Thomson Complaint

[RADBROOK]

Below is a brief summary of what occured last week. Any help and advice would be most welcome.

 

Flight - Alicante to Birmingham (return leg of package holiday)

 

Scheduled Dep - 0935 GMT 23/3/2010

 

Actual Dep - 0905 GMT 24/3/2010

 

Reason for delay - Actual wording from Thomson :

 

"Due to the adverse weather conditions in Alicante the aircraft operating your flight had to divert to another airport on its outbound flight from the UK. As a result the crew exceeded their legally permitted working hours and were required to take rest on arrival in Alicante. The flight was operated the following day at the earliest oppurtunity"

 

Course of events:

 

Arrived at airport around 0815 CET - flight showing as on time, departure time changed 3/4 times, cancelled around 1700 CET.

 

Taken back to Benidorm by coach, arrived around 2130 CET.

 

 

Are we entitled to any compensation for loss of earnings etc?

[honeybee13]

Hello there and welcome to CAG.

 

If I read your post right, you were delayed by just under 24 hours? The air crew comment is fair, assuming it was true.

 

Are you covered by travel insurance? I don't know about compensation, hopefully someone will. If your holiday was with Thomson, you might want to check the ABTA website to see if there's any advice.

Edited March 28, 2010 by honeybee13
typo, oops.

[PGH7447]

did they put you up? if yes then they have fulfilled their obligation

[RADBROOK]

Hello there and welcome to CAG.

 

If I read your post right, you were delayed by just under 24 hours? The air crew comment is fair, assuming it was true.

 

Are you covered by travel insurance? I don't know about compensation, hopefully someone will. If your holiday was with Thomson, you might want to check the ABTA website to see if there's any advice.

 

Thanks for the welcome and your reply.

 

Yes, we were delayed by just under 24 hours.

 

Surely any organised company would have staff on stand-by to cope with such instances?

 

We are covered by travel insurance. I will check the ABTA website.

[RADBROOK]

did they put you up? if yes then they have fulfilled their obligation

 

Yes.

 

Forgive my ignorance, but is it as straightforward as that?

[PGH7447]

I believe so, also did they provide refreshment at the airport etc

 

from the abta website

 

Delays

 

My flight was delayed by six hours. What can I expect from the airline as recompense?

If the flight’s cancelled or delayed more than five hours, and the EC’s Denied Boarding Regulations apply, the airline should offer you a refund of the flight cost, or an alternative flight. The refund is of the flight cost only, not the holiday price if the flight is part of a package holiday.

If the EC’s Denied Boarding Regulations don’t apply, you’re entitled to the assistance and recompense set out in the airline’s conditions of carriage or the tour operator’s booking conditions

[honeybee13]

Hello guys. PGH, I believe there are international regulations for the airlines, aren't there? I can't remember the title or convention that applies, but you probably do?

 

HB

[honeybee13]

PGH, our messages crossed, but is there an internation convention as well as EC rules?

[PGH7447]

thompsons T&C's

 

Passenger delays

In the case of Passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for Passenger delay is limited to 4,150 SDRs (approximately £3,300).

 

 

 

ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS

9.1 SCHEDULES

9.1.1 The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.

9.2 CANCELLATION, REROUTING, DELAYS, ETC.

9.2.1 We will take all necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.

9.2.2 Except as otherwise provided by the Convention or the applicable law including, without limitation, EU Regulation 261/2004, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or cease to operate a route, we shall, at our option, either:

9.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or

9.2.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of travel without additional charge. If the fare and charges for the revised routing are lower than you have paid, we shall refund the difference; or

9.2.2.3 make a refund in accordance with the provisions of Article 10.2. 9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 9.2.2.1 through 9.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you.

[Cityboy62]

Below is a brief summary of what occured last week. Any help and advice would be most welcome.

 

Flight - Alicante to Birmingham (return leg of package holiday)

 

Scheduled Dep - 0935 GMT 23/3/2010

 

Actual Dep - 0905 GMT 24/3/2010

 

Reason for delay - Actual wording from Thomson :

 

"Due to the adverse weather conditions in Alicante the aircraft operating your flight had to divert to another airport on its outbound flight from the UK. As a result the crew exceeded their legally permitted working hours and were required to take rest on arrival in Alicante. The flight was operated the following day at the earliest oppurtunity"

 

Course of events:

 

Arrived at airport around 0815 CET - flight showing as on time, departure time changed 3/4 times, cancelled around 1700 CET.

 

Taken back to Benidorm by coach, arrived around 2130 CET.

 

 

Are we entitled to any compensation for loss of earnings etc?

 

Radbrook

 

EC 261/2004 applies to this situation. See here: EUR-Lex - 32004R0261 - EN

 

Under article 9 you are entitled to 'care' from the airline. This includes meals/refreshments in addition to 2 phone calls/emails/faxes. If the delay leads to an overnight stay, then the airline should either book you into accommodation and transport you to/from that accommodation or, if not, then do so yourself and claim the costs back (copies of receipts should be forwarded with your claim.

 

You may also be entitled to compensation for your delay. This right arises from the Sturgeon judgement from November 2009 which gave the same right to compensation to those pax who were delayed in reaching their final destination by more than three hours as to those who had their flights cancelled. See here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0402:EN:HTML

 

The airlines can still cite 'extraordinary circumstances' in their defence to compensation claims under arts 5 & 7 but the onus is on the airline to prove this to you (if necessary in a small claims court).

 

There have been a number of successful claims brought by pax against airlines who initially claimed that weather was a cause of their delay/cancellation and therefore that they didn't need to pay compensation. Increasingly, the courts have found in favour of passengers as the airlines seem to claim the 'extraordinary circumstances' defence extraordinarily frequently!

 

See here for existing, ongoing, past and successful 261/2004 claims: Flight Mole Forum - Powered by vBulletin

 

Good luck whatever you decide to do.

 

Cityboy62

[RADBROOK]

Thanks for the replies.

 

The fog cleared fairly early in the day. Thomson flights were arriving during our lengthy 'visit' to the airport.

[RADBROOK]

City,

 

I can't get onto the travelmole site; any chance that you could copy a post relevant to my situation on here, please?

 

I also note, on another thread, you refer to a 'complaints letter template' from the same site; again, any chance a of copy here, please?

 

Sorry to be a pain.

 

Many thanks for your help to date.

 

R