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    • cletus1
    • By cletus1 6th Jan 18, 1:51 PM
    • 32 Posts
    • 10 Thanks
    cletus1
    Hi

    I was on the flight from MBJ and as you say the flight dirvertrd to Bermuda to transfer a passenger to hospital I have no medical opinion on this as I am not qualified to do so

    However after a hard landing in Bermuda the flight developed a technical fault and by the time this was resolved the crew had gone over their hours

    After the passenger was removed the captain told us that they would refuel and then carry on to Birmingham shortly afterwards they discovered a technical fault we sat on the runway for ages and where then transferd to a hotel
    Last edited by cletus1; 06-01-2018 at 2:18 PM.
    • cletus1
    • By cletus1 6th Jan 18, 2:34 PM
    • 32 Posts
    • 10 Thanks
    cletus1
    • legal magpie
    • By legal magpie 6th Jan 18, 5:56 PM
    • 889 Posts
    • 392 Thanks
    legal magpie
    Sounds like the delay was caused by the technical fault not the passenger issue. If, having dropped off the disruptive passenger, if such be the case, they!!!8217;d set off immediately, a claim would be dubious. The test is what caused the delay, not what started it off.
    • Tyzap
    • By Tyzap 6th Jan 18, 8:53 PM
    • 1,446 Posts
    • 657 Thanks
    Tyzap
    Hi Cletus1,

    Thanks for your post and clearing things up.

    There is no doubt now that the original medical delay was caused by an EC, which exempts the airline from any compensation liability to passengers on that inbound flight.

    With regard to the technical fault which followed. This would not qualify as an EC, so much may depend upon how much time was attributed the medical emergency. However, it does seem that the technical fault caused the majority of the delay so compensation may be due.

    You could put your flight details into one or two online flight delay calculator to see if they believe you have a valid claim for compensation.


    Good luck.
    Last edited by Tyzap; 07-01-2018 at 12:26 AM. Reason: For clarification
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • cletus1
    • By cletus1 7th Jan 18, 9:57 AM
    • 32 Posts
    • 10 Thanks
    cletus1
    The passenger was removed from the flight shortly after landing in Bermuda within 20 min

    As for the time to divert, can!!!8217;t say with any accuracy but we where flying over Bermuda (triangle) at the time
    • mooretr
    • By mooretr 7th Jan 18, 2:15 PM
    • 10 Posts
    • 3 Thanks
    mooretr
    TOM616 (BHX -LRM) and TOM637 (MBJ - BHX)
    Hi Cletus1,
    I have replied to Tui, mentioning that the plane set off late from MBJ to start with not allowing the time to accommodate the exceptional circumstances.

    I have quoted Wallentin (2009) and Eglitis (2011) as court rulings to support that they did not make reasonable efforts to reduce the delay.

    Am happy to share my letter as a PM with you, if you want it.
    • cletus1
    • By cletus1 7th Jan 18, 2:46 PM
    • 32 Posts
    • 10 Thanks
    cletus1
    We where never told what the technical problem was
    Perhaps the flight left MBJ with a known fault that got worse ?

    Tui have not responded to me as of yet
    • mooretr
    • By mooretr 7th Jan 18, 2:50 PM
    • 10 Posts
    • 3 Thanks
    mooretr
    Cletus 1,
    Can you confirm that your flight took off late in the first place.....also were you on the cruise?

    I have tried opening your Tui letter, but can get no further than seeing a thumbnail!
    • mooretr
    • By mooretr 10th Jan 18, 8:32 PM
    • 10 Posts
    • 3 Thanks
    mooretr
    TOM616 (BHX -LRM) and TOM637 (MBJ - BHX)
    Having been refused a claim by Thomson a second time,
    I have been referred to CEDR.

