Compensation for delayed flights Discussion Area

Janiepops

After some advice. Last year we flew with Thomson to Turkey. Our return flight was delayed by 38 hrs. We were told this was due to technical issues with the flight and parts and an engineer had to be flown out to fix it. I have written to Thomson, who have said the delay is classed as "extraordinary circumstances" I wrote back to contest explaining my case that they have a huge fleet and would surely have local engineers and parts etc. they have FINALLY replied still firm that it is "extraordinary circumstances" and that they are not obliged to divulge any further details about the flight!

Is this worth pursuing or do I have no claim?

Vauban

Janiepops wrote: »

Is this worth pursuing or do I have no claim?

On the basis of what you have said, I would say you appear to have a claim. But it may take quite a bit of effort on your part, including legal action, to realise that claim. Is it worth pursuing, you ask: that has to be your call.

blondmark

Janiepops wrote: »

After some advice. Last year we flew with Thomson to Turkey. Our return flight was delayed by 38 hrs. We were told this was due to technical issues with the flight and parts and an engineer had to be flown out to fix it. I have written to Thomson, who have said the delay is classed as "extraordinary circumstances" I wrote back to contest explaining my case that they have a huge fleet and would surely have local engineers and parts etc. they have FINALLY replied still firm that it is "extraordinary circumstances" and that they are not obliged to divulge any further details about the flight!

Is this worth pursuing or do I have no claim?

Thomson have a definite legal obligation to divulge full details of their defence and are in breach of the Civil Procedure Rules for failing to do so.

Generally technical difficulties do not constitute extraordinary circumstances (see wallentin-hermann v. alitalia (c-549/07)), and on that basis you should issue a county court claim against Thomson.

wakeyisfresh

Hi, this is the first ever time i've posted in a forum so I apologise if it's in the wrong place but I just wanted to let people know that I have today received an email from Thomas Cook containing a £703 compensation voucher. This was after sending a letter of complaint (using Martin's template) for our flight in 2009 (I think) from Turkey to Manchester that was delayed around 8.5hours. There were 2 passengers in my party (£351.50 each). I didn't expect the process to go so smoothly but T.C. were very prompt and helpful. Thanks Martin!!

steveacky

I used the template letter to claim compensation for a 4.5 hr delay with Thomas Cook from Manchester to Holguin, Cuba. They replied within about 5 days to say they had opened an investigation and would be in touch. I waited exactly 2 weeks before e-mailing them enquiring how my case was going, stating that it was straight forward & if I did not get a satisfactory result to my case within 14 days, I would take it further & may take it to court. I received an e-mail a few days later with a voucher for £525 each. (£1050). Well done to Thomas Cook for their prompt response & thanks Martin. It will go towards another great holiday next year as it is valid for 12 months.

steveacky

Write back to them stating your intention to contact the CAA and will take the case to court if they do not reconsider their decision.

lolpotts

I was delayed for about 5 hours in July 2005 with air Malta, I put in a claim the first week of June 2013 and have not heard anything, Has anyone had correspondence from air Malta.

Caz3121

lolpotts wrote: »

I was delayed for about 5 hours in July 2005 with air Malta, I put in a claim the first week of June 2013 and have not heard anything, Has anyone had correspondence from air Malta.

would expect a rejection if you ever hear back from them but they will likely just ignore you as they will know you are out of time to take any action...6 years England, 5 years Scotland....as per the FAQs

Mark2spark

D'ya know, I don't feel any guilt whatsoever about not answering out of time or thomson 2 yr limit posts anymore

JPears

steveacky & wakeyisfresh plants and dud "stories"? 2 TCs simultaneous and without a fight or procrastination? hmm.....I smell a rat:cool: