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    • Aviator2715
    • By Aviator2715 20th Dec 17, 10:48 AM
    • 5 Posts
    • 0 Thanks
    Aviator2715
    8 hour delayed return - tc refusing to pay
    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
    • By Tyzap 20th Dec 17, 11:42 AM
    • 1,246 Posts
    • 596 Thanks
    Tyzap
    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.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Aviator2715
    • By Aviator2715 20th Dec 17, 12:17 PM
    • 5 Posts
    • 0 Thanks
    Aviator2715
    Many thanks for your speedy response. Will pursue this avenue.
    • Wendy9669
    • By Wendy9669 20th Dec 17, 11:58 PM
    • 1 Posts
    • 1 Thanks
    Wendy9669
    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
    • By guardianangel 21st Dec 17, 4:35 PM
    • 382 Posts
    • 82 Thanks
    guardianangel
    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.
    Originally posted by Tyzap



    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
    • By Paulcox741 28th Dec 17, 2:27 PM
    • 3 Posts
    • 0 Thanks
    Paulcox741
    Thomas Cook - MT2929 5/8/17
    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
    • By Tyzap 28th Dec 17, 2:43 PM
    • 1,246 Posts
    • 596 Thanks
    Tyzap
    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.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Paulcox741
    • By Paulcox741 29th Dec 17, 8:46 PM
    • 3 Posts
    • 0 Thanks
    Paulcox741
    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
    • By Bbunter82 30th Dec 17, 5:33 PM
    • 1 Posts
    • 0 Thanks
    Bbunter82
    Flight mt1915
    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
    • By Paulcox741 1st Jan 18, 11:41 AM
    • 3 Posts
    • 0 Thanks
    Paulcox741
    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.
    • Daveymac
    • By Daveymac 8th Jan 18, 8:16 PM
    • 4 Posts
    • 0 Thanks
    Daveymac
    Flight time change
    Hi everyone ,A couple of months ago I booked a flight through Thomas cook to Crete in June 18,,they have now changed the outbound and return flight times and now this flight is not suitable firstly because the flight now lands after the cutoff time to enter our holiday accommodation,so I would have to wait from &8 pm until 12 pm the next day to enter the accommodation ,the return flight now lands at midnight instead if 2 o'clock in the afternoon and seeing as we are at work the next day it makes the flight totally unsuitable .
    I have cancelled it with Thomas cook but they will only give me the tax back which amounts to me losing over £700 .
    Any body been in this situation and has anybody got any money back ?
    • legal magpie
    • By legal magpie 8th Jan 18, 10:00 PM
    • 781 Posts
    • 364 Thanks
    legal magpie
    You may have jumped the gun by cancelling rather than complaining bitterly and asking for them to stick to the original times or to suggest an alternative or to offer a refund
    • Daveymac
    • By Daveymac 9th Jan 18, 7:34 AM
    • 4 Posts
    • 0 Thanks
    Daveymac
    Hi ,I did ask if they had a an alternative flight but they said there wasn’t ,one available ,I also asked if I could transfer my flight to a different airport ,they also said it couldn’t be done .i explained my reasoning behind this but they just weren’t interested .i just think this goes against the basics of our consumer rights .they can’t provide what I paid for so I should be refunded my monies .
    i think it’s apalling they are allowed to do this .
    • JPears
    • By JPears 9th Jan 18, 9:26 AM
    • 3,409 Posts
    • 952 Thanks
    JPears
    I would suggest you check the terms and conditons very carefuly.
    It has been mentioned previously that the contract is very one sided with airlines in the context of non- refundable tickets.

