Flight delay and cancellation compensation, Thomas Cook ONLY

1790791793795796858

Comments

  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    lisaone wrote: »
    HA HA sorry about the title it must of copied acknowledgement twice. My flight was the 04 June 2017. I will give Thomas cook 30 days then I will contact one of the online compo teams at the end of the day I'm due £990 for 3 passengers. More chance of winning through these guys and I suppose £700 is better than nothing after they take there cut. Just have to be patience and see what happens.

    Before handing it on to a NWNF firm just send a letter before action (doesn't cost you but a stamp) if that doesn't do the trick then by all means hand it over to a NWNF firm. Could save yourself 30% of your claim.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    Ashers92 wrote: »
    Is this flight TCX1712 on October 22nd 2013? I was told the flight was delayed to a technical issue and as such the aircraft swapped to cater for the flight. Hence the delay.

    I haven't read all your posts but if this unruly passenger was on a previous flight you are due compensation as it was a knock on effect. EuClaim say you are due €400 per passenger.
  • JPears
    JPears Posts: 5,086 Forumite
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    Ashers, if you have already contacted TC with your claim and they have rejected it for not having booking reference, then you are at the NBA stage.
    If you have not submitted claim yet, then as you say, you need to give them a chance, explain that you have boarding card but not booking reference.
    BUT put a time limit on say 4 weeks. You mentioned you are 4 yaers from claim arising - TC may try to play you to 6 years if you give them a chance then you can't claim at all as you lose any legal recourse.
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  • lisaone
    lisaone Posts: 9 Forumite
    Is the address for Thomas cook the customer relations address and is it 30 days within you should receive a reply back.
    thanks
  • Ashers92
    Ashers92 Posts: 102 Forumite
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    edited 16 June 2017 at 11:21AM
    JPears wrote: »
    Ashers, if you have already contacted TC with your claim and they have rejected it for not having booking reference, then you are at the NBA stage.
    If you have not submitted claim yet, then as you say, you need to give them a chance, explain that you have boarding card but not booking reference.
    BUT put a time limit on say 4 weeks. You mentioned you are 4 yaers from claim arising - TC may try to play you to 6 years if you give them a chance then you can't claim at all as you lose any legal recourse.

    I probably should have said.
    I've not yet had any contact with TC so at the very first stage. If I receive nothing within the 4 weeks then I'll go straight to NBA and follow up as necessary.

    I'm not hurting myself by including a copy of my passport visa stamp as additional proof that I entered Turkey on that day am I? I cant see how it would go against me.

    Thanks
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  • lisaone
    lisaone Posts: 9 Forumite
    I have just had my reply back from Thomas cook and they have basically said that no compo would be paid due to industrial action. What the hell are they talking about!! I have a letter to state they had to off load passengers on the inbound flight which caused a diversion and then crew ran out of duty hours. Tell the truth Thomas cook!! 23 hours delay is not good enough Thomas cook. Lets see what a judge has to say about it.
  • liljodes
    liljodes Posts: 6 Forumite
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks
  • Ganga
    Ganga Posts: 4,154 Forumite
    First Anniversary Name Dropper First Post
    liljodes wrote: »
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks

    So you would expect every airline to have spare staff on stand by at every airport that they use? Get real,:eek:
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  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
    Yes you can claim put your details into bottonline and EuClaim. Bott & Co the leading flight compensation lawyers agree. They did an article on their website 19th May 2017 have a read. Your claim will be against the Airline not the agent.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    liljodes wrote: »
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks

    Hi liljodes,

    The list which they quote above has no legal standing in English law. It can be rubbished and disregarded, as no court is required to pay it any attention. It is more of an airlines 'wish list' and has had to be changed occasionally to reflect clarifications of the law.

    Please see the following link to the Bott & Co website about crew sickness...

    http://www.bottonline.co.uk/flight-delay-compensation/claim-guides/flight-delays-caused-by-crew-sickness

    Good luck.
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