Hi guys,

Mrs J and Traveller, we are talking about a new EU law that came into effect in February this year, basically saying that if an airline delays you by a certain amount of time, you can claim compensation from them. They seem to be using every excuse in the book not to pay out.

Rokerender, I have spoken to Ros's PA, who said they haven't come across this situation before, so doesn't know we stand. She suggested we speak to the Air Traffic Users Council. They only seem to have an answerphone message saying to write to them with all the details, but they will only take up the case if it's with a scheduled company, not charter.

So, still going round in circles. We've given up to be honest, I just don't have the time or energy or money to pursue it any more. I suspect that Thomson/Britannia have a good legal department who can get them out of most situations. They probably just want to wear us out so we can't be bothered to pursue it any more. It's worked in our case, but still sucks that they will get away with it. Again and again. This was the first package holiday that I've ever been on, and the last. Good luck though, keep posting about how you get on.

I suspect that Thomson/Britannia have a good legal department who can get them out of most situations. They probably just want to wear us out so we can't be bothered to pursue it any more. It's worked in our case, but still sucks that they will get away with it.

So don't let them. Irrespective of the new EU law, it still sounds like you may have a case against the tour operator for negligence and breach of contract, and letting them get away with it only encourages them to continue to behave like this towards other customers. If you don't want the hassle of chasing them yourself for compensation, then why not put it into the hands of a solicitor to chase on a no win, no fee basis?

Thanks to both Golden and Mrs J for their reply.I intend to go ahead through the courts - its less then £50 and the inconvenience of a trip to Durham is enough to put Tui off.
The Air Transport Users Council is a possibility and I will write to them on my return from holiday.

Thanks

Sorry Mrs J but I don't see a breach of contract.

...claiming for breach of contract and negligence against a tour operator

The carrier/tour operator is responsible for the provision of a flight from point A to B. This obligation was carried out - albeit with a delay and inconvience to golden.

I do feel sorry for people when fights are delayed for long periods. I've been at the end of them as well. I do however think you have to possibly draw a line under the event, chalk it down as a bad experience and move on. Life is too short to get wound up and waste time messing about over a compensation payment of a few quid.

Traveller - Please go away you are talking rubbish. Thank you.

Charming!

Mark

If you have'nt anything constructive to add please do not enter the forum.I am asking for help relating to this problem not petty bickering from those who are not really interested.

I don't intend to get into an arguement with you rokerender. You have posted on a public forum and asked for comments - and you have received them.

Good luck with your crusade!!!!

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Sorry Mrs J but I don't see a breach of contract.

Have a read through this, and see if it changes your opinion.

Bensusan v Airtours August 2001 on Appeal

http://northumbria.ac.uk/sd/academic/law/tlc/downloads/bens/

This particular piece of case law placed the onus on tour operators to prove in situations such as this not only that the delay was not their fault, but also that they took all reasonable care to ensure that the customer got to their destination on time. Taking all reasonable care in this case would include not just making sure that their own transport operated as scheduled, but also making efforts to get them on alternative transport to their destination provided by other carriers once they became aware there was a problem.

Life is too short to get wound up and waste time messing about over a compensation payment of a few quid.

I would agree. However, a claim such as this could be worth rather a lot more than just a few quid; it could be worth a tidy sum, depending upon the number of passengers involved and the judges inclination, should he decide that the tour operator had been economical with the truth about the cause of the delay to try and get themselves off the hook.

As for getting wound up about it, if dealing with this kind of thing gets to you, the solution is to simply hand it over to a solicitor and let them field the hassle.

Thank you Mrs J, your comments are very much appreciated. I am now closing for a couple of weeks for a hassle free holiday in Tossa de Mar with Thomson Holidays. ??