    There could be an argument for small claims action under the unfair contracts laws?
    Did you get a package from TC - flights and accommadation?
    Last edited by JPears; 09-01-2018 at 10:20 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • JPears
    • By JPears 9th Jan 18, 11:12 AM
    • 3,409 Posts
    • 952 Thanks
    JPears
    From TC's T&Cs:
    5.
    CHANGES BY US, CHANGES BY
    YOU
    5.1
    Schedule
    Changes
    We will inform you of any significant changes to your flight as soon as
    we become aware of them. If flight times change significantly, we will send a revised confirmation itinerary to the email address or postal address that you gave at the time of booking.
    . If a travel agent has made the booking on your
    behalf, all confirmations will be sent to that travel agent. However, it is your responsibility to reconfirm all flight details at least 48 hours prior to departure by viewing your booking itinerary
    online using our
    ‘Manage Booking’ facility on this website.
    Departure and flight times shown may change between the date of booking and the date you
    actually travel.
    We do not guarantee them to you and they do not form part of your contract with us.
    Before we accept your booking, we will notify you of the scheduled flight time in effect at that time, and it will be shown on your Ticket.

    It is possible that we may need to change the scheduled flight time subsequent to issue of your ticket.
    If you provide us with contact information, we will endeavour to
    notify you of any such changes. If there is a flight change on your booking, a significant change is: a change of time over 12 hours or more, a change of destination, or a change of the UK
    departure airport.

    Any other change is not a significant change. Any change which is not deemed to be significant will be classed as a minor change.
    If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you m
    ay be entitled to a refund.



    How much later is the outbound flight?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Daveymac
    • By Daveymac 9th Jan 18, 12:56 PM
    • 4 Posts
    • 0 Thanks
    Daveymac
    The actual flight change is 8 hours ,so well within the ‘allowed’ time for it not to be a ‘significant change’.but because of this I would be 24 hours late into my accommodation as well as having no were to stay between 8pm (landing at Heraklion) and 12 pm the next day which is the time I can collect the keys to our accommodation (12til 6 pm).the flight was booked specifically to get us there in time and now it doesn’t .
    Say I went and bought a black sofa ,paid for it and was told it would be. Delivered in 10 weeks ,then after 5 weeks they emailed me and said they are going to deliver a red one instead.i would be able to get a full refund without any problems .
    What’s the difference .
    • Daveymac
    • By Daveymac 9th Jan 18, 12:58 PM
    • 4 Posts
    • 0 Thanks
    Daveymac
    Just the flights
    Just the flight.may I also add that I have flown Thomas cook almost every year for the last 30 years.
    so much for being a loyal customer .
    • JPears
    • By JPears 9th Jan 18, 2:08 PM
    • 3,409 Posts
    • 952 Thanks
    JPears
    None.
    And this is where there is a problem because you can't make unilateral changes without charge or penalty, yet the airline can. And re-sell your seats, possible at higher price too!
    The T&Cs are far too one sided. And may not be necessarily lawful.
    You may need to sue via the small claims court -
    https://en.wikipedia.org/wiki/Unfair_terms_in_English_contract_law
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • hoolicool
    • By hoolicool 10th Jan 18, 4:28 PM
    • 2 Posts
    • 0 Thanks
    hoolicool
    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
    Originally posted by Paulcox741
    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.
    Originally posted by Bbunter82
    We were on the same flight number the following day and had the same issues! I'm about to start the process with Thomas Cook, it looks like it'll be a long and not particularly straightforward one
    Last edited by hoolicool; 10-01-2018 at 4:40 PM.
    • hoolicool
    • By hoolicool 10th Jan 18, 4:37 PM
    • 2 Posts
    • 0 Thanks
    hoolicool
    TC Flight MT2928 23/07/17
    New user here. Hopefully someone can help!

    According to the defined flight time rules (doors needing to opened) this outbound flight was delayed by 2hr 57m. Everyone on the flight was then told to remain in our seats as there were too many people in the customs area. We then sat on the plane for another 20 mins before we were allowed to even get up to disembark.

    The issue for us is that it was clear that the crew had done this to avoid the 3hr delay. Our question is is do we have any means of pursuing a claim given that TC clearly gamed the rules?
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