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    • binner
    • By binner 22nd Sep 16, 8:21 PM
    • 1 Posts
    • 0 Thanks
    binner
    Has anyone been referred to CEDR Dispute Resolution by Thomas Cook ?

    I have just got off the phone with TC customer services and they have referred to CEDR.

    The claim goes back to 20th August 2013 TCX1518 from Gatwick to Hurghada. My family and I arrived to discover the plane had an issue and the replacement was too small to we had gotten bumped to an additional plane. I have been compensated for that bumping. Next the replacement flight we were now due to fly out on was delayed by a further 4 hours from its stated departure time (TCX987). My initial claim was rejected by Thomas Cook, I went to the CAA in 2015 and my claim was upheld by them, I went back to Thomas Cook they rejected the claim again citing technical faults came under extraordinary circumstances. They also stated the CAA is advisory only and they are not bound by its rulings. The court judgement recently about technical faults and extraodinary circumstances made me think my case needed a review so initated it again asking for TCX987 to be reviewed in the new context.

    Thomas Cook rejected saying they had already compensated me. I also received an email asking how my experience has been with customer service. The feedback I gave resulted in call back tonight where I was informed they have a policy to only compenstae for the bumping from TCX1518 or the delay to TCX987 not both. I reminded them that at no point was that fact mentioned when they agreed to send me a cheque for TCX1518. The response was to refer me to CEDR.

    My next step will be to escalate to the chairman as I think they are just fobbing me off.

    There are two clear incidents here

    1) bumping from the inital flight TCX1518
    2) the subsequent replacement TCX987 was delayed due to the cowling needing to be replaced.

    thoughts welcome
    Last edited by binner; 22-09-2016 at 8:24 PM. Reason: spelling corrections
    • Vauban
    • By Vauban 22nd Sep 16, 8:49 PM
    • 4,398 Posts
    • 1,935 Thanks
    Vauban
    Has anyone been referred to CEDR Dispute Resolution by Thomas Cook ?

    I have just got off the phone with TC customer services and they have referred to CEDR.

    The claim goes back to 20th August 2013 TCX1518 from Gatwick to Hurghada. My family and I arrived to discover the plane had an issue and the replacement was too small to we had gotten bumped to an additional plane. I have been compensated for that bumping. Next the replacement flight we were now due to fly out on was delayed by a further 4 hours from its stated departure time (TCX987). My initial claim was rejected by Thomas Cook, I went to the CAA in 2015 and my claim was upheld by them, I went back to Thomas Cook they rejected the claim again citing technical faults came under extraordinary circumstances. They also stated the CAA is advisory only and they are not bound by its rulings. The court judgement recently about technical faults and extraodinary circumstances made me think my case needed a review so initated it again asking for TCX987 to be reviewed in the new context.

    Thomas Cook rejected saying they had already compensated me. I also received an email asking how my experience has been with customer service. The feedback I gave resulted in call back tonight where I was informed they have a policy to only compenstae for the bumping from TCX1518 or the delay to TCX987 not both. I reminded them that at no point was that fact mentioned when they agreed to send me a cheque for TCX1518. The response was to refer me to CEDR.

    My next step will be to escalate to the chairman as I think they are just fobbing me off.

    There are two clear incidents here

    1) bumping from the inital flight TCX1518
    2) the subsequent replacement TCX987 was delayed due to the cowling needing to be replaced.

    thoughts welcome
    Originally posted by binner
    You are entitled only to one amount of compensation - it doesn't matter if the subsequent flight was delayed, I'm afraid. You were effectively re-routed after having been denied boarding, and you don't get a double dip if the re-routed flight is also delayed. This is because to get compensation, you have to have bought a ticket - and you wouldn't have done that for the second flight. You should have been given 600 euros each for the overall delay to your arrival.

    The only way in which you could have technically qualified for two lots of compensation would be if, following the denied boarding, the airline paid compensation and a refund, which you then spent on another flight. Then you would get the two amounts.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • JPears
    • By JPears 23rd Sep 16, 12:41 AM
    • 2,514 Posts
    • 712 Thanks
    JPears
    Which is a point worth noting for canny flyers....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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