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Flight delay and cancellation compensation, Thomas Cook ONLY
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# 1
Centipede100
Old 11-01-2013, 10:54 AM
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Default Flight delay and cancellation compensation, Thomas Cook ONLY

MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.

Last edited by Centipede100; 02-07-2014 at 10:22 AM.
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# 2
maz08
Old 11-01-2013, 1:44 PM
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Hi Thanks for the updated forum, I have just recieved the below response from my template I sent them on 25/11/2012 requesting compensation from Thomas Cook and may have a fight on our hands.....( my flight was delayed 6 hours on 17/09/2012 Bodrum to Newcastle, reason fro delay was no flight and a aircraft was flwon in from Italy to collect us ....any further advice would be grateful:



"Firstly, I would like to thank you for taking the time to write to us about your recent travel arrangements.

Having read the content of your letter, I can see that aspects of the holiday have given cause for concern. I am sorry that this is the case and would assure you that as a business, we utilise feedback to ensure that our products are improved and enhanced to reflect the needs of our customers.

We do advise all guests to view a brochure prior to their departure. This is because it contains valuable information for guests as well as containing the booking conditions, which form part of the contract between us. Our booking conditions state that a letter of complaint or claim for compensation should be sent to our Customer Relations Department within 28 days of their return from holiday. Failing to complain within 28 days of return may reduce or extinguish any rights the guest has to make a claim from us and ultimately may mean that we are unable to investigate your concerns.

In light of the above and due to the time that has elapsed since your return and writing to us, I regret to advise that we are unable to investigate the comments. Nevertheless, the information that has been supplied will be shared with our colleagues overseas and our Quality Assurance department, so that we can work with our suppliers to identify any immediate solutions.

In closing I would like to thank you for taking the time to bring this matter to our attention and regret any impact this may have had upon your holiday enjoyment.

Yours sincerely

Sean Rogers
Customer Relations Team


Thanks Guys..!
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# 3
Tiggifarfar.
Old 11-01-2013, 1:54 PM
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Default

Many thanks for the new thread. Fingers crossed for some successful claimants. I wonder if TC keep an eye on these threads at all?
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# 4
Mark2spark
Old 11-01-2013, 3:01 PM
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Default

Quote:
Originally Posted by maz08 View Post
Hi Thanks for the updated forum, I have just recieved the below response from my template I sent them on 25/11/2012 requesting compensation from Thomas Cook and may have a fight on our hands.....( my flight was delayed 6 hours on 17/09/2012 Bodrum to Newcastle, reason fro delay was no flight and a aircraft was flwon in from Italy to collect us ....any further advice would be grateful:



"Firstly, I would like to thank you for taking the time to write to us about your recent travel arrangements.

Having read the content of your letter, I can see that aspects of the holiday have given cause for concern. I am sorry that this is the case and would assure you that as a business, we utilise feedback to ensure that our products are improved and enhanced to reflect the needs of our customers.

We do advise all guests to view a brochure prior to their departure. This is because it contains valuable information for guests as well as containing the booking conditions, which form part of the contract between us. Our booking conditions state that a letter of complaint or claim for compensation should be sent to our Customer Relations Department within 28 days of their return from holiday. Failing to complain within 28 days of return may reduce or extinguish any rights the guest has to make a claim from us and ultimately may mean that we are unable to investigate your concerns.

In light of the above and due to the time that has elapsed since your return and writing to us, I regret to advise that we are unable to investigate the comments. Nevertheless, the information that has been supplied will be shared with our colleagues overseas and our Quality Assurance department, so that we can work with our suppliers to identify any immediate solutions.

In closing I would like to thank you for taking the time to bring this matter to our attention and regret any impact this may have had upon your holiday enjoyment.

Yours sincerely

Sean Rogers
Customer Relations Team


Thanks Guys..!
Standard letter from TC so LBA next. Stick to the facts. Be clear that this is not a mere ask for compensation, it's a statutory right that supercedes booking conditions.
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# 5
gailscotland
Old 11-01-2013, 4:56 PM
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Default thomas cook flight tcx6112 12/10/2012

new to this forum so please bear with me if not using it properly.
I was delayed over 8hrs Edinburgh to Tenerife on 12/10/2012 and sent compensation claim to Thomas Cook who refused to pay out because it was a Bird Strike and therefore extra-ordinary circs.
My question is 1) is a bird strike classed as extra-ordinary?
and 2) how do i know that this was the reason?

