Ventura cruise N405A flight delay

[pinktulipshopping]

Hi,

We had our refusal letter at the end of last week from Thomson,probably the same as yours,contradictory explanations so we have written back saying we don't accept their use of extraordinary circumstances as a cause of our delay.Yes maybe getting a group together is worth thinking about.

[jay_pii]

Hi, we are about to follow up with a counter argument to Thomson and will report back.

[Mermaid5]

Hi to all who 've posted replies in this thread. I have today banked a cheque from Thomson for the sterling equivelent of 600 euros each for my husband and self in compensation for the delay . I also know of one other couple (who were on the Friday flight to the Ventura from Birmingham ) who have recieved the same amount. :) Thomson admitted that our complaint fell within the provisions of the Euro ruling covering compensation.

I assume some of you have recieved the same amounts -if not hang on in there and continue pursuing your case . Good luck. thanks for all the earlier posts . It will be interesting to know if any of you have had replies by now .

[pinktulipshopping]

Hi,

Thank you so much for letting us know that you have been successful in getting compensation,I'm so pleased for you. We are still waiting to hear,it went to the legal team on 19th May,we were meant to be told the outcome that week but no news yet! Feel very hopeful after hearing your news.

[pinktulipshopping]

My husband has just come home from work with the good news that Thomson phoned him today to say they will now pay us compensation. Thank goodness they are doing the right thing at last.

[Mermaid5]

Yes it goes a long way to restoring your faith in travel companies doesn't it? Hope your cheque in post soon. Thanks for responding . It's good to know and hopefully will give heart to those still waiting to hear . Enjoy any further cruises you may be taking.

[hammers]

Hi all, glad to hear your great news. I was on the Ventura when the people on the Birmingham flight were milling around the ship waiting for their flight home. I am now in a similar position, my wife and I went to Jamaica on the 24th April with Thomson, our flight was delayed by 7 hours. Our situation was very similar in that Thomson knew the day before that our flight would be delayed. I wrote to Thomson to claim my compensation and received the 'standard' letter blaming extraordinary circumstances. I have today gone to the CAA website and uploaded my complaint using their on-line form. Reading this post has given me hope that my claim will up-held. Would you all please keep posting any advice that may help others fight our corner.

 

Thanks

Terry

[Mermaid5]

Hi terry,

Have a look at the internet for court case Easy Jet v Jager which shows that airlines cannot refuse compensation for flights that are delayed where there is a 'knock on effect ' unless the same reason for flight delay is applicable to that later flight eg : if there were continuing worries about weather conditions at airport departure/arrival flight delays come under extraordinary circs and therefore no compensation but if delay to your flight was just operational issues they cannot refuse to pay . it would be wise to gather as much info as to why your flight was delayed and what happened to he earlier flights. keep at it and good luck.

[pinktulipshopping]

Hi Terry, we did not have to involve the CAA but refused to accept Thomsons initial explanation for denying us compensation.We wrote again to them,spoke to them by phone several times,it seems if you disagree with their response it has to be re assessed.You have to be persistent and patient.

 

As has been said find out all you can about the reasons for the delay,my husband used a site called flight aware so we were able to see journeys of the planes involved in the delay.We knew we were entitled to the compensation so felt hopeful Thomson would agree eventually.It has restored my faith in them and was worth the two and a half months of negotiation,we are to expect the cheque in 2 to 3 weeks time.

[hammers]

Thanks guys for your quick feedback. I have just composed another letter which I will be sending recorded delivery tomorrow. I have quoted the Easyjet Vs Jager case and also stated that they have 14 day's to resolve this matter before I get the legal ball rolling.

 

Terry

[jay_pii]

Thank you so much to those who have posted to say they have received the compensation from Thomsons for the delayed flight. We had intended to chase up after our original rejection and have been sitting on it without doing anything about it. I now feel heartened by the good news that a few of you have pursued the case and have received your compensation. Thank you so much for giving me the kick up the back side that I needed to fight on. I will let you know how I get on. Any tips and advice on how to word my next letter will be very much appreciated. I am hoping to get it done tomorrow.

[pinktulipshopping]

Hi,my husband said he did not accept their reasons that extraordinary circumstances caused the delay.He quoted 2013 Easyjet vs Jäger ruling that states 'knock on effect' to other aircraft does not constitute Extraordinary circumstances. Asked again for compensation in line with the Denied Boarding Regulations 261/2004. All his communication with Thomson was by email and also by phone though long waiting times to get through.Hope this helps.

[Mermaid5]

Hi Jay pil

All it took for us was two letters- and then TUI phoned us to say they would send a cheque . We sent one letter according to the templates provided on the caa site and had first letter from thomson rebutting our claim. we then replied pointing out that there were contradictions between the original reason given by Thomson at the airport and their first refusal letter and that in any event we knew that the real reason for delay was because of a knock on effect from problems with another plane on another route, (see previous postings in this thread) and that because of Easy jet vs Jager they had to pay out compensation as delay was due to operational issues which do not come under criteria of extraordinary circumstances . I've now written since recieving cheque to thank them for acknowledging our claim. I think you will get compensation if you just stick to this as it is a valid claim .

