Thomson Claim 2 years limit to claim

RealCK

Mark2spark, Can I just ask who you would advise addressing the NBA to?

Continue with the standard EU Delay claims, Thomson Airways, Wigmore house or a more specific individual.

Mark2spark

Thomson NBA goes to the Crawley address.

RealCK

Mark2spark wrote: »

Thomson NBA goes to the Crawley address.

cheers thank you

I have mentioned the issue surrounding a Hydraulic leak, being an Extraordinary circumstance to someone who is an aircraft engineer. TUI in theory would need to argue that maintaining and checking the Hydraulics on an aircraft, "is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin".

They have advised that

"Hydraulic checks will be done regularly as part of scheduled maintenance. Depending on the aircraft type, and company procedures. These will be specific and carried out on a daily or line check.
These would consist of a minimum of the following:-
Hydraulic fluid level checks,
System base pressure check,
Accumulator pressure checks,
Impending bypass checks,
and the brake packs would be checked for wear and any fluid leaking would be part of a pre-flight.

So TUI would not be doing the correct safety checks if none of the the above was done regularly or in a pre flight check.

In the claim of Extraordinary Circumstance they also advised me to try and get the following info from TUI,

1)A copy of the techlog detailing the defect and the previous half dozen flights.

2)Any details of when last scheduled base maintenance took place, and any specific work that was carried out on the component that failed.

3)Details of failed and replacement component (Part number, serial numbers, GRN/Batch numbers, dates fitted, MOD status)

4)If aircraft manufacturer are aware of any airworthiness issues (ie are there any specific Service bulletins etc. for that specific defect)?

Should I raise these points in an NBA or leave them for a later date?

pepe100

I too am having problems with thomsons as regards my flight delay . On the 25th of October 2012 our flight was delayed for over 9 hours . Travelrepublic have spoken to them on numerous occasions but fail to get a reply , spoke to a guy called Phil on 08448710882 as regards the claim and was told my details were just updated onto the computer on February a month after they were posted recorded delivery on 25/01 2013 . Asked to speak to a superviser but was told that was not possible at the present time , asked how much longer this could take to get a reply and was told it could take up to another 4 weeks . I have sent another e-mail to travel republic asking them to contact Thomsons as i am getting nowhere . Any suggestions on what i can do next

kandm_2

I had the two year response from TUI (compliant dates to Oct 2009) - I complained to the caa and got this response:

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Dear passenger[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Thank you for your recent e-mail about your complaint against Thomson Airlines.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]It appears to us that your complaint falls within the scope of Regulation EC261/2004. [/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]As you have received a reply and you would like further advice or assistance with your complaint, you would need to contact the National Enforcement Body (NEB) responsible in the country where the incident occurred. The NEB would then be able to take any appropriate action in line with their responsibility under the Regulation. [/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Every Member State of the EU is required to have a body to receive complaints that fall under the Regulation. In your case this would be Spain. I attach a list of contact details for the individual NEBs, together with some information relevant to your complaint.[/FONT][/FONT]

I then emailed spanish authorities and got this response:

Further to your email bellow, the Air Safety State Agency informs you that pursuant to the Judgment of the European Court of Justice in case C-139/11 (Joan Cuadrench Mor! v Koninklijke Luchtvaart Maatschappij NV), dated the 22 November 2012, Regulation EC 261/2004 must be interpreted in the sense that the deadline for the exercise of the actions claiming compensation stated in this regulation must be determined in accordance with the rules of each Member State on the prescription of the action, not being applicable in this case the two years (2 years) established in article 35 of the Montreal Convention, but national rules which know the case. The Spanish Civil Code set a period of 15 years for claims for which no other period is stipulated.
Bearing in mind the aforesaid, and in order to handle your complaint, we need to ask for a report to the air carrier regarding the causes of the delay and the exact hours of delay. Accordingly, we kindly ask you to send your formal complaint against the air carrier together with all the correspondence with the airline and copy of the flight ticketes.

So I am sending the info onto the Spanish aesa and in the meantime have sent the notice before action to TUI.

No doubt they will come back with extraordinary circumstances or similar.

(The flight was part of a package holiday from manchester to fuerteventura - the return flight was delayed 20hrs)

111KAB

Kandm - just to let you know (in my case) the airline have not provided the information the Spanish NEB requested - they gave them 30 days to respond. The Spanish NEB have therefore itold me there is nothing they do to assist and have informed me, that in their opinion, the only way to resolve the matter is to commence court proceedings against the airline.

kandm_2

111KAB wrote: »

Kandm - just to let you know (in my case) the airline have not provided the information the Spanish NEB requested - they gave them 30 days to respond. The Spanish NEB have therefore itold me there is nothing they do to assist and have informed me, that in their opinion, the only way to resolve the matter is to commence court proceedings against the airline.

I kind of thought that may be the case - to be honest I wasnt expecting a reply from Spain as I thought things may get lost in translation. I did think the caa could have been more help though, seeing as I booked the holiday in the UK, was flying to the UK & it is also UK company!
I just hope that if there are enough complaints something might get done about TUI.

Mark2spark

RealCK wrote: »

cheers thank you

I have mentioned the issue surrounding a Hydraulic leak, being an Extraordinary circumstance to someone who is an aircraft engineer. TUI in theory would need to argue that maintaining and checking the Hydraulics on an aircraft, "is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin".

They have advised that

"Hydraulic checks will be done regularly as part of scheduled maintenance. Depending on the aircraft type, and company procedures. These will be specific and carried out on a daily or line check.
These would consist of a minimum of the following:-
Hydraulic fluid level checks,
System base pressure check,
Accumulator pressure checks,
Impending bypass checks,
and the brake packs would be checked for wear and any fluid leaking would be part of a pre-flight.

So TUI would not be doing the correct safety checks if none of the the above was done regularly or in a pre flight check.

In the claim of Extraordinary Circumstance they also advised me to try and get the following info from TUI,

1)A copy of the techlog detailing the defect and the previous half dozen flights.

2)Any details of when last scheduled base maintenance took place, and any specific work that was carried out on the component that failed.

3)Details of failed and replacement component (Part number, serial numbers, GRN/Batch numbers, dates fitted, MOD status)

4)If aircraft manufacturer are aware of any airworthiness issues (ie are there any specific Service bulletins etc. for that specific defect)?

Should I raise these points in an NBA or leave them for a later date?

Later date.
Just keep correspondence brief and to the point, there's no arguing with them. The type of stuff you have above is what you would show a judge in a contested claim.

Mark2spark

I've edited and added to post number two in order to hopefully make the explanation even clearer.

Camaro3

For everyone who has received Thomsons 2 year letter, the following may be of interest.


http://www.dtmlegal.com/2011/02/what-does-%E2%80%9Cwithout-prejudice%E2%80%9D-actually-mean/