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Flight delay and cancellation compensation, Thomas Cook ONLY
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Has anyone taken TC to court and won? I'm currently undecided whether to do a NWNF or court... Claim is for €3000 so it would be a big chunk to give up.0
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Family of four went to Tunisia in July outward flight delayed overnight, around a 15hr delay, put up in hotel by Thomas cook,
filed claim on return, they accepted liability and offered vouchers to the value of £1308, requested cash instead. transferred into my account last week.
We had no problems what so ever with the claim, don't understand why most people do, our plane needed a spare part which was delayed in getting to Gatwick, engineers were working on it but pilots hours ran out of time.
I'm assuming the part required wasn't extraordinary.
Well worth the effort of claiming0 -
Hi
I made a claim with Thomas Cook regarding being delayed overnight. Initially TC said no it was a safety issue and no compensation would be paid. I then asked the CCA to look into my claim.
They have responded and said that TC have reviewed their initial response and now will contact me and discuss compensation with me.Has anyone any idea of how long TC will take? Is there a timeframe that I have to give them before I contact them?
Thanks
Stripes.0 -
They have responded and said that TC have reviewed their initial response and now will contact me and discuss compensation with me.Has anyone any idea of how long TC will take? Is there a timeframe that I have to give them before I contact them?
Thanks
Stripes.
No time frame. And - unfortunately - probably no compensation either. The CAA can't make the airlines pay, even when (in the minority of cases) they take the side of the passenger. I do hope you get to prove me wrong, but a letter from the CAA generally means jack all. Given TC a call and find out!0 -
They have responded and said that TC have reviewed their initial response and now will contact me and discuss compensation with me.Has anyone any idea of how long TC will take? Is there a timeframe that I have to give them before I contact them?
If you have read some of the posts on the forum you will see that airlines will often ignore what the CAA say. Assuming your flight wasn't such a long time ago that you are approaching a deadline for taking legal action, you could give them a couple of weeks. Assuming that full compensation isn't forthcoming in that time, I'd be tempted to send an NBA (referring to the CAA correspondence) and be prepared to take legal action.
Edit: Vauban types faster than me!0 -
whatmichaelsays wrote: »Just had a response from Thomas Cook regarding a claim for flight TCX635, Orlando to Manchester, on 17 August 2014.
This flight was delayed for 3 hours and 40 minutes due an administration error with the passenger manifest.
TC have replied that the delay was due to a technical error and as a result, they will not entertain a claim until the result of Huzar vs Jet 2.
My issues here:
a) The claim that the delay was due to a technical fault is clearly false. It was confirmed to us by the ground agents, the captain and the cabin crew that the delay was due to discrepancies with the passenger manifest. The issue was only resolved by disembarking all passengers and physically crossing their name off a print-out when they reboarded.
b) In the case of delays caused by administrative errors, surely the Huzar case (which relates to tech faults) is irrelevant? If so, is TC's reference to this simply a fob-off to make me go away.
I've replied to TC with those points but assuming they come back with another denial, is the court my only appropriate course of action?
Quoted my previous post to provide an update....
TC have since admitted, after being asked some direct questions, that it was not a technical fault that caused the delay.
Instead, they admit that there was an administration error, but that this was resolved after 1hr 20min (incorrect) and that the remaining 2hr delay was caused due thunderstorms that closed the airport (to such an extend that it was necessary to disembark passengers).
I've responded to this by pointing them to the 139 aircraft movements that took place during the 2hr period that they claim the airport was closed (data from Flight Stats) but they insist that their version of events is correct.
We're clearly at an impasse (their story is just riddled with inconsistencies and untruths) and I suspect that court is the only option now. Do I need to give a final NBA or is pointless doing so? In terms of my court 'argument', I have my booking details, my email conversations with TC and details of the flights that took off / landed during the airport 'closure' - what else would people recommend?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
whatmichaelsays wrote: »the remaining 2hr delay was caused due thunderstorms that closed the airport (to such an extend that it was necessary to disembark passengers)
So, as usual the sky grey's over at this time of day, a crack of thunder and lightening, nothing that we haven't had before, but there seems to be a delay in boarding, we wait for a couple of hours and the Cuban guys on the ground finally start waving for the passengers to start the walk from the terminal to the plane, the thunder has quietened down now, it's just very hot and humid.