[hammers]

Hi,my husband said he did not accept their reasons that extraordinary circumstances caused the delay.He quoted 2013 Easyjet vs Jäger ruling that states 'knock on effect' to other aircraft does not constitute Extraordinary circumstances. Asked again for compensation in line with the Denied Boarding Regulations 261/2004. All his communication with Thomson was by email and also by phone though long waiting times to get through.Hope this helps.

 

Hi Pink tulip shopping, would you please advise the email address you used. it cost a fortune sending letters by recorded mail :-)

Thanks

Terry

[tuppence]

I think I may have had a phone call today that offers hope to all of us that suffered that awful delay. I will say more if the hope is fulfilled :)

[pinktulipshopping]

Hi Terry, it was through the Thomson website,as we submitted our claim in a contact us online form. As a result the email came back from a customer support person who dealt with our case so sorry can't help you with a specific email address.

[kevinyork]

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.

 

 

I wish people would do a little research before posting twaddle. Our flight back from New Orleans after our Ventura cruise a few years back was delayed 5 hours. We went through all the stages and were allocated a court date. Thomsons phoned us a week before the court date and settled with costs.

 

Our friends were delayed 12 hours on a flight back from a Royal Caribbean cruise and used a no win no fee company. They got 75% of the set compensation back with no work on their part.

 

Read moneysavingexpert before posting an uninformed opinion.

 

 

Sent from my iPad using Tapatalk

[hammers]

Hi Terry, it was through the Thomson website,as we submitted our claim in a contact us online form. As a result the email came back from a customer support person who dealt with our case so sorry can't help you with a specific email address.

 

Thanks pink for coming back to me. My recorded letter was received yesterday, I will give them a few days to digest then follow up with a phone call.

Terry

[hammers]

I wish people would do a little research before posting twaddle. Our flight back from New Orleans after our Ventura cruise a few years back was delayed 5 hours. We went through all the stages and were allocated a court date. Thomsons phoned us a week before the court date and settled with costs.

 

Our friends were delayed 12 hours on a flight back from a Royal Caribbean cruise and used a no win no fee company. They got 75% of the set compensation back with no work on their part.

 

Read moneysavingexpert before posting an uninformed opinion.

 

 

Sent from my iPad using Tapatalk

 

I couldn't agree more, this kind of negativity only plays into the hands of the airlines.

[tuppence]

We've had our cheque today! Just hope everyone on the plane knows about this! Think a few airlines might go bust though if the newspaper report is correct today that all delays are entitled to compensation!:)

[kevinyork]

We've had our cheque today! Just hope everyone on the plane knows about this! Think a few airlines might go bust though if the newspaper report is correct today that all delays are entitled to compensation!:)

 

 

Wel done on winning your claim. Its delays over 3 hours that are eligible. Two days ago a major case brought by Jet2 was lost. They claimed that a delay caused by a technical fault was an exceptional circumstance and therefore compensation was not due. The high court disagreed saying technical faults are part of an airlines normal operation and are not extraordinary.

 

Many airlines have denied claims on this basis and now face an influx of claims.

 

 

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Edited June 13, 2014 by kevinyork
added

[jay_pii]

Hi mermaid and others who have posted regarding this delay. We still haven't received anything from thomsons, they sent an email after receiving our second letter, saying it may take more than two weeks to look into this. Surely if others on here have received compensation from the same delay, we should also receive it. Any comments would be gratefully received. I am not hopeful about getting it.

[kevinyork]

Hi mermaid and others who have posted regarding this delay. We still haven't received anything from thomsons, they sent an email after receiving our second letter, saying it may take more than two weeks to look into this. Surely if others on here have received compensation from the same delay, we should also receive it. Any comments would be gratefully received. I am not hopeful about getting it.

 

 

No you will get it. They have acknowledged your claim and now the are two high court cases against airlines they have no choice. There may be an appeal to the Hussar case (technical issue) but to date it hasnt been submitted. You will win but if the administration is too much then use a no win no fee solicitor such as bott &co.

 

 

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[Mermaid5]

Hi mermaid and others who have posted regarding this delay. We still haven't received anything from thomsons, they sent an email after receiving our second letter, saying it may take more than two weeks to look into this. Surely if others on here have received compensation from the same delay, we should also receive it. Any comments would be gratefully received. I am not hopeful about getting it.

Hi Jay -pil .Don't worry -as Kevinyork says they will have to pay out inview of agreeing the validity of other claims on same flights and the latest court cases. They haven't refused you -simply said it will take a few weeks to look into. We sent two letters to them and received a similar phone call (they did not have an e mail address for us~) but received our cheque before two weeks elapsed. Simply acknowledge their e mail saying you note they are looking into your claim and that you expect an early reply stating the amount of compensation due to you in accordance with the european ruling . don't give up and don't get despondent -my guess would be that they have many claims from fellow passengers on both flights to and from the ventura on those dates , not to mention many more following the recent court rulings ,which will mean their claims department is very busy right now!

[jay_pii]

Thanks folks, much appreciated. I was wondering if they were trying to come up with an excuse before they pay any more people or if my wording wasn't exactly as required. I will keep you posted .