Thompsons Solicitors, a leading UK law firm, intends to launch group action against Thomson Airways Limited after the airline sought to evade the Denied Boarding Regulations and offered passengers just £10 rather than up to £500 to compensate them for a 19 hour delay in a flight returning from Cancun to Manchester Airport.
The flight was delayed for over 19 hours as a result of Thomsons Airways’ failure to provide a complete set of passenger details to US Airspace for the flight, finally departing Cancun at 1813 (GMT) on Saturday 2 November 2013 and arrived at Manchester Airport at 0215 (GMT).
Thomson Airways Limited initially offered passengers a cheque for £10 by way of compensation, however under the Denied Boarding Regulations, passengers are actually entitled to up to £500 for a delayed long-haul flight.
The ‘token’ offer, which was extended to a £100 cheque upon refusal of the first reimbursement, also denied passengers their rights to claim for any additional expenses incurred as a result of the delay, including food and drink, hotel accommodation and loss of earnings.
The firm is currently acting for around 20 passengers affected and is appealing for any remaining passengers of delayed fight TOM195 from Cancun, Mexico to Manchester Airport which was scheduled to depart on Friday 1 November 2013 at 2300 (GMT) hours to get in touch with its team.
Nick Marriott, a passenger on flight TOM195 said: “Thompson Airways managed the situation terribly. After arriving at Cancun airport at around 1315 (CDT), we were left queuing at the check-in desk until 1800 (CDT) without any information. It was only after over five hours that Thomson Airways offered us bottles of water and started to suggest that the flight probably wouldn’t leave that night.
“After initially blaming a problem with the computer system, it transpired that Thomson Airways had made the rookie error of not giving all of the passengers’ details to the airport.
“The next day, after almost 20 hours’ delay, we finally took off in the early evening. The whole experience was a nightmare and a terrible way to end what had been a fantastic holiday in Mexico.
Martyn Gwyther, acting on behalf of the flight TOM195 passengers said: “Passengers of flight TOM195 were asked during the delay if they wanted to join a collective complaint by giving Thomson Airways Limited their email addresses, but since then they have had precious little correspondence – only some have received a phone call.
“The way in which Thomson Airways have treated their passengers is appalling, as were their attempts to get off cheaply by flouting their responsibilities under the Denied Boarding Regulation.
“Anyone who was affected by the delay and who has not accepted an offer from Thomson Airways can join our group action claim but must get in touch as soon as they can to prevent any delay in the commencement of the group action.”
If you were a passenger of Thomson Airways Limited flight TOM195 from Cancun to Manchester and have not yet been in touch with Thompsons Solicitors, please contact Martyn Gwyther by telephoning 01782 406 219 or emailing firstname.lastname@example.org