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Thomson flight TOM022 to cancun 4th November - delay

Ash, United Kingdom
posts: 5
reviews: 10
Thomson flight TOM022 to cancun 4th November - delay

Was anyone else on this flight which was delayed for nearly 24 hours. Just had a letter from thomson refusing any compensation stating extraordinary circumstances. Am going to take matter further but just wondering how anybody else got on with claiming

46 replies to this topic
Bristol
posts: 448
reviews: 88
1. Re: Thomson flight TOM022 to cancun 4th November - delay

Hi, I wasn't on your flight but I am pursuing a comp claim with Thomson for a 24 hour delay. I've had a letter back refusing compensation so I've written to the CAA. If you go on moneysupermarket.com they have template letters and advice.

Liverpool, United...
posts: 34
2. Re: Thomson flight TOM022 to cancun 4th November - delay

What extraordinary cicrumstances ?

Was it bad weather, were other flights flying that day?

If it was mechanical then surely it's their own fault.

Ash, United Kingdom
posts: 5
reviews: 10
3. Re: Thomson flight TOM022 to cancun 4th November - delay

The plane coming into to gatwick was hit by lightening so they had to get another plane sent over from Birmingham, which had problems with the door so called for an engineer. By the time they had arrived and fixed it , the crew had exceed their hours so could no longer fly! In their letter they omit to mention all of these details but just state "'plane hit by lightening and needing a window replacing, therefore a new aircraft was used to replace it. This would be classed as extraordinary circumstances as this was an unforeseeable incident". I originally claimed on 9th December and its taken them nearly 4 months just to tell me this

Liverpool, United...
posts: 34
4. Re: Thomson flight TOM022 to cancun 4th November - delay

Make sure they provide evidence the plane was hit by lightening. But not sure what that has got to do with your flight.

If they can't repair a problem that occurred before your flight was scheduled, or get a replacement surely i doubt it falls under 'extra ordinary circumstances'.

Surely this is a poor reflection on Thomsons maintanence programme

posts: 3,200
reviews: 33
5. Re: Thomson flight TOM022 to cancun 4th November - delay

Surely this is a poor reflection on Thomsons maintanence programme

--

In what way?

Edinburgh, United...
posts: 7,355
reviews: 15
6. Re: Thomson flight TOM022 to cancun 4th November - delay

"In what way?"

In that you should expect the doors on their planes to be kept functional.

Portland, Oregon
Destination Expert
for Air Travel
posts: 15,317
reviews: 5
7. Re: Thomson flight TOM022 to cancun 4th November - delay

I would have to suggest that a lightning strike is an extraordinary circumstance. I agree that you should ask/demand (ie ask for proof of this), but if Thomson does provide the proof I'd say they won't pay, and they'd be prepared to see that claim go to court and fight it.

My opinion only, but I'd also think they'd argue that the replacement aircraft they tried to put on going mechanical is not relevant, as the whole sequence of events stemmed from the lightning strike. And I think they have a point, as if they didn't have a spare to try to bring into service, the malfunctioning door on that spare wouldn't be part of the discussion.

---> I don't work for Thomson or any airline. I don't really agree with the current 3 hour delay compensation (I think the new proposals for longer than 3 hours are much more reasonable). But I recognize your right to assert your rights. That said, there will be some cases where there actually are extraordinary circumstances.

Edited: 12:23 am, March 22, 2013
posts: 3,200
reviews: 33
8. Re: Thomson flight TOM022 to cancun 4th November - delay

"In what way?"

In that you should expect the doors on their planes to be kept functional.

---

How is that "a poor reflection on Thomsons maintanence programme"?

Faults happen, thats a certainty in life, doesnt mean their maintence programme has anything to do with it. You are attributing blame, with not a shred of evidence that Thomson had anything to do with it, equipment faults have, now that might the OEM's fault, but I'd like to see how you think its the airlines, because you cant just slag off companies, and insuate things about their mantainence programmes, with not a shred of evidence

Edited: 3:02 am, March 22, 2013
Portland, Oregon
Destination Expert
for Air Travel
posts: 15,317
reviews: 5
9. Re: Thomson flight TOM022 to cancun 4th November - delay

GEJP -

While agree to an extent with your earlier post, and I agree that in this case - assuming Thomson's statement about the lightning strike to be correct (and if I were in the OP's case I'd want a degree of proof) - the fact is that if an airline puts a defective aircraft into service - as scheduled - they can fall foul of the European LAW.

In this case - see #7 - my opinion (only mine) is that the plane with the bad door was a substitute aircraft for one damaged by an earlier extraordinary situation. Thomson was therefore attempting to bring another plane into service to >>help<< passengers, and it's unfortunate that it didn't work out. I don't think they should be punished for making a genuine attempt to help out given the earlier extraordinary case. Otherwise, why should they bother even trying?

Liverpool, United...
posts: 34
10. Re: Thomson flight TOM022 to cancun 4th November - delay

But when did the lightening strike take place? Was it in bound on another flight? Surely then that doesn't apply to this portion of the flight.

I mean if you were to take that line of defense, technically a plane could be hit by lightening 10 days ago, and still be out of service, surely that wouldn't make for extraordrinary circumstances.

When does this portion of the flight begin when it comes to insurance purpose. Fair play would suggest 3 hours before the flight takes off, before it's not the passengers responsibilities and it's the airlines fault. Anything that happens before 3 hours is the airlines problem and doesn't include this portion of flight.

Also, this is a common theme amongst airlines who cut corners on their maintanence, or don't have the resources around the country to fix a problem. If this was a major airline, dare i say they'd probably have problem fixed.

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