation on top of your flight delay for you to give up your seat on the original flight

If we bank the cheq we have received for €300 each would that stop us claiming for the rest? Would Tui say we’d accepted the lower payment?