Ventura cruise N405A flight delay

[Mermaid5]

We were among the passengers aboard TOM 830 on March 1st which was delayed 6hrs at Birmingham on way to Barbados and Ventura cruise N405A . We undersatand that the flight the previous day from Birmingham to Ventura was also delayed for 8 hrs. We have written to Thomson to claim compensation in accordance with EU regulations but to date have not received a reply . Has anyone else contacted Thomson? and if so what response have you had - if any?

[BrianI]

This is a very useful guide to making a claim

http://www.moneysavingexpert.com/travel/flight-delays

 

Looks like you might be entitled to £500

 

Brian

[Mermaid5]

Thanks Brian , we have used the template letter but no reply from Thomson to date and we were wondering if any fellow delayed passengers had had any luck!

[Wwalbers]

Not sure you will get compensation of £500. I thought it only applied to scheduled flights whereas (I believe) these are chartered and a whole different set of rules

[BrianI]

Not sure you will get compensation of £500. I thought it only applied to scheduled flights whereas (I believe) these are chartered and a whole different set of rules

According to Money Saving Expert there is no difference between package holiday flights and scheduled flights.

The rate for delays of 4+hours and 3500+km is €600 (£500)

 

Brian

[pinktulipshopping]

We have written to Thomson as we were also on this delayed flight but have not heard anything yet either. We originally were told by P&O to write to P&O ,their response after 2 weeks was to tell us to contact Thomson.

[Mermaid5]

Hi ,pinktulipshopping-we have today received a reply from Thomson (and to add insult to injury they did not affix a postage stamp so I had to go to post office and collect it and pay 1.53p!) but it's as expected a refusal to pay, citing various judgements and stating that the delay sits under the umbrella of 'Extraordinary Circumstances' for which airlines do not have to pay out ! We will look into all of this when we can get a grasp on the jargon. :mad:I suspect you will have a similar reply.

[pinktulipshopping]

Thanks for letting me know that,yes we expect them to refuse but we are prepared to pursue it.They knew days before that the plane was not going to go on time so had time to put in place alternative arrangements ie in my opinion a new plane!

[Mermaid5]

Thank you for your reply. we too will be pursuing as their letter was full of contradictory statements in an attempt to make a case to deny compensation. I would be interested to know how you were aware that Thomson knew a couple of days before hand that our flight would be delayed?. As you say, this being the case they had ample time to put a different plane into service.

[Thejuggler]

The first reply is always a denial. You will need to pursue, moneysavingexpert has a forum with lots of advice and template letters.

[pinktulipshopping]

Hi,a Servisair employee at the airport told us the delay started earlier in the week with a flight to Cancun from Gatwick,this had a knock on effect to the Friday and Saturday flights to Barbados from Birmingham.Totally unacceptable way to run an airline in my opinion!

[Mermaid5]

Hi pinktulipshopping . We will reply to thomson saying we do not accept their arguments and tell them we are aware it was a knock on effect which had been judged in a court to not be an 'extraordinary circumstance' to get them out of paying up ! Will come back to tell you any response ! WE totally agree this is not an acceptable way to run an airline ' tho guess others are equally cavalier in their attitude to passengers!

[weliketocruise86]

After being turned down by Monarch airlines we contacted EU claim a no win no fee company who successfully handled our claim, subject to a deduction of the compensation.

[Cacashango]

Hello, We were on the same flight, sent our complaint to Thomson and received the standard reply back, that it was extraordinary circumstances with a whole load of legal and other jargon. We don't think it was that 'extraordinary' as someone else pointed out they knew it was delayed for 2 days before so had time to source another plane. What steps should we take now? Do we write back to Thomson or go straight to the CAA?

 

Keep us informed as to how you get on.

[terrierjohn]

You could be old and grey before any claim is finally settled and even then you are unlikely to win, so my advice is grin and bear it.

