Flight delay and cancellation compensation, Thomas Cook ONLY

maghater

Superhorn wrote: »

We travelled to Las Vegas on 17/12/2008 Flight TCX033 and delayed at Manchester Airport for over 5 hrs. The reason for the flight delay confirmed by airport staff was a technical problem and the aircraft arriving late from its previous sector.
On our way to Las Vegas we were diverted to Ontario Airport in California due to snow at Las Vegas airport.
When I complained to TC and asked for the actual technical problem they stated it was a Spoiler Actuator (used everytime upon landing as a brake) that required replacing in Cancun before our flight. When the aircraft arrived at Manchester Airport to operate our flight to Las Vegas it required its weekly maintenance check and therefore the 5 hour delay.
We took our case to county court and lost the case as their barrister (Jack Harding) used all the alloted time so we did not have chance to put our argument to the District Judge. Their defence relied totally on the Montreal Convention (I kid you not) . The barrister just read out word for word about 3 law cases that included Sidhu v British Airways. We were granted an appeal however was caught up in the 'stay'.
My view is that the technical problem (Spoiler Actuator) is not Extraordinary Circs (EC) as its is in the normal activity of the aircraft and the weekly maintenance check is also not EC.
We cited Walletin / Sturgeon and Kramme cases.
I have recently written to TC and asked them to pay up and save themselves some cash with employing another barrister but they declined my request. Luckily we have a solicitor who has taken on the case free of charge

I have contacted ABTA, Local MP, MEP & CAA who provided no support at all although this was well before the judgement in October 2012.

Quite worrying, I would have thought Wallentin covered that quite nicely. I am taking TC to court, and think I have a pretty good nailed on case, but they insist on dragging it on. Probably hoping for a judge such as yours. Agree the CAA are a waste of space, best of luck.

Superhorn

maghater wrote: »

Quite worrying, I would have thought Wallentin covered that quite nicely. I am taking TC to court, and think I have a pretty good nailed on case, but they insist on dragging it on. Probably hoping for a judge such as yours. Agree the CAA are a waste of space, best of luck.

Go to court well prepared, the barrister will grill you when you take the stand. Read their bundle very closely and make notes during the hearing. If you know your bundle and their bundle inside out you should know

Write down what you want to say, deliver it as a speech and leave nothing to chance. The District Judge we had promised to read our bundle due to being out of time but she obviously didn't as Reg 261/2004 is very clear when it comes down to Extraordinary Circs.

Jayne3158

Hi, my family and I (total 4 people) were on Thomas Cook TXC971 December 15th 2009. We were delayed on the return flight from Banjul, Gambia to Birmingham UK by 23 hours because of technical issues. Obviously I do not have the tickets any more as at the time we did complain and received £80 in total when we returned home plus we were put into a hotel with evening meal and breakfast. I have sent an email for compensation to Thomas Cook and await a response, I have told them not to send the usual 28 days letter to me though I do expect to get one! Would help if anyone else was on this flight and is trying to claim. Maybe I don't have a case I don't know, any one got any info that could help me? Thanks Jayne

maghater

Jayne3158 wrote: »

Hi, my family and I (total 4 people) were on Thomas Cook TXC971 December 15th 2009. We were delayed on the return flight from Banjul, Gambia to Birmingham UK by 23 hours because of technical issues. Obviously I do not have the tickets any more as at the time we did complain and received £80 in total when we returned home plus we were put into a hotel with evening meal and breakfast. I have sent an email for compensation to Thomas Cook and await a response, I have told them not to send the usual 28 days letter to me though I do expect to get one! Would help if anyone else was on this flight and is trying to claim. Maybe I don't have a case I don't know, any one got any info that could help me? Thanks Jayne

Looks like you will have a good case, 600 Euros per passenger, problem is TC will not make it easy for you, probably deny liability, under extraordinary circumstances, because they nearly always do, but 23 hour delay for technical problems, they are taking the michael

Ellsjthomas

Hi all
Can anyone direct me to or email be letter template for claiming for a flight delay of 24hours to turkey in 2011 and any information on what proof I need, many thanks in advanced
Johnthomas1970@virginmedia.com

Cheers

Ich_2

Check the FAQs where all the information is that will answer your question

I would also suggest you remove your email address from view

bbbcfc

spoke to tc yesterday 1800 lady said details of my delayed flight dated 6/07/10 8 hour delay, will be passed on and will take upto 28 days for reply.got reply tonight saying airlines have delays and they did everything by the book and i would not be getting any compo. any idea how i go about taking this further. tks bbbcfc

blondmark

bbbcfc wrote: »

spoke to tc yesterday 1800 lady said details of my delayed flight dated 6/07/10 8 hour delay, will be passed on and will take upto 28 days for reply.got reply tonight saying airlines have delays and they did everything by the book and i would not be getting any compo. any idea how i go about taking this further. tks bbbcfc

Hmmm ... ask them what book they did it by. If it wasn't strictly in accordance with the narrow exceptions under 261/2004, then they owe you compensation. Give them 14 days to provide full documentary proof of how they allege extraordinary circumstances made your particular flight late, and then fully particularise and evidence all the efforts they made to avoid a delay as a result.

Thomas Cook aren't about to do any such thing, so just sue them in two weeks.

Oliver_CromWall

Evening all, long time lurker, first time poster.

Has anyone had any joy claiming against TC for the above farce?

The flight was delayed due to the incoming plane landing in Tenerife to undergo repairs, then landing too late in the night for the airport to allow us to board it. As a result we were shipped off to a local hotel and boarded the flight exactly 18 hours late.

On flightstats it shows that it took off without fault but 300 or so passengers could argue differently! We tried to get compensation for this the minute we got home and were fobbed off by TC and then ABTA ruled on their side!

Many thanks.

maghater

Oliver_CromWall wrote: »

Evening all, long time lurker, first time poster.

Has anyone had any joy claiming against TC for the above farce?

The flight was delayed due to the incoming plane landing in Tenerife to undergo repairs, then landing too late in the night for the airport to allow us to board it. As a result we were shipped off to a local hotel and boarded the flight exactly 18 hours late.

On flightstats it shows that it took off without fault but 300 or so passengers could argue differently! We tried to get compensation for this the minute we got home and were fobbed off by TC and then ABTA ruled on their side!

Many thanks.

Don't worry about ABTA they will always back the big holiday companies. 18 hour delay, should certainly take some explaining by Thomas Cook. They need to prove the delay was caused by extraordinary circumstances, which seldom include mechanical or technical issues. For openers, send in the CAA template letter (on opening page of this forum), then mug up on the FAQs, then dig in for a fight.