We were on this flight, and are having problems claiming any compensation for the 20 hour delay. Insurance company won't pay out, because the Britannia's letter of explanation was not worded exactly as their policy booklet is, and airline is refusing to pay out because it was allegedly out of their control. They also claim the new EU compensation legislation that came into force the day we were meant to be flying is not valid, due to "extraordinary" circumstances. I lost a days pay because of the delay, and so obviously want some compensation.
Anyone else on that flight had any luck clainming from anyone? I am going to get the airline to write me another letter, but wandered if there is anything else we can do.
do you know why the flight was delayed and whoose fault it was this can rule out who has to pay the compansation, also did you take out excess waiver on your insurance policy if you didnt, when you make an insurance claim you will lose an excess which means its somethimes not worth claiming as you could end up owing the insurance company money
sorry i cant help more
courtney
sorry i cant help more
courtney
Hmmm I'd suggest you ring Ros Fernihough on 01922 621114 as you seem to be going round in circles and being passed from pillar to post. She will offer you free legal advice and point you in the right direction regarding your rights.
Thanks for the replies. The plane was hit by a truck whilst on the ground at Gatwick, and could therefore not fly as they couldn't repair it. Insurance company are saying that this isn't "mechanical breakdown". They say they would have paid out if the airline letter actually said the words "mechanical breakdown", rather than "unable to operate". Petty, but I will get the airline to write me another letter. We have no excess on the insurance, it's an annual policy that runs out next month, and we certainly won't be staying with the same company for next year.
I will call Ros too, thanks for the help. I was just wandering if anyone else on the same flight had managed to claim under the new EU regulations, as that could help our case.
I will call Ros too, thanks for the help. I was just wandering if anyone else on the same flight had managed to claim under the new EU regulations, as that could help our case.
Golden in our safe and sound brochure (written by Ros travel law solicitor) on page 17 is the section on the new ruling (you can print off a copy from my signature) and I notice this bit at the end:-
It would appear that unlike the rules concerning delays, airlines will be able to avoid paying compensation for cancellations if they are due to exceptional circumstances which could not be avoided by them taking reasonable action - this could include bad weather and strikes by Air Traffic Control, Political instability or Terrorists threats. However it does NOT include technical problems on aircraft -
The same thing happened to the above flight from Gatwick on 24th. They stated the aircraft had been damaged the previous week and this caused a 22hour delay and a wet night in Brighton?
I have since contacted Brittania Customer Services but the lady?, chewed me up and spat me out! and told me Company policy stated that I had to use my Insurance to claim.
I am about to start a complaint process through Thomson Holidays and also inform my Insurance Company(a private works scheme).
I will follow your actions closely, if you could keep me informed . Thanks
I have since contacted Brittania Customer Services but the lady?, chewed me up and spat me out! and told me Company policy stated that I had to use my Insurance to claim.
I am about to start a complaint process through Thomson Holidays and also inform my Insurance Company(a private works scheme).
I will follow your actions closely, if you could keep me informed . Thanks
Seems to be a trend apparently our flight tcx128l from gatwick on the 23rd of feb was hit by a truck on the ground causing a 26 hour delay. Either they need to sack or retrain their ground crew or think up some different excuses 
Thanks for that Glynis. And Rokerender, how bizarre that the incident at Gatwick was still causing problems a week later! They managed to get a plane out to Goa the next day, surely they could have sorted out a plane for your flight earlier, as they knew what the problem was. I wrote a strongly-worded letter this week to Britannia, also saying that I was taking legal advice over the EU compensation thing. Will let you know how we get on.
They keep going on about "extraordinary circumstances", I would like to know their definitions policy.
They keep going on about "extraordinary circumstances", I would like to know their definitions policy.
We are having the same problem with Thomson after a 17 hour delay to Cuba on 23rd Feb. We were due to fly to Cuba with First Choice although we booked our holiday with Thomson. They used our plane instead to fly passengers who had already been delayed over 36 hours to Mexico!
Thomson seem to be using this get out clause to avoid paying out any compesation ''EXTROIDINARY CIRCUMSTANCES'' The Safe and Sound booklet states that mechanical problems etc can not be classed as this. Obviously Thomson do not know this or are ignoring this. I will continue with my claim and keep you posted.
Thomson seem to be using this get out clause to avoid paying out any compesation ''EXTROIDINARY CIRCUMSTANCES'' The Safe and Sound booklet states that mechanical problems etc can not be classed as this. Obviously Thomson do not know this or are ignoring this. I will continue with my claim and keep you posted.
oh my god, that is rediculous. to keep on using the same excuse.. good luck evryone that is trying to get some form of compensation back
Golden
I believe you have contacted Ross regarding your position, Have you asked Ross to take on your case?
