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#794942 by barny69
04 Nov 2011, 18:03
Hi there

Our flight was delayed on Monday 31st Oct,, Bodrum - LGW
by. 24.1/2hrs
Thomson looked after my family fine ,hotel etc.

on our return to LGW in baggage hall we received a letter
saying ,sorry for the 23.55 hr delay

where do we stand on compensation. some one said 400euros pp?

Any help would be great.


Andy
#794947 by tontybear
04 Nov 2011, 18:39
This might help

Compensation will depend on the distance of the flight and the length of the delay.

Also it will also depend on the cause of the delay and it is was withing Thompsons control ot not.
#794959 by barny69
04 Nov 2011, 22:43
Hi, the plane arrived in bodrum on time, then the pilot noticed an oil leak, ,and an engineer was flown out from uk over night,with pates to fix it ,thomson gave us a letter to say plane went tech,
#794963 by tontybear
04 Nov 2011, 23:15
Then (sorry) I think your chances of getting any compensation are zero.

The EU regulations cover things under the airlines control and they could well argue that this was something outside of their control and was unexpected i.e. an extraordinary circumstance

Still nothing stopping you emailing Thomson and asking.
#794965 by tontybear
05 Nov 2011, 01:06
clarkeysntfc wrote:Surely the EU regs are there precisely for things such as this, where aircraft go faulty etc? Out of the airlines control is stuff like weather.


It was designed to stop airlines cancelling flights willy nilly for essentially spurious reasons that were within the airlines control.

The 'extraordinary circumstances' exemption has been in the regulations from the start. It was meant to cover just that i.e. issues that were extraordinary and could not be easily forseen - unfortunatly it was never clearly defined so the airlines often claimed 'extraordinary circumstances' for minor tech issues.

There is a case going to the European Court of Justice to clarify exactly what it means.
#794966 by Sealink
05 Nov 2011, 01:34
tontybear wrote:Then (sorry) I think your chances of getting any compensation are zero.

The EU regulations cover things under the airlines control and they could well argue that this was something outside of their control and was unexpected i.e. an extraordinary circumstance

Still nothing stopping you emailing Thomson and asking.


I think the opposite is true. There was a famous case a few years back between a passenger and Alitalia: AZ claimed that going tech was outside their control but court ruled it was very much in their control. Things like a widespread engine fault caused by manufacturering fault is classed as "extraordinary".

Details here
#794967 by tontybear
05 Nov 2011, 01:55
Yes but the issue has been referred back to the ECJ and it has yet to rule.

In the UK the High Court halted all pending cases until the ECJ had looked at the issue.
#794982 by stevebrass
05 Nov 2011, 10:46
Indeed there was as Court case involving Alitalia where the ruling is that technical problems that should be covered by routine maintenance are not extraordinary and so compensation should be payables. This is the case being appealed.

A key point is whether the flight was cancelled, in which case compensation ranging from 125 to 600 euros is payable, or whether the flight was delayed, in which case the above appeal kicks in.

Presumably this is why the Thomson letter talks about a delay.
Virgin Atlantic

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