Compensation for delayed flights Discussion Area

delvey

Ive decided to take Thomson to the small claims court, Which address would I need to send the court forms to?

ian41

delvey wrote: »

Need some advise please:
I was due to fly from Manchester Airport to Ibiza on Friday 1st July at 23:30 with Thomsonfly, on flight TOM2592
Approximately 10-15 minutes before departure time, we were informed the flight was cancelled due to, and I quote, "Unable to get a flight crew"
We were told that hotels were being arranged and the flight was being re-arranged. Those with children were given hotel accommodation fairly quickly, however nobody else was. After an hour or so we were told the flight had been re-arranged to Saturday 2nd July at 09:00, and they were still trying to organise transport to our hotel.
After a further hours wait in the airport, we were still waiting for transport, and this is when some of us inquired about vouchers for drinks or food etc.
These were provided some time later.
At approximately 3:00 on the 2nd July we were told that no transport could be found, and that at 4:00 we would be escorted to passport control, and to pick up our luggage so we could check back in.
We did the above, checked-in and was provided vouchers for food (£10 per person) and then proceeded back to the terminal for our flight.
My question is, would this be classed as a cancellation? The flight number remained the same, the flight information screens did not show it was cancelled. They showed go to gate then disappeared. However the Manchester airport iPhone App showed it was cancelled. I am going to claim off thomsonfly for a cancelled flight, as we had to leave the terminal and recheck back in. And what could I do about not being provided accommodation for the night?
Thanks in advanced

Have you contacted Thomson? What did they say? How much are you claiming? Did you send a Letter before Action? You might find the previous three posts to be of interest. Until you know that you are doing the right thing, suggest you hold fire.

Ive decided to take Thomson to the small claims court, Which address would I need to send the court forms to?

If you decide to proceed, then its your local County Court assuming you live in England or Wales. Of course, there is MCOL but you will know that.

delvey

ian41 wrote: »

Have you contacted Thomson? What did they say? How much are you claiming? Did you send a Letter before Action? You might find the previous three posts to be of interest. Until you know that you are doing the right thing, suggest you hold fire.



If you decide to proceed, then its your local County Court assuming you live in England or Wales. Of course, there is MCOL but you will know that.

Thanks, have read the previous three posts as well.
Thomson were sticking with the flight was delayed not cancelled, even though numerous sources suggest otherwise.

I am claiming for the 400 euros per person under EU 261/2004

The CAA have stated that any information provided at Manchester airport is not the responsibility of Thomson, and therefore are backing them.

The most annoying thing is, that they told us they were providing us with accommodation. When they turned round and said they werent, we asked to leave Manchester airport, which they refused. We were forced to wait in the terminal for over 8 hours with no food or drink vouchers provided.

The address I mean is to fill on the N1 claim form. I think it is there registered office however cannot find it, i have there after travel customer service address then

richardw

What are the differing TOM flight numbers?

delvey

Flight was TOM2592 on the 1/7/2011

richardw

If the flight numbers don't differ, it is highly likely that it will be regarded as a delay, perhaps best to wait for the outcome of the Sturgeon judgement.

ian41

delvey wrote: »

Thanks, have read the previous three posts as well.
Thomson were sticking with the flight was delayed not cancelled, even though numerous sources suggest otherwise.

Who were the numerour sources and where did they get their information? This is critical to you because if it is a delay you are wasting your time and money until the ECJ has handed down its clarification of the Sturgeon judgment. What written reason for the cancellation or delay did Thomson give you when you wrote to them? Remember, you have said that the CAA have agreed with Thomson.

The most annoying thing is, that they told us they were providing us with accommodation. When they turned round and said they werent, we asked to leave Manchester airport, which they refused.

Under EC Reg 261/2004 there is no basis for reclaiming for accommodation unless you spent money on a hotel which you did not. Maybe you should be making an ABTA complaint about Thomson?

We were forced to wait in the terminal for over 8 hours with no food or drink vouchers provided.