[Mermaid5]

hi Cashango -we will be writing once more to Thomson telling them that we are aware that they knew of delay to our flight well ahead of the Saturday and pointing out that their letter at airport gave entirely different reason for delay so seems a cynical attempt to pull wool over passengers eyes and get around the rules. We will also quote recent court case Easy jet v Jager where it was ruled that 'knock on effect ' is not an 'extraordinary circumstance' If no joy then we will refer all documentation and correspondence to CAA. keep in touch - we may succeed before we're old and grey! In any event, if nothing comes from CAA there are always the 'no win no fee 'companies route to go down.

[terrierjohn]

hi Cashango -we will be writing once more to Thomson telling them that we are aware that they knew of delay to our flight well ahead of the Saturday and pointing out that their letter at airport gave entirely different reason for delay so seems a cynical attempt to pull wool over passengers eyes and get around the rules. We will also quote recent court case Easy jet v Jager where it was ruled that 'knock on effect ' is not an 'extraordinary circumstance' If no joy then we will refer all documentation and correspondence to CAA. keep in touch - we may succeed before we're old and grey! In any event, if nothing comes from CAA there are always the 'no win no fee 'companies route to go down.

If the maximum payout is only £500 I doubt any no win no fee solicitor would be interested, but good luck with your efforts.

[Mermaid5]

Hi John we understood it was £500 per person and so I'm applying for myself and hubby. Hopefully we will get there especially if a few more join the cause. Enjoy your up and coming cruises !

[jay_pii]

Message to Mermaid5 and others who were delayed. We were on the Friday 28th Feb flight from Birmingham which was delayed by 8 hours and have just had the same standard reply as yourselves from Thomsons. We will also be pursuing it and will keep in touch on this forum.

 

The fact that as you say the letter at the airport stated different reasons to their posted letter should be a good starting point and everyone at the Airport was talking about the fact that the delay was known about several days in advance and were asking the question why we had not been informed earlier. Unfortunately I do not know where they got this information from.

[Mermaid5]

Hi jay-pii. Previous people on thread were told this by Servisair staff at Birmingham airport . Apparently it was a problem with a Dreamliner on the Gatwick to Cancun route which started the knock on effect . We have already replied to Thomson pointing out the discrepancies in the reasons given for delay and putting it to them that problems with earlier flights on different routes should not be counted as 'extraordinary circumstances ' hopefully if we all keep singing from same song sheet they may see the logic ! If we get a refusal again I will write back pointing out that we are aware that other people are also pursuing the question of compensation.

[WillisJewell]

We were also on the delayed flight- written to Thomson and received legalistic , complicated response.

Wrote as such to Thompson and referred on to CAA, opening a case file on line

Just waiting now as CAA say that they are very busy..... And will investigate in due course

[richleeds]

You could be old and grey before any claim is finally settled and even then you are unlikely to win, so my advice is grin and bear it.

 

They will pay up, at worst it will cost the claimant a few £ in stamps and some ink/paper. Daft not to keep going.

[richleeds]

If the maximum payout is only £500 I doubt any no win no fee solicitor would be interested, but good luck with your efforts.

 

 

Many no win no fee companies just work off templates and dont involve a solicitor save for writing the templates in the first place.

 

They are successful as once they have been handed the claim they pursue to the end, the airlines know this and know they cannot fob the no win off with legal jargon so they payout.

 

Also many no win firms will group claims together as a class action so it maybe 40 pax at £500 each which they take their 30% cut from.

[gfs1ram]

Many people have been successful with their rightful claims but Thomson and indeed all airlines initially deny liability.

It can take many months however.

My daughters have had to take Thomson to the Small Claims Court which seems to be the usual process, but it has been going on now for 18 months as Thomson continue to delay admitting liability. Seemingly there is a case Monarch have taken to the High Court which Airlines hope will go in their favour so then can avoid the payouts. Expecting settlement within next 2 months. Good luck and keep pursuing your claim.

[Mermaid5]

Hi , We have sent second letter to thomson and will contact CAA if no joy. Reading other replies it may be useful if we all band together with one letter to thomson eventually ? will keep all posted on any replies and thanks for all the feed back . Keep it coming!