Flight delay and cancellation compensation, Thomas Cook ONLY

Aviator2715 · 20 December 2017 at 11:48AM

Hi. I'm new to this thread so please bear with me.

My family have just returned from an overnight visit to Lapland (4 adults, 2 children). Due to a member of the crew of the returning flight from Rovanieni to Manchester falling ill through food poisoning (TC info) the flight was unable to operate. There being no replacement crew being available in Finland, a replacement aircraft was sent from Gatwick, stopping off at Manchester to pick up more crew. We eventually returned home, 8hrs 5mins after our scheduled return.

I've used the airline's website to lodge a claim for the appropriate compensation but have been told by email that the delay was:

'due to a medical emergency. This is a reason that is out of our control and means that under EU Regulation 261/2004 compensation wouldn't be paid'.

I'd appreciate any advice or views on whether this is correct or if/how to challenge.

Many thanks.

Tyzap · 20 December 2017 at 12:42PM

Hi Aviator2715,

A medical emergency normally refers to an incident that takes place during the flight, which requires an emergency landing for a seriously sick patient who requires hospital attention.

Your starting point should be to input your flight details into one of the online flight calculators, such as Botts. This will indicate if they feel you have a valid case. Much may depend upon whether it was a cabin crew member or one of the cockpit crew.

TC are probably stretching the excuse to the point of snapping here tho.

Good luck.

Aviator2715 · 20 December 2017 at 1:17PM

Many thanks for your speedy response. Will pursue this avenue.

Wendy9669 · 21 December 2017 at 12:58AM

Hi, We were on the same flight and have received the same response. I have complained back to them but I think they will just drag their feet to avoid paying. I will update you if I manage to get anywhere.

guardianangel · 21 December 2017 at 5:35PM

Tyzap wrote: »

They have reason not to pay compensation if the weather directly affects your flight. However, if the weather was okay where you were, and your flight did not depart, it must have been a previous flight that was delayed, causing a knock on delay to you.

If that was the case then you are probably due compensation.

Put your flight details into an online flight delay calculator such as Botts, to see what they think.

Good luck.

Yes, we were all ready to go at our end, no issues with weather. it was the fact that our plane was cancelled because the original flight was delayed due to weather back in the UK which shouldn't be cited as I'm not claiming from the UK to Marsa Alam. will try the Botts and see what happens. thanks

Paulcox741 · 28 December 2017 at 3:27PM

Hi,

Been struggling with Thomas Cook since August and wondered if anyone could offer any advice before I take it to CEDR?

Flight details are: Orlando to Stansted 5/8/17 - MT2929

Basically the history is as follows.

Checked at breakfast (11am). Flight delayed by 3hrs 25 mins due to incoming flight technical issue. Revised to 3 hrs 10.

Got to airport. Due to take off at 20:15 (originally 17:05). Gate moved. Different plane to be used. Waited until gone 21:00. Further delay caused by aircraft in Orlando not being able to be used and thus having to wait for another incoming flight to be cleared (confirmed by the captain at the time).

There was a storm earlier but around the same time other planes were still taking off and landing so no weather issues.

Eventually landed at 11:20. Doors opened at 11:30. Originally scheduled to land at 8:20 so 3 hours 10 minutes late.

All I've got from TC is that it was due to airport congestion despite them originally tweeting it was due to a technical fault.

Since September I've chased them 3 or 4 times to supply more detail on why they think they don't have to pay compensation and why their current information contradicts their tweet on the day but all I'm getting is 'refer it to CEDR, etc).

We also had other issues such as the food vouchers not being printed quick enough for us to use, no drinks provided and when we eventually dud get on the plane our party had no blankets. All fairly minor in comparison to the delay but all add up to make if a rubbish experience.

Overall something doesn't add up with their explanation but I can't seem to get them to provide any more details.

Paul

Tyzap · 28 December 2017 at 3:43PM

Hi Paul,

It sounds like the usual concoction of reasons being brought up when a flight is just over the delay threshold.

Remember also that the airline can reduce the compensation by 50% if less than 4 hours late, so €300 each is due in this case.

You may as well refer it to CEDR now, as they should find in your favour by the sounds of it.

Good luck.

Paulcox741 · 29 December 2017 at 9:46PM

Thanks Tyzap. As soon as I get their next standard response I'll be onto CDER. That's almost as frustrating as the delay. If they give me a reasoned response I might accept it but as you say it's a concoction of excuses to avoid paying out.

Bbunter82 · 30 December 2017 at 6:33PM

Hi there, Looks like I was on the same flight as you. An like you I’m not getting very far with Thomas Cook. I have now reported it to CEDR. I’m so annoyed as the staff on the aircraft told us over the microphone that we can claim compensation...seems like they only said this to keep every happy (quiet) on the plane Home! I will keep u updated if I get any replies.

Paulcox741 · 1 January 2018 at 12:41PM

Great, thanks Bbunter82. I must have missed them announcing that on the plane.

I'll refer to CDER this week too. Will keep you posted. If you could do likewise that would be great.

Flight delay and cancellation compensation, Thomas Cook ONLY

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