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    • Gemini9
    • By Gemini9 9th Jan 18, 6:41 PM
    • 2 Posts
    • 0 Thanks
    Technical problems with the plane flying out they said. Thanks, Iíll look a5 the Thompsonís thread
    • mooretr
    • By mooretr 10th Jan 18, 8:32 PM
    • 10 Posts
    • 3 Thanks
    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?
    • bevans
    • By bevans 11th Jan 18, 3:56 PM
    • 5 Posts
    • 0 Thanks
    ABTA will not help either!!!

    Query: Thank you for contacting ABTA.

    It appears that the company has acted in accordance with their booking conditions, which forms the basis of your contract.

    Providing you are given a flight between your departure and arrival on the date that has been contractually agreed, there are no steps that ABTA can take on your behalf.

    ABTA Customer Support Team

    All I asked of them was to tell me when the flight times were altered

    So does anyone have an idea as to where I can get this information please

    • JPears
    • By JPears 11th Jan 18, 4:05 PM
    • 4,030 Posts
    • 1,106 Thanks
    If you were only informed whilst you were on holiday ie with less than 2 weeks notice, you are most likely due compensation.
    Any more than 2 weeks notice then no compensation is due.
    The onus is on TUI to prove that they informed you earlier than 2 weeks notice.
    Time for an NBA.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 11th Jan 18, 10:14 PM
    • 1,569 Posts
    • 697 Thanks
    Changes/delays etc to package flight times are covered under EC216 as follows.

    2.2.6. Scope of the Regulation in relation to the Package Travel Directive.

    Article 3(6) and Recital 16 of the Regulation stipulate that it also applies to flights within a package tour, except where a package tour is cancelled for reasons other than cancellation of the flight.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • cletus1
    • By cletus1 12th Jan 18, 9:19 AM
    • 33 Posts
    • 10 Thanks
    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)
    • agrinnall
    • By agrinnall 12th Jan 18, 9:21 AM
    • 20,709 Posts
    • 16,548 Thanks
    I had to use Bott & Co to persuade Aer Lingus to stump up the statutory compensation for my delayed arrival, it means not getting the full amount but something is better than nothing and they are pretty successful at winning these cases, generally before court action is needed.
    • JPears
    • By JPears 12th Jan 18, 10:57 AM
    • 4,030 Posts
    • 1,106 Thanks
    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
    Flight delay
    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
    • 11,370 Posts
    • 7,458 Thanks
    Thomson thread is here
    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
    Thank you x
    • gregb
    • By gregb 22nd Jan 18, 7:50 PM
    • 4 Posts
    • 0 Thanks
    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
    • 3,380 Posts
    • 2,166 Thanks
    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
    • 4,030 Posts
    • 1,106 Thanks
    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
    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
    • 3,380 Posts
    • 2,166 Thanks
    nba = notice before action.
    • gregb
    • By gregb 24th Jan 18, 6:33 PM
    • 4 Posts
    • 0 Thanks
    I downloaded the guide. I'll give it my attention over the weekend and start the ball rolling
    • bagand96
    • By bagand96 25th Jan 18, 7:56 PM
    • 2,892 Posts
    • 1,807 Thanks
    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.
    Thomson are not getting away with anything. The EU law is clear, you claim against the operating airline. You may feel that Thomson are liable but that is not the case. Volotea are.

    Your flight was a Volotea flight with a VOE flight number. When you book Thomson holidays from Southend they tell you Volotea will operate the flight.

    If the flight had been on Thomson Airways, on a TOM flight code, your claim would be with Thomson Airways (point of note here as well - it would be Thomson Airways liable - not Thomson Holidays. Same name, same group, but different companies). This is perhaps where the confusion with the CAA came from? Did you explicitly tell them you were on a Volotea flight?

    Anyway, the rest of the advice here is sound. Claim against Volotea, following the various guides here. It may be a long road, t may well be quite complicated with an airline based in Spain. But as you say you are entitled to it.
    Last edited by bagand96; 25-01-2018 at 7:59 PM.
    • gregb
    • By gregb 25th Jan 18, 8:11 PM
    • 4 Posts
    • 0 Thanks
    Yes the CAA were informed. It was all in black and white and they provided the link to CEDR, so that's the route i went.
    But thanks for clarifying. I'll start the process rolling over the weekend
    • inspireme247
    • By inspireme247 30th Jan 18, 2:11 PM
    • 177 Posts
    • 60 Thanks
    Over 3 hours delay due to pilot seriously ill

    I created a ticket on CEDR against TUI due to over three hours delay on the flight turning back home after the pilot was seriously ill.

    I have got a response from TUI who denied the compensation due to the extraordinary circumstances under Regulations 261/2004.

    Their letter can be seen below, it sounds like I don't have a good case unless you think I still should have compensation? It states:

    Thank you for taking the time to contact us regarding your flight delay claim.

    In a limited number of circumstances Regulation 261/2004 of the European Union now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM7106 East Midlands to Zakynthos and our delay handling logs show that the flight was delayed due to the first officer becoming unwell after departure, and required hospital treatment. A replacement was crew member was found.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.
    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even
    if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. For the reasons set out above, the claim for compensation of £707.66 pursuant to the Denied Boarding Regulations is denied.

    Once again, thank you for taking the time to contact us.
    You will only fail to learn if you do not learn from failing.

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