Flight delay and cancellation compensation, Tui/Thomson ONLY

maghater

Lindagreenacre wrote: »

We were due to fly back to Manchester from Palma, Majorca in Oct. 2011 at 7.30 p.m. The plane, so we were told, had been sent to Mexico and the plane sent for Majorca was inadequate for the number of passengers. As a consequence over 90 passengers were left in Majorca until the following morning.
A flight did take off and land but it did not have us on it. The flight that we did travel on the following day does not show up on the linked website. I have written to Thomson on 28 March and again on 20 April. So far no response. It would be interesting to know if anyone else inconvenienced by this has made any headway.

You were obviously denied boarding under the terms of EC 261/2004, time to consider NBA

tomclarky

Centipede100 wrote: »

Legal fees are not normally recoverable in the small claims track. You find out the cause of the delay from the airline in their defence statement.

How much are legal fees for this type of claim? I need to know the risk in case of going ahead and not winning.

markavo1

tomclarky wrote: »

How much are legal fees for this type of claim? I need to know the risk in case of going ahead and not winning.

Tom

Are you talking about how much it would cost you to take the claim to court, or are you worried about having to pay thomsons costs if you lose??? Under Civil procedure rules, you can not be ordered to pay thomsons legal costs unless the judge thinks you've acted unreasonably, e.g, not giving Thomson any opportunity to sort the issue out prior to Court or failing to accept a reasonable settlement from Thomson.

In terms of the costs that you will incur for proceeding with the case, this is entirely dependant on how much compensation you are claiming. If you tell me how much compensation you are claiming, I can tell you how much it will cost you

Ich_2

you can not be ordered to pay thomsons legal costs unless the judge thinks you've acted unreasonably, e.g, not giving Thomson any opportunity to sort the issue out prior to Court

Is that not a good reason that the CAA route should not be avoided just to save time?

WILLIAM4023

A reason for delay (8 hours) has been given that this was due to operational disruption within the Thomson Airways Fleet.
Is a claim still valid under these circumstances.

111KAB

WILLIAM4023 wrote: »

A reason for delay (8 hours) has been given that this was due to operational disruption within the Thomson Airways Fleet.
Is a claim still valid under these circumstances.

Most definitely.

Vauban

WILLIAM4023 wrote: »

A reason for delay (8 hours) has been given that this was due to operational disruption within the Thomson Airways Fleet.
Is a claim still valid under these circumstances.

Yes it it valid (it's not ECs). It most likely means that they borrowed your plane after another aircraft experienced difficulties. But it could be a range of other reasons such as other knock-on disruption from a previous incident. Doesn't matter though - none of the absolves the airline of the right to pay compensation. But you might need to go to Court to get your money. Worth writing at the same time to the CAA, as both processes take many, many months.

buckers

Ich wrote: »

It all depends if your arrival is delayed, not you departure, so were you late arriving by more than 4 hours?

Not quite sure what you mean here.........
The arrival was over 4hrs late, because the departure was over 4 hrs late !! The flight (5 hrs 50 mins) took the correct amount of time, but was originally scheduled to take off earlier. Am I missing something?

I was trying to see if Thomson used their "get out of jail card" by telling us several days in advance that there would be a delay, which messed alot of people about, particularly after landing.

Vauban

buckers wrote: »

Not quite sure what you mean here.........
The arrival was over 4hrs late, because the departure was over 4 hrs late !! The flight (5 hrs 50 mins) took the correct amount of time, but was originally scheduled to take off earlier. Am I missing something?

I was trying to see if Thomson used their "get out of jail card" by telling us several days in advance that there would be a delay, which messed alot of people about, particularly after landing.

Some flights catch up their time in air. So if you departed 3.5 hours late, but made up half an hour in the journey so you arrived just shy of three hours late overall, you would not be entitled to compensation. But if you made up no time, so arrived over three hours late, then that's okay.

Cherrycherry

Vauban wrote: »

Some flights catch up their time in air. So if you departed 3.5 hours late, but made up half an hour in the journey so you arrived just shy of three hours late overall, you would not be entitled to compensation. But if you made up no time, so arrived over three hours late, then that's okay.

But how to find out the exact arrival time? Flight stats is showing unconfirmed time and its just under 2 min of 4 hours delay threshold? What time should I put in my claim to the court if not sure? And what amount should I claim €600 or €300?