Anyone on that flight have any luck in compensation?
Thanks and sorry if this has been answered before. I have looked over previous questions.
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# 6
Gorbar
Old 11-01-2013, 7:15 PM
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Articles 5 to 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No
must be interpreted as meaning that passengers
whose flights are delayed are entitled to compensation under that regulation

where they suffer, on account of such flights,

a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.
This is a reply I received from the Directors Office today in regard to Flight TCX 7175 departing Corfu on 8/10/2012. It would be interesting to hear from anybody else on this flight
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# 7
Gorbar
Old 11-01-2013, 7:22 PM
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I would like to hear if anybody on Flight TCX7175 8/10/2012 from Corfu to Bristol have managed to claim compensation
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# 8
rusty frog
Old 11-01-2013, 8:57 PM
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Default

Quote:
Originally Posted by Gorbar View Post
I would like to hear if anybody on Flight TCX7175 8/10/2012 from Corfu to Bristol have managed to claim compensation
Likewise TCX253 Hurghada to Manchester 19/3/2011
I started out with nothing and I still have most of it left!

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# 9
Mark2spark
Old 11-01-2013, 10:13 PM
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Gorbar, your reply just recites the ECJ ruling? Did they not say claim denied due to something or the other?
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# 10
Gorbar
Old 12-01-2013, 7:06 AM
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Mark, they told me a FAC1 fault. I have disputed there refusal. & even went as far as the Directors Office but no luck. Of course the Top Dogs won't have anything to do with us poor surfs
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# 11
doz123
Old 12-01-2013, 9:29 AM
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Was anyone on the Thomas cook flight TCX 908k form Manchester to Santorini 31/08/2010 8 hours delay. Also the return journey on 14/09/2010 Santorini to Manchester TCX 908L 7 hours delay so it total on our holiday we had 15 hours delay. I have written to THomas Cook with the template letter (thank you) November 5th received a letter back saying they are looking in to it and we will receive a reply within 28 days. I have contacted them again this week and they claim they are still looking into the problem and they are very busy. By the way just seen a program on the BBC 9.26am stating most people should be able to claim compensation. Can anyone advise me should I wait for a reply from Thomas Cook or contact the CAA thanks.
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# 12
Mark2spark
Old 12-01-2013, 11:42 AM
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Quote:
Originally Posted by Gorbar View Post
Mark, they told me a FAC1 fault. I have disputed there refusal. & even went as far as the Directors Office but no luck. Of course the Top Dogs won't have anything to do with us poor surfs
You now need to involve the CAA so that it can be established whether a FAC1 fault is extraordinary or not.
I suspect not.
I'd also be tempted to start court action, or at least give them (TC) intention to do so.
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# 13
Camerop
Old 12-01-2013, 11:43 AM
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Default TC delay - Next step after standard response from TC

Hello, Miss Cameron here, I recieved the standard letter that Thomas Cook is sending everyone. What should be the next step? Thanks for any help, much appreciated.

Regards
Miss Cameron
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# 14
Mark2spark
Old 12-01-2013, 11:44 AM
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Quote:
Originally Posted by doz123 View Post
Was anyone on the Thomas cook flight TCX 908k form Manchester to Santorini 31/08/2010 8 hours delay. Also the return journey on 14/09/2010 Santorini to Manchester TCX 908L 7 hours delay so it total on our holiday we had 15 hours delay. I have written to THomas Cook with the template letter (thank you) November 5th received a letter back saying they are looking in to it and we will receive a reply within 28 days. I have contacted them again this week and they claim they are still looking into the problem and they are very busy. By the way just seen a program on the BBC 9.26am stating most people should be able to claim compensation. Can anyone advise me should I wait for a reply from Thomas Cook or contact the CAA thanks.
You need the reply from TC saying what they think the reason for the delay is first.
Following that, you either involve the CAA or go straight to court.
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# 15
gailscotland
Old 12-01-2013, 1:50 PM
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Hi, does anyone know if a "Bird strike" is extra-ordinary circumstances? Also, how do i find out if that is the true reason for the delay? Thomas Cook TCX6112 flight 12/10/12 Edinburgh- Tenerife was seemingly delayed due to bird strike, but staff at the airport had said a further plane was on its way from spain but this never turned up for some reason and we were delayed further.
Answer to Doz123, send them another email asking when they expect to be able to reply. Suggest if you didn't email, you would be wise to email them for the ease of being able to fire off reminders! I sent Thomas Cook two reminders then got response re bird strike. But surely it doesn't take 8 hrs to get a replacement plane? Anyone else had bird strike as reason?

