Flight delay and cancellation compensation, Thomas Cook ONLY

bubblesxxx68

Hi All
Just sending off my template letter i got from the which website for a claim for my delayed flight.
I had a delayed flight with Thomas Cook Airlines on the 18/12/2011 flying from Cancun Mexico for over 20 hours ,We was speeding along the runway ready to takeoff when the brakes where sharply applied,Shock,Horror :-( we all had to be transfered back to the airport terminal , Then around 10 hours later transfered to Hotels overnight to await another flight the next day.
We received letters from Thomas Cook stating unavoidable operational circumstances ( That i still have ) But from what i remember the Thomas Cook Rep said there was a problem with the tyres or wheels ( Shouldn't this come under general service !!) Have spoke with the CAA (Civil Aviation Authority)0207 453 6888 (Monday to Friday 9.00am to 2.30pm) and informed me to make a complaint / claim , I will await my responce and let you know how i get on as soon as i get a reply , The CAA said to get straight back on to them if i'm not happy with the responce and they will look into it further , Will keep you posted.
**** HAS ANYONE ELSE CLAIMED THATS BEEN ON THE SAME FLIGHT AS ME !!! CANCUN , MEXICO 18TH JAN 2011,IM SURE YOUR REMEMBER AS OF THE PROBLEM ON TAKEOFF ******

cfpg02

Mark2spark wrote: »

Of course you have. A plane 'going tech' is not an EC.
Time for a LBA with 14 days notice or commence court action.

Include wording along the lines of the judgement where it says that the onus is on yourselves to provide proof that the circumstances were extraordinary, and not inherent technical problems in line with your day to day operations, which you have clearly failed to do, therefore you put them on notice... 14 days... blah blah... court action be filed... etc

Hello again, I received another swift reply from TC - they dismiss my cllaim and refuse to give me any details. They say:
"
Thank you for your furthercorrespondence regarding the difficulties you have encountered during yourholiday to Rhodes.
I was very sorry to read that I havebeen unable to resolve your complaint to your satisfaction and I have taken theliberty of reviewing the information concerning your flight delay.
Unfortunately, having done so, thereis nothing further I can add to my previous correspondence, where I haveattempted to address your concerns. Whilst I understand that you believe that the delay was not caused byextraordinary circumstances, I can confirm that the root cause of the delaycould not have been foreseen.
It is regrettable that we have beenunable to reach a conclusion on which we can both agree. However, based on the information I haveavailable, I do not feel compensation is appropriate in this case.
I trust I haveclarified our position, and I am sorry we have been unable to amicably resolvethis case for you."

Can you point me to a link where I can copy the right part of the judgement which says the onus is on TC to provide me with details of what went wrong? And that I have a right to know it.
Thanks.
In the meantime I contacted CAA but they obviously have a backlog. Is it time to start a MCOL?

richardw

cfpg02 wrote: »

.....Can you point me to a link where I can copy the right part of the judgement which says the onus is on TC to provide me with details of what went wrong? .....

Article 5.3 of EU Regulation EC 261/2004

Lucilla

rusty_frog wrote: »

As far as TC accepting, even in writing, that any delay was down to technical or mechanical problems, they will almost always claim they were "extraordinary circumstances" anyway, and will not be offering you a settlement.

So with that in mind, I would not be too concerned as to whether you will be offered vouchers instead of cash.

Not too many success stories have been reported to date.

After having a trawl through some of the forums, it seems quite a few people are banging their heads against a brick wall with these airlines, so you could be right about the vouchers!

I'm not sure how far I want to take this myself - I see there have been a few success stories with other airlines but Thomas Cook seems to be one of the ones dragging their heels.

But I'll come back here and report if I get any response - whether good, bad or indifferent!

Mark2spark

cfpg02 wrote: »

Can you point me to a link where I can copy the right part of the judgement which says the onus is on TC to provide me with details of what went wrong?

It'll be a waste of ink, time, and a stamp.
They have made their position clear.
Time to issue MCOL.

tillie101

Hi,
I was wondering whether you could offer some advice please. I was delayed for 13 hours on a 2 hour flight to spain. I have complained to thomas cook several times over the last 6 months. After 6 months they finally offered me £630 worth of vouchers which i'm not happy with as they have an expiry date on of 12.12.13. we have already booked our 2013 summer holiday so vouchers are no use to us.

Also I would not fly with thomas cook again due to lengthy delays on both depart and return journeys.

I want to take this further as I want cash compensation. What is the best way to go about this. Is it worth taking it further than the airline? any help would be appreciated,
Thanks
x

blondmark

richardw wrote: »

Article 5.3 of EU Regulation EC 261/2004

Yes, under 261/2004 the onus is on the airline not just to allege but also to prove the existence of extraordinary circumstances. Further, any failure on the part of the airline to provide advance copies of any documents you require to evaluate a proposed action (or to provide a full explanation as to why the documents cannot be provided) is also a breach of the Practice Direction on Pre-action Conduct, part 4.2(6), issued by the Ministry of Justice. The airline's failure to comply which results in unnecessary litigation can result in costs sanctions being imposed against them in proceedings, even in the small claims track (rule 27.14(2)(g)).

doz123

doz123 wrote: »

I am still waiting for a reply from Thomas Cook about my delayed flights to and from Santorini.
Outgoing flight TCX 908K was due to take off 11am 31-8-2010 but finally took off at 7pm, 8 hours delay. On Flight Stats states it took off at 11.30am. I contacted them and they stated if I was going to make a claim they could not give me that information.

The returning flight from Santorini TCX 908L 14-9-2010 shows the correct information on flight stats flight delayed 400 minutes.

I have written to Thomas Cook again giving them 14 days to answer.

Would the CAA be able to find out the reason for the delays.

I Have received a letter today with the usual excuses part of the letter states

" Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precations necessary to prevent the situation. All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the maintenance of your own car, which can break down without any warning.

I can see that customers were provided with welfare during the delay, in line with our obligations under EU regulations 261/2004. As events were defined as "extraordinary" no payment of compensation is considered appropriate in this case")


Any advice can I still claim, I have written to the CAA. Do I start court action.

supermum4

Hi I can't find the LBA template letter from page 1 can someone please point me in the right direction:) cheers

supermum4

Centipede100 wrote: »

Yep. FAQs on page 1!! Between Monarch claim form and Airline Claims 2 years maximum to claim, helpfully entitled Centipede100 Template letter...

Hi sorry though the LBA was another one i had to send them if they refused to pay up:o that's the one I originally sent so will now contact the CAA and then court me thinks;) cheers you've been a great help:T