Flight delay and cancellation compensation, Thoms...

[Centipede100]

I am starting this thread for those claiming flight delay or cancellation compensation from Thomson.

Any posts regarding any other airline in this thread will be ignored (at least by me).

[Centipede100]

FAQs

All blue words are links to relevant posts.

WARNING
Please read these FAQ's and guidance, together with the MSE article in order to discover useful information before you ask a question!

What to do next after reading the FAQ's.

Airline bust = no claim

The claim is against the airline, not the travel agent, not the package holiday company.

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.... but check out the corrections to the (inaccurate) MSE article:

MSE article corrected

Flight Stats Check your delay length time (you may have to register)

'Which!' draft letter to set the ball rolling Start off your claim
Alternatively:

CAA Template letter Standard claim letter to initiate a claim

After denial of your claim, issue 14 days notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days notice before court claim.

Small claims time limitIts 6 years in the UK
European court press release on time limits to claim It's the time limit in each member state, which in the UK is 6 years.

Package holiday flights ARE covered.

Regulation261\2004
CAA Denied boarding
Right to Care
CAA contact details

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
EC's explained yet again

Thomas Cook address, phone number, and email address
Thomas cook incident Oct 26 2012

Thomson address
Emirates Airlines address

KLM Claim form
Ryanair address
Ryanair Irish appeal explained
How to combat Ryanair using the English Court System
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address

Compensation per person + Monarch email
Monarch Claim form

European small claims court forms How to issue a court claim against a foreign airline with no UK address

Airline claims 2 years maximum to claim The UK time limit is 6 years, - that's the Law

Judgement on 22nd NOV confirms the limit is whatever applies in the Country - UK is 6 years

Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment - The ECJ Grand Chamber ruling on the 23 October 2012

Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours

MCOL : Link to the Court Forms

[mshopeful]

Hi
I wrote to Thompson on 08/11/12 re a flight from MAN on 10/10/08 which was delayed by 10 hours. Today I received forms from them to be completed prior to their investigation. With my letter I enclosed a copy of the booking confirmation and receipt. The form says that I need to attach my boarding passes, which I did not keep. Is it just Thompson that have asked for these as I can't find a mention of this in any other posts? They say the claim forms will be returned if not fully completed so its looks as though I can take this no further. Have you heard of any similar situation?
Regards
mshopeful

[Centipede100]

Originally Posted by mshopeful

Hi
I wrote to Thompson on 08/11/12 re a flight from MAN on 10/10/08 which was delayed by 10 hours. Today I received forms from them to be completed prior to their investigation. With my letter I enclosed a copy of the booking confirmation and receipt. The form says that I need to attach my boarding passes, which I did not keep. Is it just Thompson that have asked for these as I can't find a mention of this in any other posts? They say the claim forms will be returned if not fully completed so its looks as though I can take this no further. Have you heard of any similar situation?
Regards
mshopeful

Std response form the airline and it is unreasonable to ask for boarding passes so long after the event.

[Mark2spark]

I would write back with a LBA if they do not proceed with your claim based on the information and documentation supplied.
Be aware that should it go to court, you will be asked by the airline to prove that you were on the flight.
I'm currently investigating the possibility that UK border control can supply port of entry on a certain date details.
Although an alternative stance, in court, would be to place the onus on the airline to 'prove' that you wasn't on the flight.
It seems rather perverse to me, that the airline, who hold the check in details anyway, would withhold evidence from the court, if asked or not.

[mshopeful]

Thanks for your responses. I hope I don't sound foolish, but what is the LBA you mentioned?

[enc10]

I have completed my thomson form without the boarding passes and hope they process it.

[Old Traveller]

I complained about this flight when we got home as we had a 24 hours 41 minutes delay (plane went 'technical' half way down the runway on take off

Well now thanks to MSE and the template letter they now have a request for delay compensation as well as my expenses.

Thanks for the template

John.

[Centipede100]

Originally Posted by mshopeful

Thanks for your responses. I hope I don't sound foolish, but what is the LBA you mentioned?

Linked on the FAQs above - Centipede100 template letter.