    Anyone else in the same position yet?
    • cletus1
    • By cletus1 12th Jan 18, 9:19 AM
    • 32 Posts
    • 10 Thanks
    cletus1
    CEDR isn't a court of law, so it isn't guaranteed to actually uphold EC261 (or whatever other consumer protection law is at stake)
    • JPears
    • By JPears 12th Jan 18, 10:57 AM
    • 3,777 Posts
    • 1,046 Thanks
    JPears
    CEDR is an adjudication service.
    Whilst legally trained, we have seen a recent case where it would appear that the adjudicator was clearly wrong on a fundamental aspect of the regulation and therefore the law.
    Fortunately you are still able to follow the legal process if you have a valid case and an ADR fails you.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ClaireB73
    • By ClaireB73 21st Jan 18, 10:52 AM
    • 2 Posts
    • 0 Thanks
    ClaireB73
    Flight delay
    Hi
    Back in July 2016 my flight from Bristol to santorini was delayed 21 hours, booked with Thomson, Iíve had a few responses saying they are dealing with my enquiry but have not had no responses from them now for 12 months???
    • Caz3121
    • By Caz3121 21st Jan 18, 12:17 PM
    • 11,279 Posts
    • 7,396 Thanks
    Caz3121
    Thomson thread is here http://forums.moneysavingexpert.com/showthread.php?t=4384699
    I suggest you also search for Vauban's Guide (google) grab a coffee and have a read
    • ClaireB73
    • By ClaireB73 22nd Jan 18, 7:52 AM
    • 2 Posts
    • 0 Thanks
    ClaireB73
    Thank you x
    • gregb
    • By gregb 22nd Jan 18, 7:50 PM
    • 4 Posts
    • 0 Thanks
    gregb
    Help needed please
    Hi everyone. New to the forum so will try to make this as short as possible.
    7 of my family including myself went to Majorca last September 2017 (6 adults, 1 child). This was a package holiday booked with Thomson. The flight however was with Volotea and flew from our local airport in Southend Essex. The holiday was for 7 days.
    The flight was supposed to leave at 11am, but because of a technical issue with the aircraft we never got in the air until 7.30pm that evening. I'm not exaggerating by saying that it was one of the most stressful days I have ever encountered. We never got to the hotel in Majorca until midnight when we should of been there by 2pm.
    The next day I lodged a complaint to the Thomson rep. This, I was told could take up to 2 months to be acknowledged. She also stated that it wasn't really Thomson's fault and although I would be eligible for compensation I would have to claim through Volotea, even though I never booked the flight with them? I decided to contact Volotea also and they told me that it was not them who was responsible for compensation but Thomson. I decided to wait and see what Thomson replied and after 2 months they said that because it was a chartered flight it had nothing to do with them and I would have to claim through Volotea....You are getting the picture!!
    Once again I went to Volotea, who after a few emails again stressed it was not their problem. I had to claim through Thomson.
    After becoming extremely frustrated I tried first of all this site (Money savings expert), but for some reason Volotea is not listed as an airline so I couldn't use the resolver online tool as it would not let me continue without entering a valid airline.
    I then went to the Civil aviation authority and after starting a complaint online with them I was told that they couldn't do anything regarding Thomson as their disputes were handled by a company called CEDR. I was given a link to these and was told that these would help me. CEDR are a dispute resolution service.
    I then had to upload any evidence I had of the delay, any emails, documents, information of the day etc etc. At first I was told that I didn't have enough evidence (obviously a registered delayed flight from a major airport isn't solid evidence?) so after trailing through my emails I managed to find some more correspondence with both Thomson and Volotea and uploaded this. CEDR then said that I had provided enough evidence, so they would now need evidence from Thomson. 2 weeks later Thomson provided in basic terms the email they had previously sent me after 2 months, saying that it was not them at fault but Volotea.
    Again after 2 weeks CEDR said they were going to take up my case and appoint an adjudicator. I would get a decision on my compensation claim within 2 weeks.
    Today I got a response from the adjudicator saying that they have not upheld the claim for compensation. They have stated that Thomson is not at fault and no compensation is to be paid. They then stated that I had the right to try and claim through Volotea.
    I am now extremely frustrated and feel like I am hitting my head against a brick wall. This isn't a small amount of money. Its nearly £1500 which I am entitled to by law. It seems that no one is willing to help even though every site I look at states I am able to claim this compensation.
    In my opinion I believe Thomson are at fault. They chartered the Volotea aircraft. I never had a say in it. Surely Thomson would of been paid a penalty for that late flight? Wouldn't claiming the compensation from Volotea on the passengers behalf be the right thing to do by Thomson. Our contract is with them?!
    As it stands I am now nearly five months down the line and back at square one. Can anybody help me? I really don't want to go down the route of using a no win no fee service. Why should I pay 30% of what I'm owed to someone else when everywhere I look it says its easy to claim compensation for free??
    Please help.......
    • jpsartre
    • By jpsartre 22nd Jan 18, 8:13 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    Any claim for EU compensation is against the operating carrier, i.e. Volotea. There's no point pursuing your claim with Thomson or asking them for help, they're a 3rd party in an issue that's betwen you and Volotea.
    • JPears
    • By JPears 22nd Jan 18, 8:27 PM
    • 3,777 Posts
    • 1,046 Thanks
    JPears
    Welcome.
    Lets start at the end.
    Your last statement about claiming compensation is easy? Forget that. Most airlines will fight tooth and nail to avoid paying out.
    You have already experienced this with Thomson and Volotea blaming each other in the hope you will give up and go away.
    And that the CAA are useless.
    Unless we know the intimate contract between Volotea and Thomson, I suspect you claim is against Volotea. It is usually the operating airline that are at fault and liable for your claim.
    You need to downlaod Vauban's most helpful guide. Use the template letters to raise a claim against Volotea. Forget resover, it is just a letter writing exercise.
    Don't give Volotea any quater. Issue you claim with a 2 week deadline for payment then send your NBA. Then you will need to start legal action via the small claims court (or ESCP if Volotea don't have a registered office in the UK) if you don't receive your compensation.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • gregb
    • By gregb 23rd Jan 18, 7:50 PM
    • 4 Posts
    • 0 Thanks
    gregb
    Thanks for the response people.
    Ok, so i download this guide and use the template letter but can you clarify 'nba'? I am not familiar with that abbreviation.
    I still struggle to see why Thomson get away with it? If that was any other form of contract (because thats what a package holiday is) they would be responsible? But hey ho.
    It seems the CAA are rubbish as it was those that led me to believe Thomson were at fault by passing my complaint to CEDR.
    • jpsartre
    • By jpsartre 23rd Jan 18, 8:08 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    nba = notice before action.
    • gregb
    • By gregb 24th Jan 18, 6:33 PM
    • 4 Posts
    • 0 Thanks
    gregb
    I downloaded the guide. I'll give it my attention over the weekend and start the ball rolling
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