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    • 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
    • bagand96
    • By bagand96 25th Jan 18, 7:56 PM
    • 2,942 Posts
    • 1,853 Thanks
    bagand96
    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
    gregb
    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
    • 181 Posts
    • 60 Thanks
    inspireme247
    Over 3 hours delay due to pilot seriously ill
    Hi

    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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    • inspireme247
    • By inspireme247 30th Jan 18, 2:26 PM
    • 181 Posts
    • 60 Thanks
    inspireme247
    I've posted my case against TUI via http://forums.moneysavingexpert.com/showthread.php?t=5785953

    Please can I have your opinion?
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    • jpsartre
    • By jpsartre 30th Jan 18, 2:41 PM
    • 3,745 Posts
    • 2,358 Thanks
    jpsartre
    As far as I know, the draft they refer to is made by the CAA, not the European Commision. You can find (non-binding) court rulings that claim crew illness is non-extraordinary and some that reach the opposite conclusion. It's a grey area and in these cases, the relevant question is usually going to be whether the airline took all reasonable steps to prevent the delay.
    • inspireme247
    • By inspireme247 30th Jan 18, 2:53 PM
    • 181 Posts
    • 60 Thanks
    inspireme247
    And also on the extraordinary circumstance it states short notice BEFORE the flight. But the pilot was seriously ill ON the flight while they were flying. So we had to fly back. So I don't think they have met the criteria because the pilot were already flying the flight. Do you agree with this?
    You will only fail to learn if you do not learn from failing.

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    • jpsartre
    • By jpsartre 30th Jan 18, 2:57 PM
    • 3,745 Posts
    • 2,358 Thanks
    jpsartre
    No, the fact that it happened after departure makes it more (not less) likely that the resulting delay is extraordinary IMO. But again, there are judges of the opinion that illness is non-extraordinary as it is an inherent part of running an airline. If you go to small claims court you just have to cross your fingers you get one of them
    • sclare
    • By sclare 30th Jan 18, 3:22 PM
    • 25 Posts
    • 51 Thanks
    sclare
    There is absolutely nothing that the airline could or should have done to prevent this delay. Consequently they will not be found responsible for it. It's just about the clearest example of an exceptional circumstance that I can think of.
    I hope the pilot was okay.
    • JPears
    • By JPears 30th Jan 18, 3:35 PM
    • 4,502 Posts
    • 1,230 Thanks
    JPears
    Agreed. A rare EC IMHO.
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    • tiddles93
    • By tiddles93 31st Jan 18, 10:06 AM
    • 20 Posts
    • 5 Thanks
    tiddles93
    Definitely extraordinary circumstances, I sincerely hope the 1st officer recovered.
    • jacqhale
    • By jacqhale 2nd Feb 18, 1:40 PM
    • 308 Posts
    • 415 Thanks
    jacqhale
    We had some good news this morning! Letter from the court saying as Thomson did not reply to the claim form they are being ordered to pay us our compensation, interest and expenses. Comes to about 1900 for the 4 of us, it was a Rhodes > Bristol flight back in May 2017. I have no idea how long it will take them to pay but it's a step in the right direction at least.
    • legal magpie
    • By legal magpie 2nd Feb 18, 3:59 PM
    • 1,012 Posts
    • 427 Thanks
    legal magpie
    It’s very unusual for Thomson to miss a court deadline. You can enforce the judgment whenever you like. You don’t have to wait for them to pay. Get the sheriff to levy on an aircraft!
    • JPears
    • By JPears 2nd Feb 18, 4:09 PM
    • 4,502 Posts
    • 1,230 Thanks
    JPears
    Did you apply for judgement by default?
    Remember Thomson could still apply for set aside, but they would have to provide the judge with good reasons.
    Time takne to get money?
    As long as you let them.
    You may need baliff/sheriff to get payment. Lets hope not.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • pfogg
    • By pfogg 6th Feb 18, 5:40 PM
    • 4 Posts
    • 0 Thanks
    pfogg
    Thomson flights
    Did anyone travel on the Thomson flight from Montego Bay to Manchester on 21st June 2012? If you did, have you got the flight number, and have you made a claim for the delay? Thanks
    • davestones
    • By davestones 12th Feb 18, 4:43 PM
    • 20 Posts
    • 8 Thanks
    davestones
    I have won a case against TUI on CEDR on 25 Jan and TUI uploaded a letter confirming this and asking for bank details. I sent these and it marked the case settled however they are yet to pay, I have also sent them a chaser email to their flight delay claims email addresss with no response.

    What is the next step in getting them to pay? Do I have to start a court action or is there any other mechanism I can twist their arm with? Social media seems useless as they have just referred me to their email address in the past!
    • smartly
    • By smartly 12th Feb 18, 6:54 PM
    • 96 Posts
    • 45 Thanks
    smartly
    Email their legal department, it has been posted before if you search.
    • JPears
    • By JPears 12th Feb 18, 10:26 PM
    • 4,502 Posts
    • 1,230 Thanks
    JPears
    Let CEDR know that they have not paid. They can't/won'tdo anything much. And then progress your complaint to the CAA.
    If you're new. read The FAQ and Vauban's Guide

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    • mooretr
    • By mooretr 14th Feb 18, 5:20 PM
    • 10 Posts
    • 3 Thanks
    mooretr
    Re Flight 616 BHX - LRM
    CEDR found in my favour this morning. CEDR process has been quite painless. Now to get them to pay up the compensation!
    • JPears
    • By JPears 14th Feb 18, 5:23 PM
    • 4,502 Posts
    • 1,230 Thanks
    JPears
    Good luck - see posts above!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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