Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • maneek
    maneek Posts: 17 Forumite
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    My flight was delayed by 4 hours from LPA to GLA on the 25th of January 2014. I sent them a claim and they rejected it blaming technical fault as extraordinary circumstances. I know that incoming flight from Glasgow had some issues because i checked it on flight status web. Thats why our plane had been delayed. Thomson sent a fob off template letter(which is on this forum) to my friend in Germany who was flying with us. They did not even bother replaying to me. I was the sender of the complaint. Should I take them straight to the small claims court or should I complain first to Spanish Civil Aviation authorities?
    Thanks for any advice
    Regards
    Maneek
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
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    maneek wrote: »
    Should I take them straight to the small claims court or should I complain first to Spanish Civil Aviation authorities?

    You'll almost certainly have to go to court even if the AESA rule in your favour so I would go straight to there.
  • maneek
    maneek Posts: 17 Forumite
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    Thanks for a very quick and informative response David_e :)
  • Bolly8
    Bolly8 Posts: 16 Forumite
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    Many thanks 111KAB....Off I go!
  • vaughan.dj
    vaughan.dj Posts: 5 Forumite
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    maneek wrote: »
    My flight was delayed by 4 hours from LPA to GLA on the 25th of January 2014. I sent them a claim and they rejected it blaming technical fault as extraordinary circumstances. I know that incoming flight from Glasgow had some issues because i checked it on flight status web. Thats why our plane had been delayed. Thomson sent a fob off template letter(which is on this forum) to my friend in Germany who was flying with us. They did not even bother replaying to me. I was the sender of the complaint. Should I take them straight to the small claims court or should I complain first to Spanish Civil Aviation authorities?
    Thanks for any advice
    Regards
    Maneek
    Hi
    My Forum item is #4534 on Saturday. Exactly the same circumstances. I had the standard reply from Thomsons. I then challenged, still got a further standard shorter "deny everything" reply. Challenged again and copied all letters to the Spanish CAA in Madrid (awaiting their response) but Saturday had a response from Thomsons saying they would never change their position and if I write again they will ignore any letters from me!!
    Just waiting on the Spanish CAA now.
    By the way the UK CAA are not at all interested as the flight was from outside the UK.
    I am just about to put a new claim in to Thomsons/TUI/First choice for the Xmas flight delays/cancellations - its a shame they all go to the same address!!!
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    vaughan.dj wrote: »
    Challenged again and copied all letters to the Spanish CAA in Madrid (awaiting their response) ......
    Just waiting on the Spanish CAA now.



    Sorry to inform you whatever AESA Spain say this is not going to assist you a jot - it may slightly assist you in a court case but that's about it. Pointless waiting.
  • vaughan.dj
    vaughan.dj Posts: 5 Forumite
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    Hi
    Many thanks for your response. I must admit the tone of their letter really wound me up on Saturday, have slept on it now and will wait for AESA advice/comments and then re look at the cost of the court action. I would really like to hear of anyone who was on that flight, as there were a lot of people who were going to claim from Thomsons and it may give me a bit of encouragement to go on! I guess this is what they do best-deny everything in the hope no one claims.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    vaughan.dj wrote: »
    .....and will wait for AESA advice/comments and then re look at the cost of the court action.


    AESA normally take around 4 months as they give the airline a few chances to provide them with the information why your flight was delayed. There is no (legal) obligation for the airline to supply so they don't. So AESA then find in your favour (without comment) due to lack of response and so you now have a bit of paper saying that in their opinion the airline should pay. They don't so then you take them to Court and the Judge tells you that you have wasted your time with AESA as their 'bit of paper' means not a jot in a UK court.
  • vaughan.dj
    vaughan.dj Posts: 5 Forumite
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    This is the kind of inside knowledge we all need. I guess its all just a big waste of time in some ways. The airlines just have everyone over a barrel!!
    Also the big companies have such a monopoly - you think your travelling with one company and find its all part of TUI!
    Thanks anyway, still going to send off the complaint for First Choice just to give them something to do in their office.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    vaughan.dj wrote: »
    This is the kind of inside knowledge we all need. I guess its all just a big waste of time in some ways. The airlines just have everyone over a barrel!!
    Also the big companies have such a monopoly - you think your travelling with one company and find its all part of TUI!
    Thanks anyway, still going to send off the complaint for First Choice just to give them something to do in their office.

    Why not stop messing around and do something that will actually get you your money? Either start a legal action or hand it over to a NWNF company. If the former is too scary, do the latter with ease.

    The airlines only have you over a barrel if you let 'em put you there!
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