tourney timeouts - automatic?

My opponent has not made a move for 10 days in the MOAKT (sp?) tournament. According to the rules, the automatic timeout should have occurerd (agreed timeout period 7 days + tournament automatic timeout 2 days). His vacation indicator is on, but that is not supposed to affect automatic timeouts.

Should I claim victory? I don't want to be a jerk, but rules are rules. I was hoping the automatic timeouts would work so I wouldn't be thrust into this moral dilemna, but the timeout is not kicking in. How long should I wait before claiming victory?

I know this is a touchy subject as I was flamed for timing someone out before. I don't want to be verbally abused again.

Thanks to all replies.

My opinion, for what it's worth: shouldn't it be your decision? so what you going to do, if six say 'yes time him out, and four say no don't do it' you feel you've done the right thing by timing him out.

I'm not having a go here, but it should be you.
I personally would honour the vacation, even though in tournaments I don't have to, I think it's unsporting not to.

But I'm no saint myself, I T/O someone yesterday because after seven days no moves despite reminder sent - BUT he wasn't on vacation and was moving in his other games and more importantly, from looking at his games it's clear he also T/O's.

TO's while vacation setting is on is wrong.

One simply can't finish all his games exactly in time for a vacation. And i find it rediculous that people find it needed to claim during such a period. The only reason i'm not proposing to disable the claim ability on a vacationer, is because then you could use the setting to save a loss.

When claiming non-vacationers, i work harsher. I send a reminder once the claim button is there, and three days after i claim.