Flight delay and cancellation compensation, Thomas Cook ONLY

cresw0524 wrote: »

I submitted a claim to Thomas Cook for a family holiday flight delay from Spain to Manchester. This was refused as I did not have the tickets or boarding cards. However I did have a reply on Thomas Cook e mail from complaint we as soon as we returned where they apologised for the delay but still they would not accept this as proof we were on the flight and said they did not recognise the reference numbers on the e mail that they sent. Any advice as to where to go next?.

Assuming you are in England or Wales, you have 6 years to make a court claim so bear that in mid if you are anywhere close to that.

So the incoming plane hit an airbridge and it was the bridge's fault? On the face of it you have a valid claim so do the following - check on websites e.g. Botts to see if your flight is listed, then arm yourself with a vat of coffee and read and digest Vauban's guide (web search if necessary). If you have further q's after that ask away otherwise it's a NBA letter followed by diy court action (easier than it sounds) or a nwnf lawyer.

siskyline wrote: »

Hello I was looking for advice if im able to claim for this cancellation with Thomas cook.

I was in las vegas (LAS) travelling to manchester (MAN)

The plane number was MT 125 or TCX 125

On the 15th of may 2016

We where at the airport and was told the plane was cancelled with no explantion. Told to get our bags and hop on a bus.

The flight was rescheduled for the same time the next day (24 delay). When we checked in the next day there was a letter saying that it was due to a technical fault and the reason given was the plane struck the air bridge while taxiing into the gate.

On the plane the pilot was keen to point of the bridge was not in the correct place and due to the ground crew not seeing it caused the crash. Which sounds like TC are not wanting to take the blame for the delay.

The flight number was the same on both days but it was clearly two different planes as one had the blue TC brand on the wing and tail where as the second plane was the grey branding.

I was wondering if TC are still at fault and if there is a claim under the EU laws?

Im going to fill in the form tonight for a claim but was unaure how far I can push it or to expect nothing back.

If anyone wants to see the docs that TC gave out after the delay i can attach them here.

Hi,

The answer is simply YES, Thomas Cook are at fault. They had ample opportunity to book you onto an alternative flight or to provide a replacement aircraft sooner than the 24 hours, but made an operational decision not to. That decision was entirely within their control.

Interesting point you made above that the damage was caused whilst the aircraft was taxiing into the gate. If the aircraft was still on it's previous flight & still had passengers on board waiting to disembark, then the damage was caused to an earlier flight which therefore makes your delay a 'knock-on'. That means that even if the way in which the damage was caused was considered to be 'extraordinary-circumstances' (which, given the explanation it really shouldn't be), Thomas Cook cannot use that incident as a reason not to pay compensation on later delayed flights.

Download & read Vauban's guide - take particular note of the Huzar & Wallentin judgements (technical problems / extraordinary-circumstances) & the Finnair judgement (knock-on's).

Then decide whether you want to tackle Thomas Cook yourself or use a NWNF lawyer. To be honest with your case it's probably well worth going alone - fill in their online claim form to get a reference, once you receive their reply (which will inevitably tell you it was a technical issue & therefore not subject to compensation), write a NBA to Thomas Cook's legal department (I've posted it several times, or search "Thomas Cook Airlines Legal Department Law Society listing" on Google.

Good luck, will be interesting to see how things develop.

Hi Thank you all for the comments.

I have read the Vauban guide and will study the cases in more detail as advised.

My main worry is if TC can pass the blame off to the ground crew as they are the ones guiding the plane in, but in my mind feel that the pilot would mantain a duty of care over the craft.

TC have already placed this as a technical fault. In a printed statement that was given out at the check in desk.

I can't see a way to attach jpegs here so have linked to my dropbox the letters I got if anyone was interested in having a peak.

dropbox.com/sh/0p2xiavz7iyuvvu/AABOeJt9746wCoFB7GElqwGWa?dl=0

In one letter it confirms a strike with the air-bridge and the second one just puts it down as a technical fault for the insurance claim.

I did check out Botts and filled their claim inquiry and it saysthat there is a claim available on the info provided.

I am unsure to take the challange on my own, this is the first time this has happened to me and my partner and both have not set foot in a court room

I have my documents together so will put the complaint in with the TC website now.