Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Received the following email from T Cook. Any advice please. Was told by pilot, via announcement, that the peoblem was with the computer that controls window heating. Part had to be brought from Gatwick to Bristol, by road. I have already contacted the CAA who said contact Spanish version of CAA, which I haven't yet.

    I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.
    It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.
    When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.
    Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. This can be compared to any mechanical breakdown which can happen at any time without prior knowledge or warning.
    I can see that passengers were provided with welfare during this time, which was deemed appropriate for the length of your delay. It is with regret to inform you that we will be unable to consider any claims for compensation as a result of the delay to your flight.
    Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

    After asking for details of EC received the following:

    Thank you for contacting us again regarding your recent holiday, I write further to your most recent correspondence and I am sorry that you remain unhappy with the response you have received so far from our Customer Relations Team.

    Unfortunately we are not able to provide you with the answers to the questions raised in your correspondence detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook

    The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable.

    We, as Thomas Cook, stand by our decision and should you wish to pursue this matter further, I would therefore suggest that this is done through the Civil Aviation Authority by logging on to their website

    I thank you once again for taking the time to contact Customer Relations and whilst I appreciate your disappointment at present, I hope that Thomas Cook may be of assistance to you in the future.
  • alanM_3
    alanM_3 Posts: 13 Forumite
    First Anniversary Combo Breaker
    Hello all, has anybody got another email address for TC. It has been over 14 days now with no response to either email or letter.

    Alan
  • What does legal action involve. I know small claims court, but things like witness statements have been highlighted. What does this mean. The only thing I really know is that there was a delay. What else can I say?
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    tonysu67 wrote: »
    What does legal action involve. I know small claims court, but things like witness statements have been highlighted. What does this mean. The only thing I really know is that there was a delay. What else can I say?

    Read the FAQs and the thread "Taking the airline to court"
  • bennmark0
    bennmark0 Posts: 27 Forumite
    alanM wrote: »
    Hello all, has anybody got another email address for TC. It has been over 14 days now with no response to either email or letter.

    Alan
    alan you can try [EMAIL="claims@thomascook.com,but"]claims@thomascook.com,but[/EMAIL] to be honest your chances of getting a reply are very slim,but don't give up
  • bennmark0
    bennmark0 Posts: 27 Forumite
    Mark2spark wrote: »
    Shame you returned the voucher though.
    thought I would return voucher so they couldn't hold it against me,it went recorded to be safe though
    just e mailed mcol to have paperwork address amended so it now goes to Peterborough lets see them wriggle out of that one
  • I want to know whether a claim is worth pursuing.
    The flight we were flying on started at Bristol, where it left late due to 'technical reasons' or EC as the airline state.
    It arrived at Fuerteventura to pick us up and by the time we returned to Bristol, it was 5.5 hours late.
    Do I have a claim, as the problem did not take place at our airport, and the plane was already late before even arriving at our airport?
    Am I wasting my time pursuing this?
    Sorry, but I am not very understanding of the rules, but it appears that many of you on here are, so any help would be appreciated.
  • 111KAB
    111KAB Posts: 3,645 Forumite
    Combo Breaker First Post
    tonysu67 wrote: »
    I want to know whether a claim is worth pursuing.

    Yes but you need tenacity, patience and an understanding of your claim by reading the FAQ's and various posts. If you cannot 'face it' then use a no win no fee firm as you have a very good case.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    I was on flight TCX6022 on 26/06/12 from Newcastle to Tenerife which left Newcastle 3hrs 37 minutes late.

    The flight stats website doesnt give an arrival time at Tenerife, but I am sure it arrived more than 3hours late.

    I have a letter which was given to us in the departure lounge stateing the delay was due to "Earlier unavoidable operational circumstances" and the captain told us the delay was due to problems with the plane from an earlier flight.

    Thomas cook have advised me they are not able to provide me with the answers to the questions raised in my correspondence detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook

    The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable.

    How do i go about getting the flight arrival time or do I just issue a "Notice before Action"

    If you're confident you were more than 3 hours late, just proceed ...
  • Fuerty
    Fuerty Posts: 3 Newbie
    Hi all,

    Just thought I'd share my experience so far and hopefully get more advice.

    I sent my initial letter 26th April '13, didn't get a response so phone TC last week and spoke with complaints dept. We were on flight TCX 2193, 21st August 2012 from Kefalonia to Manchester. We were delayed till the following morning, (me and my OH traveling, delayed overnight, claiming 400 Euro each)

    I emailed Harriet Green CEO of TC yesterday as I hadn't had a reply to my initial letter. I got a call from Jon Brandick in her office yesterday afternoon.

    He told me that they had looked into my claim and the flight was delyaed due to a technical nature and could not give compensation. He e-mailed the usual...whilst delays are an unfortunate part of air travel..blah blah...this can be compared to any mechanical breakdown..blah blah..same stuff everyone seems to get!

    I have read through most of this forum and I yesterday found post number #1436. It appears that this poster was on our flight and received compensation with no issue at all. ( I am going to PM him to find out what he did)!

    So a few questions. I guess now the next stage is to send a NBA to TC, contact the CAA with complaint letter and be prepared for a court case?

    Was anyone else on this flight?

    Thanks
    UnhappyRainbow.

    Hi unhappyrainbow

    I was on the same flight and received the same response from TC. Have you managed to take the complaint/claim any further.

    Regards

    Fuerty
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