Sorry but you do need to be a little careful here - you said in your first post that you were provided with £10 vouchers per person - now you are saying nothing was provided? Any claim needs to be factually correct so recheck your N1 form, remove all emotion and stick to facts that can be substantiated.

The address I mean is to fill on the N1 claim form. I think it is there registered office however cannot find it, i have there after travel customer service address then

I believe that this might be the address you need

THOMSON AIRWAYS LIMITED
TUI TRAVEL HOUSE
CRAWLEY BUSINESS QUARTER
FLEMING WAY CRAWLEY
WEST SUSSEX
RH10 9QL
Finally, you may be right or wrong about the cancellation but one general word of caution. Unlike scheduled flight operators who may cancel flights for different reasons most tour operators delay rather than cancel flights because they have other parts of the package to fulfil - hotels, transfers - so flights have to leave because they also have passengers to return to the UK in the same aircraft.

If you do proceed with legal action, please ensure that you have researched it fully and know what to expect. Check out some of the pre-court tips and experiences at www.flightmole.com - a website that specialises in claims for flight cancellations/delays.

delvey

ian41 wrote: »

Who were the numerour sources and where did they get their information? This is critical to you because if it is a delay you are wasting your time and money until the ECJ has handed down its clarification of the Sturgeon judgment. What written reason for the cancellation or delay did Thomson give you when you wrote to them? Remember, you have said that the CAA have agreed with Thomson.



Under EC Reg 261/2004 there is no basis for reclaiming for accommodation unless you spent money on a hotel which you did not. Maybe you should be making an ABTA complaint about Thomson?



Sorry but you do need to be a little careful here - you said in your first post that you were provided with £10 vouchers per person - now you are saying nothing was provided? Any claim needs to be factually correct so recheck your N1 form, remove all emotion and stick to facts that can be substantiated.



I believe that this might be the address you need

THOMSON AIRWAYS LIMITED
TUI TRAVEL HOUSE
CRAWLEY BUSINESS QUARTER
FLEMING WAY CRAWLEY
WEST SUSSEX
RH10 9QL
Finally, you may be right or wrong about the cancellation but one general word of caution. Unlike scheduled flight operators who may cancel flights for different reasons most tour operators delay rather than cancel flights because they have other parts of the package to fulfil - hotels, transfers - so flights have to leave because they also have passengers to return to the UK in the same aircraft.

If you do proceed with legal action, please ensure that you have researched it fully and know what to expect. Check out some of the pre-court tips and experiences at - a website that specialises in claims for flight cancellations/delays.

Thanks for the advice. The sources where from Manchesterairport website, flightstats website, the euclaims website and a flight status app for my iphone. The flightstats website shows the exact time it was deemed cancelled. I was 50/50 whether to wait for the ECJ review but think I will wait, as I think it will improve my chances.
They did not actually state they backed Thomson, just that any information provided by there ground crew could be mistake
In regards to meal vouchers, these were only provided when I caused a fussed at check-in the following day. And I understand about the who tour package situation

How would ABTA provide any support in regards to being stuck in the airport/no accommodation provided? as i thought they dealt with the actual package side as things such as hotels etc.

The statement I made about being stuck in the airport is true, they would not allow us to leave, but I suspect that is nothing to do with 261/2004, and will leave that for another day

richardw

delvey wrote: »

I was 50/50 whether to wait for the ECJ review but think I will wait, as I think it will improve my chances.

Even if it goes in favour of the passengers, it is highly likely that Thomson may say 'Extraordinary circumstances' and refuse compensation.

Do you have the 'unable to to get a flight crew' reason in writing from Thomson?

delvey

richardw wrote: »

Even if it goes in favour of the passengers, it is highly likely that Thomson may say 'Extraordinary circumstances' and refuse compensation.

Do you have the 'unable to to get a flight crew' reason in writing from Thomson?

No, they did put in writing that the plane had a technical problem, which they also told us at the airport
The ground crew did say they had another plane, but no crew for it