After the disabled passengers have been boarded, the rest of us board and once we have all boarded, the usual things happen, (loading hand luggage etc) but we notice that there is a noise, similar to pre engine noise (hard to explain but I'm sure most have heard this on flights) going up and down all the time, it's the first thing I mentioned to my wife when we sat in our seats. So after about 30 minutes on the plane with no movement, but still the pre engine noises, the captain comes over the speaker, "we have had a problem with the starting of the engines, but we seem to have overcome that issue now, but, we have another issue, lightening has struck the runway and I am going to have to delay the flight until I get instructions from Manchester, in all my flying experience, I have never come across this" he came on about half an hour later and said he'd personally inspected the runway and it was touch and go and Manchester would have the final say. In the mean time people were sweating, there was no aircon and cabin crew were dishing out the in flight meals and water to those who asked for it, can't blame them, they did a sterling job. After about 2 hours (give or take) the captain said we are to disembark to the airport and officials there would sort out some accommodation and we would return tomorrow as the airport had been closed because of the lightening strike, the Cubans don't start work until 8am and the repair of the runway would take 4 hours to set (has anyone seen construction overnight in Cuba? I know I have!)
When we boarded the buses back to our hotel, the 1st thing that happened was a letter issued to us all, apologising for the delay and that it was an 'Act of God' and under section *** there would be no compensation, how nice of them to take the time to do this while we were boiling our ***** off sitting on the runway!
So, next day (Tuesday) we arrive at the airport for the flight at 3pm, which was then delayed until 4 pm, but more interesting, we saw the Thomas cook flight come in from Gatwick, when it came to stop, the usual happened but either the captain, or attendant of that flight went across to our plane for a while before leaving with the rest of the crew (doesn't bringing a spare part for your sister aircraft come to mind) then we were all called to board the plane and left for England.
I have searched for info on a lightening strike on the runway at Holguin airport (they must get these all the time, no big deal) and there were no delays to other flights coming in or going out.
All in all we had a 23hr delay and when we got back to Manchester they were handing out letters to give to your travel insurers to claim, wow, how nice of them.
Now where do we start lol, and thanks for taking the time to read this:)0 -
evohicks - make a list of flights that did manage to land/depart when the runway was being 'repaired', see if you can find out any information from the airport itself (http://holguin.airportcuba.net/contact.html) regarding the repair - there is an email address link on their web page. I personally can see no reason whatsoever for Manchester to be passing comment on a runway in Cuba.
Did your 'insurance letter' state the reason for the delay or was it just factual as to the length of delay?
Other information regarding the flight number, date of delay and aircraft registration/type may also assist in someone providing you with more information.
Armed with all the information you can find it is then for you to decide if you have a delay compensation case as from the sounds of things it may well take a court application/hearing to resolve.0 -
Mmcconnell83 wrote: »* Would the compensation claim be based on the current exchange rate, or the exchange rate at the time of the delay?The date the delay occurred. Loads of sites do historic exchange rates - just google.
I disagree with this (even though it's what I did for my claim).Mmcconnell83 wrote: »Do you know if it states this anywhere in the Regulations?
CPR practice direction 16 sect. 9.1 (3) states when setting out the particulars of a claim and where the claim is for a sum of money in foreign currency the Sterling equivalent at the date of the claim can be used. I take this to be the date of the court claim not the date of the event for which you are claiming.
So if I was doing this again I would probably use the either the exchange rate on the date of the delay or the rate on the date I was claiming - whichever was most favourable to me. The Defendant may object but Judge will have the final say anyway.0 -
I think you are right DCX.
In my own case, neither the judge nor indeed the other side argued the toss and were happy to accept the calculation of my own claim. But I don't think the exchange rates were radically different (April 2012 to Jan 2013).0
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