This could turn into group litigation, tour operators tend to get the shakes
when dealing with group litigations.
On a personal note, I would not be wasting anymore time corresponding with them, you have given the tour operator 
sufficient opportunity to respond.
If it were possible, after taking legal advice, I would strongly consider sending a solicitor's letter.
Good luck
Driver02
I believe you have contacted Ross regarding your position, Have you asked Ross to take on your case?
This could turn into group litigation, tour operators tend to get the shakes
when dealing with group litigations.On a personal note, I would not be wasting anymore time corresponding with them, you have given the tour operator
sufficient opportunity to respond.If it were possible, after taking legal advice, I would strongly consider sending a solicitor's letter.
Good luck
Driver02
Thanks Driver. I am waiting to get a reply back from Britannia after my last letter to them. If they don't accept responsibility for the delay then I will be calling Ros immediately. Unfortunately we aren't in touch with anyone else from the journey to pursue group litigation, that's why I posted here, looking for others!
Benniebaby and Rokerender, keep posting when you get any more news, I will too.
Benniebaby and Rokerender, keep posting when you get any more news, I will too.
For the information of Golden and others
I wrote to both Britannia and Tui UK(who I booked with). Tui replied informing me that they would look into the matter and contact me soon-thats seems ok.
Britannia wrote to me telling me what a wonderful company they were and that the new EU Regulations did not apply to these circumstances and that they would provide no compensation. I'm sure this is the type of letter that we all recieve. If anyone would like a copy please PM me so we can compare notes as they say.
Letter number two will be going to Britannia, with a little stronger language and threats of County Court.
I intend to contact Ros when the process develops a little further.
Happy Holidays
I wrote to both Britannia and Tui UK(who I booked with). Tui replied informing me that they would look into the matter and contact me soon-thats seems ok.
Britannia wrote to me telling me what a wonderful company they were and that the new EU Regulations did not apply to these circumstances and that they would provide no compensation. I'm sure this is the type of letter that we all recieve. If anyone would like a copy please PM me so we can compare notes as they say.
Letter number two will be going to Britannia, with a little stronger language and threats of County Court.
I intend to contact Ros when the process develops a little further.
Happy Holidays
Don't forget to send a copy of your second letter Britannia to TUI, as they are their parent company! GOOD LUCK.
Thanks for your advice. At present they are not talking to each other but there again Britannia don't want to talk to anyone, apart from telling everyone what a good company they are.
Rokerender, we got the same letter from Britannia. They did send me another letter which included the phrase"mechanical breakdown" so we can at least claim something from our Insurance company, but haven't responded at all to the threats of taking legal action. I have spoken online to a couple of people who work in the travel industry, and they believe that since the incident was out of Britannia's control (because it was a 3rd party that crashed into the plane) then it can indeed be classed as "extraordinary circumstances". I think this means we don't stand a chance. I will call Ros if I get a chance this week.
Hi golden and all just to let you know our insurance company have autherised the standard delayed flight compensation because the letter we received from thomas cook said 'mechanicle breakdown' so although the amount you will probably receive will not recompense the anguish the delay caused it will be better than nothing at all
Hi Golden
I could understand this in your circumstances but for our flight it was a week later and therefore surely not extraordinary then.
As far as insurance is concerned, my company states it only covers inbound flights -the small print strikes again.
I will continue and let you know the result.
I could understand this in your circumstances but for our flight it was a week later and therefore surely not extraordinary then.
As far as insurance is concerned, my company states it only covers inbound flights -the small print strikes again.
I will continue and let you know the result.
Just to update you all. I have wrote three times to Tui Customer Services and the response is the same -NO COMPENSATION. I've hit a brick wall and they will not talk to me.
I intend now to proceed to the County Court and claim compensation. I did this many years ago with Olympic/Odyssey Holidays and found the procedure fair and fairly simple and I won.
I will accept any advise on recent Court procedure that anyone can offer so please email me or post it here. (I'm off for a couple of weeks to Spain ,with Thomsons again ???, so I'll reply asap).
All advise will be gratefully received, but no stupid comments. Thanks
I intend now to proceed to the County Court and claim compensation. I did this many years ago with Olympic/Odyssey Holidays and found the procedure fair and fairly simple and I won.
I will accept any advise on recent Court procedure that anyone can offer so please email me or post it here. (I'm off for a couple of weeks to Spain ,with Thomsons again ???, so I'll reply asap).
All advise will be gratefully received, but no stupid comments. Thanks
-
Edited by
Rokerender
2005-06-05 22:15:33
What are you hoping to claim?
Travel insurance would normally only pay £10-£20 pp for a delay of this length.
Travel insurance would normally only pay £10-£20 pp for a delay of this length.
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