Thomson flight delay compensation and Thomson flight delays
Thomson Flight Delay Compensation is governed by EU law and at present the UK is governed by this legislation.
In fact there is case law that involves Thomson Airways. The case Dawson v. Thomson Airways Ltd was a landmark case, which was taken to the court of appeal in May 2014.
The Dawson v. Thomson Airways case sets a president, which in now binding in law for flight delay compensation claims in the UK. Originally Thomson were arguing a defense of extraordinary circumstances under Regulation EU 2612/2004. However, the case change direction and Thomson where claiming that as the claim was more than two years old, it was not a valid flight delay compensation claim.
However, the president set was that the Limitation Act 1980 was applicable in this instance, giving him 6 years to make a claim.
Extracts from the case Dawson v. Thomson Airways Ltd on Wikipedia
His Honour Judge Yelton said: “The issue in this case can be simply stated. It is whether the limitation period for a claim of this nature is (a) two years, as provided by the Montreal Convention of 1999 or (b) six years, as provided six years, as provided by S9 of the Limitation Act 1980. If it is for two years the claim fails, if it is six years the claim succeeds.”
His Honour Judge Yelton found Thomson Airways Ltd’s argument to be “specious” and found in favour of Mr Dawson stating:
“It seems to be me that if I apply the principles set down by the European Court, which are very clear, compensation under Article 7 is outside, not within, the provisions of the Montreal Convention and so in those circumstances the time limit is not fixed by that Convention but by the general rules: in other words it is 6 years. It seems to me that it is a bold submission on the part of the defendant that the court should not follow Moré, or perhaps more exactly that it should not follow its spirit.”
See link above to Wikipedia for this extract.
When Brexit has finalised and we leave the EU completely this will change. However, it’s likely that the UK will adopt the EU Flight Delay Compensation legislation and the compensation that applies currently will remain after Brexit.
What would Brexit mean for Thomson flight delay compensation?
After Brexit it is likely there will be no change other than it will be governed by UK law instead of EU legislation. Especially as we have integrated the law within our law system and presidents.
There is the bit in between, which at this stage I’m not even sure the politicians know what will happen. What I mean by this is at present the UK has triggered Brexit, so that after two years we leave. There is time whereby the UK will not have drafted its own legislation on many things where EU legislation affect us, which includes flight delay compensation.
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What does all this mean for Thomson flight delays?
Thomson flight delays on flights arriving to the UK and departing from the UK are all affected by EU flight delay compensation legislation. This EU legislation is contained in 261/2004 of the EU law.
What about Thomson flight delay compensation and how much are you due?
Thomson flight delays are specifically affected by the flight claim compensation legislation, as Thomson are an EU operator.
EU operated airlines like Thomson are responsible for flights departing from the UK and arriving to the UK. This means that for any flight which is delayed by more than three hours and falls in to the other criteria set out below, if you flew with them you would likely have a Thomson flight delay claim.
What are the criteria for a Thomson flight delay?
The criteria that have to be satisfied for a Thomson flight delay claim include the following:
- The flight must have a delayed arrival of more than three hours beyond the original scheduled arrival time.
- The delayed flight arrival time is deemed to be when the doors of the plane are opened at the gate, not when the plane first lands on the runway.
- The claim for Thomson compensation has to have been within the last 6 years to be eligible.
- The reason for the delayed arrival must be the fault of Thomson (see below).
- The distance of the flight has an impact on the amount of compensation paid. The amount of compensation Thomson may be liable for falls into the range of €250 to €600 per person.
What is deemed to be the fault of Thomson for a valid compensation claim?
For a valid claimed to be raised against Thomson airways, the fault responsible for the delay has to be that of Thomson.
The type of reasons that would be that of Thomson include the following:
- Flight crew sickness, which impacts the departure and subsequent arrival of the flight, where Thomson’s back up plan is not adequate.
- Flight crew lateness, which impacts the departure and subsequent arrival of the flight, where Thomson’s back up plan is not adequate.
- Technical faults with the aircraft would be deemed to be the responsibility of Thomson and create the circumstances for a valid flight delay claim.
What is deemed not to be the fault of Thomson for a flight delay compensation claim?
Rightly so, where the fault for the delay is outside of the control of Thomson, this would not make for a valid Thomson flight delay claim.
Here is a list of some reasons that may cause a delay, which would be outside the control and responsibility of Thomson:
- Bad weather, like a fog or a snow bound airport.
- Erupting volcanoes.
- Flight crew strikes.
- Bird strikes.
- Political unrest.
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How do I make a Thomson flight delay claim?
Thomson flight delay claims are best done by sending a recorded delivery letter to the company. Recorded delivery ensures that the receipt of the letter is recorded. This covers you in case the matter goes to court. Proof of delivery is vital.
Copies of your boarding pass and receipts for any disbursements, where relevant, should accompany the letter.
The address of Thomson can be found on their website. Your letter should include details of the flight, the length of delay and the amount of compensation you are claiming from them.
You may wish to read Thomson’s policy on flight delay compensation. However, the underlying law that governs any claim is the EU legislation. So no airline can exempt themselves from responsibility of flight claim compensation using the own terms and conditions.
However, it may be worthwhile checking Thomson’s procedure for making a claim. Follow these procedures, which will likely speed the process up.
Free flight delay compensation letters and compensation template to help with my Thomson flight delay compensation claim
If you would like to make your own claim for flight delay compensation. Perhaps you are doing some research, which is why you are on this blog post. You may need a bit of help with your flight delay claim.
That’s exactly why we created some free flight compensation letter templates. Plus free compensation flowcharts to help you calculate the amount of your claim.
We suggest you use this flight distance mileage calculator in conjunction with the compensation flowcharts.
What should I do if I don’t like to write letters, I don’t have the time or do not want the hassle of making a Thomson compensation claim?
If you have a flight delay compensation claim against Thomson and you don’t want to make the claim yourself, you can engage a company to do this on your behalf.
Most companies operate a no win, no fee service, which means there’s no financial risk to you. The company only gets paid when you get paid, so it’s in their interest to get the claim through.
Of course there is a fee for this type of service. Your compensation claim from Thomson will be reduced by their fee. However, you will be dealing with a company that has a specialist flight claims legal team. Their legal team are well versed in dealing with the airlines, which in this case is with Thomson.
Here’s a link to find out more: Flight Delay Compensation.
If you have any questions on Thomson flight delay compensation, please pop a comment in the box below. Please also feel free to comment below with your experience of a flight delay claim with Thomson.
You can also join the discussion on the Thomson Flight Delays Forum too.
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