Flight delay and cancellation compensation, Thomas Cook ONLY

Bark100 · 2 June 2013 at 10:15AM

Hi

Please can anyone advise if they have had any success claiming compensation for the TCX242 to Cancun on 7th April?

The delay was over 6 hours.

I have had two replies from Thomas Cook saying extraodinary circumstances due to technical failure.

I am now writing to the CAA and considering Small Claims Court if this is not successful.

Any information or advice gratefully received!

The Barks.

Vauban · 2 June 2013 at 10:22AM

Bark100 wrote: »

Hi

Please can anyone advise if they have had any success claiming compensation for the TCX242 to Cancun on 7th April?

The delay was over 6 hours.

I have had two replies from Thomas Cook saying extraodinary circumstances due to technical failure.

I am now writing to the CAA and considering Small Claims Court if this is not successful.

Any information or advice gratefully received!

The Barks.

I hope you are in no hurry: I wrote to the CAA at the beginning of January, and am still waiting for a substantive response. (I started legal action in the meantime ...)

[Postscript edit] And of course if the CAA find in your favour, it doesn't mean anything legally. The airlines are at liberty to disagree: it's just a useful piece of paper to have in a court room. You will still most likely need to take the airline to court!

deani66 · 2 June 2013 at 6:08PM

deani66 wrote: »

Still trying to find correct address to send claim to. Sent originally beginning last month but heard nothing, may have had wrong address. Can anyone tell me the address the claims should go to?

Just received an email from Customer Relations offering me £1404 in vouchers, whoop whoop I originally thought, until I looked at said voucher.......use by 31.5.14.

Since our family holidays always take place in August I have replied asking for an amendment to voucher or a cheque. So at this time im 50/50.

Happy but still waiting to be chuffed.

Vauban · 2 June 2013 at 7:21PM

deani66 wrote: »

Just received an email from Customer Relations offering me £1404 in vouchers, whoop whoop I originally thought, until I looked at said voucher.......use by 31.5.14.

Since our family holidays always take place in August I have replied asking for an amendment to voucher or a cheque. So at this time im 50/50.

Happy but still waiting to be chuffed.

You are entitled to the cash, but if you indicate you are content with vouchers, then they can pay you with those instead. Not sure who would prefer a voucher over cash, but whatever you're happy with is a good result.

deani66 · 2 June 2013 at 10:06PM

To be honest wasn't expecting anything so to be offered vouchers was unexpected , if I can use towards a family holiday next August I am happy to accept, otherwise, I will push for a cheque, all thanks to confidence gained through reading this forum.

barrington · 3 June 2013 at 8:52AM

Reply from TC, with no explanation for delay which is a "private matter". Don't airlines have to PROVE "exceptional circumstances"?

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.
On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding
this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a
review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the
technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.
We are not required to provide you with specific technical data relating to the fault as this is a private matter for
Thomas Cook to deal with and comply with all regulations pertaning to the maintenance and upkeep of our fleet.
I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under
the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you
contact the CAA who will be able to provide you with independent advice on the matter.
I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on
this occasion.

Kind Regards,
Cheryl Moran
Customer Relations
Don't just book it. Thomas Cook it.
Visit us at thomas cook com, Thomas Cook stores nationwide.
This correspondence is confidential, may be legally privileged and is for the intended recipient only. Access,
disclosure, copying, distribution or reliance on any of it by anyone else is prohibited and may be a criminal offence.
Please delete if obtained in error.
Any views expressed in this message are those of the individual sender, except where the sender specifically states
them to be otherwise.

Thomas Cook
Customer Relations
Tel No: 0844 8798 136
Opening Hours: 8am-10pm Mon-Sun
Thomas Cook is a trading name of Thomas Cook Tour Operations Limited.
Registered Office: The Thomas Cook Business Park, Coningsby Road, Peterborough, PE3 8SB
Register in England No. 3772199

111KAB · 3 June 2013 at 9:35AM

barrington wrote: »

Reply from TC, with no explanation for delay which is a "private matter". Don't airlines have to PROVE "exceptional circumstances"?

Airlines have to prove EXTRAORDINARY circumstances if in Court and they are advised to confirm details to the CAA or relevant NEB if requested. Therefore the only way of getting to the truth is to see them in Court or ask a NWNF firm to do so for you.

minimacka · 3 June 2013 at 2:18PM

Has anyone had any luck with flight number TCX2985 which was suppose to depart from Dalaman to Mancheter but actually arrived in Glasgow? I have sent the first initial letter recorded delivery to TC on 10th april but i have had no correspondance back.

Many thanks
mm

maghater · 3 June 2013 at 4:01PM

cawman45 wrote: »

I though the CAA had referred your case to AESA which found in your favour? How on earth can the CAA now take the opposite view and side with TC? This stinks!

Too true they probably lied (sorry inadvertently supplied information with the benefit of hindsight may not have been correct) to the CAA as they have done to me. AS I intend to argue TC have two choices, either admit that the third party they alleged caused the damage, and thus the delay was working under their control, and therefore pay . Or continue to blame the third party, in which case they pay up and claim it back from the aforementioned third party (Sturgeon para 16. )

bennmark0 · 3 June 2013 at 4:02PM

deani66 wrote: »

To be honest wasn't expecting anything so to be offered vouchers was unexpected , if I can use towards a family holiday next August I am happy to accept, otherwise, I will push for a cheque, all thanks to confidence gained through reading this forum.

I was offered a voucher back in march,i returned it and asked it to be exchanged for a cheque as I had no use for it,i have heard nothing back from them,so I have started action with the mcol and they have told the court they intend to defend all the claim,they have also changed the defendants details to tc airlines and a different address,which according to some posts is an unmanned office,now asking the court to amend claim to there head office in Peterborough.so good luck

Flight delay and cancellation compensation, Thomas Cook ONLY

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