Last edited by gailscotland; 12-01-2013 at 1:52 PM. Reason: mistake re posters name
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# 16
Mark2spark
Old 12-01-2013, 2:04 PM
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The question of bird strikes has not yet, AFAIA, been tested in the courts as to whether it is extraordinary. The general consensus of opinion on this board is that it is not.

Post number 4564 on page 229 from 111KAB shows some recently recorded bird strikes.

http://forums.moneysavingexpert.com/...47230&page=229

So, as you can see, they are quite frequent. But whether they are beyond the airlines control is a good question that only a judge will be able to answer IMO.
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# 17
staylor1982
Old 13-01-2013, 3:55 PM
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Thumbs down Update with Tomas cook

Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

My complaint about Tomas cook

7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
Flight number TCX2312 was due at 6.45am.
Checked in, got told there's an airport delay till 9.20am.
Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given 8 meal vouchers each and there's another plane to take off at 1.40pm.

During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

We finally took off again at 2.04pm (according to flight stats)
We was 7 hours and 19 mins delayed.

When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to 320 (400 each) there was 4 adults and 2 children and an infant in the party.


This is what I have done so far!

5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

29 Dec - Emailed Thomas Cook as the 28 days was up.

6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
This was a first time fly for me and my 3 children.
Yes I would fly with Thomas Cook again.

If I hear anything else from either the CAA or Thomas Cook then I will update.
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# 18
gailscotland
Old 14-01-2013, 11:33 AM
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Default "Familiy Fund"?

I also have a child who is disabled (Autism, just diagnosed), What is the family fund and how do i go about accessing it? Sorry, know this is not directly related to Thomas Cook delay. On that subject though, I emailed them and asked to see the incident log regarding my delay for confirmation of bird strike and also questioning why it took them over 8 hrs to get replacement plane. Will update on that when get reply.



Quote:
Originally Posted by staylor1982 View Post
Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

My complaint about Tomas cook

7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
Flight number TCX2312 was due at 6.45am.
Checked in, got told there's an airport delay till 9.20am.
Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given 8 meal vouchers each and there's another plane to take off at 1.40pm.

During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

We finally took off again at 2.04pm (according to flight stats)
We was 7 hours and 19 mins delayed.

When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to 320 (400 each) there was 4 adults and 2 children and an infant in the party.


This is what I have done so far!

5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

29 Dec - Emailed Thomas Cook as the 28 days was up.

6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
This was a first time fly for me and my 3 children.
Yes I would fly with Thomas Cook again.

If I hear anything else from either the CAA or Thomas Cook then I will update.
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# 19
maghater
Old 14-01-2013, 1:12 PM
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Default Are they for real?

Was on flight TCX 6238, delayed out of Palma Mallorca for 8 hours on 23rd June on return to Newcastle. Aircraft collecting us was involved in a "ground incident" and had to be withdrawn. Have since found out that the incident involved a collision between the plane and a ground support vehicle. Given 5 Euro refreshment voucher. Have written several times, received standard reply. Wrote to the AESA (Spanish equiv of CAA), they wrote to Thomas Cook requesting explanation, however after 2 months TC had not replied to them!! The AESA therefor advise me that TC has not proved that the long delay was not caused by extraordinary circumstances, and that therefor they should cough up. Game set and match thought I, so sent off letter requesting payment within 28 days or else legal action. Got a letter from a litigation exec on 11th Dec saying they are investigating, since then nothing. Have day off work later this week and am going to set MCOL into action. Lookks like an open and shut case to me, so why the delay in settling?
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# 20
Percyandbob
Old 14-01-2013, 1:34 PM
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Default Thompson delay

I originally complained in July after holiday in late June. We were delayed 5hours to Jamaica. Original claim turned down. Latest claim quoting the Eulegislation has prompted a claim form from them BUT they will not accept it unless attach the original boarding passes which we do not have. Any advice welcome as we were delayed, we do fit the criteria and think thesis Thompson trying to put us off. Thank you percyandbob
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