[Gooseman41]

I believe I have two claims for delayed flights which I can make. We were delayed six hours returning from Cancun to Gatwick, and 24 hours flying from London Gatwick to Cancun. Both of these flights were in 2010 and 2011. Both reasons for delays were down to scheduling and planes being in the wrong location which caused delays. It was not down to weather!!!

I will send my letters in today. Des this sound like it meets the designated criteria?

Thanks

[Centipede100]

Originally Posted by Gooseman41

I believe I have two claims for delayed flights which I can make. We were delayed six hours returning from Cancun to Gatwick, and 24 hours flying from London Gatwick to Cancun. Both of these flights were in 2010 and 2011. Both reasons for delays were down to scheduling and planes being in the wrong location which caused delays. It was not down to weather!!!

I will send my letters in today. Des this sound like it meets the designated criteria?

Thanks

It does sound as if you have 2 claims. Make sure you read all the linked posts in the FAQs before starting your claim as it may help you to avoid making mistakes in your claims and avoid you asking questions already answered before.

[mykola45]

I booked a package hol with Thomson last
Sept for this Sept with Day flights

Thomson have now altered these flights to
later flights at night by 7hrs 15min
out and 5hr 15 min return

These are no good to me and I had to re-book
for another day at a further �300 cost

They say they can alter the flights anytime they
want

[Percyandbob]

We had a 5 hour delay on a flight june 26th 2012. I complained as soon as we returned home as it meant we lost half a day of our week holiday they turned us down. In October I then wrote referring to the EU legislation and they have now sent me a claim form after me chasing them. They want our boarding passes. And unless we send them the form will be returned. Not many people keep their boarding passes so fe,el it is an avoiding tactic by them. Anyone else making a claim for this flight TOM 30 gatwick to montego bay? Percyandbob

[jamesh]

Originally Posted by mykola45

I booked a package hol with Thomson last
Sept for this Sept with Day flights

As the flights are yet to occur they are not delayed, so nothing to do with this.

However try their Facebook page, they may be more helpful.

http://facebook.com/Thomsonholidays

Chances are the terms and conditions that you agreed to when you booked actually allow them to do this. Dig them out and see what they say.

[richardw]

Originally Posted by mykola45

I booked a package hol with Thomson last
Sept for this Sept with Day flights

Thomson have now altered these flights to
later flights at night by 7hrs 15min
out and 5hr 15 min return

These are no good to me and I had to re-book
for another day at a further �300 cost

They say they can alter the flights anytime they
want

Are the flight numbers the same?

[Mark2spark]

Originally Posted by Percyandbob

We had a 5 hour delay on a flight june 26th 2012. I complained as soon as we returned home as it meant we lost half a day of our week holiday they turned us down. In October I then wrote referring to the EU legislation and they have now sent me a claim form after me chasing them. They want our boarding passes. And unless we send them the form will be returned. Not many people keep their boarding passes so fe,el it is an avoiding tactic by them. Anyone else making a claim for this flight TOM 30 gatwick to montego bay? Percyandbob

I've already replied to you on your previous thread in the other section.

[Reue]

Recieved a reply from the CAA in which they stated;

'I have written to Thomson for further information, the pilot being ill while in a foreign country may be outside of the airlines's control'.

My understanding was that even though the pilot being ill may be outside their control.. having a suitable standby pilot available is within their control and therefore a delay caused by this is not an exceptional circumstance?

[Mark2spark]

Might be worth pursuing a line similar to: Please state the medical attention that the pilot received... etc
although this might well be stonewalled as being too much personal info to reveal.

[mykola45]

Yes the flight numbers are the same

2250 7.15 am changed to 14.30pm
2251 12.30pm changed to 19.45pm

[Centipede100]

Originally Posted by jamesh

As the flights are yet to occur they are not delayed, so nothing to do with this.

However try their Facebook page, they may be more helpful.

http://facebook.com/Thomsonholidays

Chances are the terms and conditions that you agreed to when you booked actually allow them to do this. Dig them out and see what they say.

The flights booked by mykola45 were scheduled to arrive earlier than the airline is now stating, that means they will be delayed and mykola45 will have a claim for delay compensation if they so wish.

Alternatively, as the flight timings have been changed by more than 5 hours, mykola45 could legitimately cancel the booking and demand a refund.

Although the Ts and Cs may allow for changes to be made, Ts and Cs do not override EU law.