Flight delay and cancellation compensation, Thomas Cook ONLY

Ich_2

Is there not a requirement in the regulations that requires the passengers to have checked in for the flight or does this only apply to denied boarding?

Shelley01

This letter likewise fell on my doorstep 28 days later!

TCX 159 Sanford Orlando FL to Manchester Intl GB. 06/09/2011

Dear Mr XXXXXX

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

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 precautions 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. This can be compared to any mechanical breakdown which can happen at any time without prior knowledge or warning.

I can see that passengers were provided with welfare during this time, which was deemed appropriate for the length of your delay. It is with regret to inform you that we will be unable to consider any claims for compensation as a result of the delay to your flight.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.


Can anyone advise me on what else I should do next? I have issued an NBA today and some EC 261/2004 Law which states that a technical fault is not an extraordinary circumstance. And therefore I am entitled to compensation. Thank you!

Shelley01

date added onto Thomas Cook Forum...26th April 2013

FLIGHT DELAY COMPENSATION....!

Dear Thomas Cook,

The reason why I am annoyed is that some customers are receiving compensation for flight delays or cancellations, whilst others are not.

In my case there was a mechanical fault with the aircraft, so we were told at the time, and my flight was scheduled 24 hours later.

You cannot say that a technical fault is an extraordinary circumstance and as such you are not entitled to compensation but yet you are paying out compensation to customers for technical faults!

Clearly This is making customers confused and frustrated as I am.

Is this not a fair point I am making? Ref Xxxxxxxx

Regards....

Isn't it ridiculous the run around we are having!!

Vauban

Shelley01 wrote: »

date added onto Thomas Cook Forum...26th April 2013

FLIGHT DELAY COMPENSATION....!

Dear Thomas Cook,

The reason why I am annoyed is that some customers are receiving compensation for flight delays or cancellations, whilst others are not.

In my case there was a mechanical fault with the aircraft, so we were told at the time, and my flight was scheduled 24 hours later.

You cannot say that a technical fault is an extraordinary circumstance and as such you are not entitled to compensation but yet you are paying out compensation to customers for technical faults!

Clearly This is making customers confused and frustrated as I am.

Is this not a fair point I am making? Ref Xxxxxxxx

Regards....

Isn't it ridiculous the run around we are having!!

Write a NBA letter (follow the template) given the airline 14 days to respond before you take them to court. And then, when they fail to respond or simply repeat their broken car mantra, begin proceedings. There is no point is continuing this correspondence - it is not going to get you your money.

supermum4

Hi ok so today i received an acknowledgement of service from the court and thomas cook have ticked that they will defend the claim in full, the name of the court is miles away! can i now request my local court and what happens next will i get other papers to fill out? i really need to get my defense put together so if anyone can point me in the right direction i would be very greatfull

supermum4

Centipede100 wrote: »

You will receive an Alloocation Questionnaire from the courts in the next few weeks. This return of this document allows a judge to determine a number of things, amongst which will be where you wish the hearing to be heard.

Even after you have returned the AQ there will be a at least a couple of months after that before your hearing is scheduled so you have plentyy of time to compile a Witness Statement to send to the court in advance of the hearing.

thanks i'm getting a bit nervous now;)

Davidvgoliath

supermum4 wrote: »

thanks i'm getting a bit nervous now;)

No need to be nervous. The small claims track (where your claim is likely to be allocated) is an informal process, if you get that far. You will likely receive a lot of technical support from others on this forum to help you along. And there is a chance it may not get that far - check out post #1328 on this forum for example, TC caved in before they were embarrassed in court. Or you might agree in arbitration if you and TC consent to that.

afn

OK so I phoned TC today to find out what email to send the NBA to and actually spoke to the guy Paul McClung who sent me the same letter as Shelley01 and is dealing with these claims. He said if I send them a NBA requesting details on the EC they will only refer me to the CAA and it will be a waste of time unless I am willing to go to court and if I lose will have to pay their court fees. Not sure what to do now!

Vauban

afn wrote: »

OK so I phoned TC today to find out what email to send the NBA to and actually spoke to the guy Paul McClung who sent me the same letter as Shelley01 and is dealing with these claims. He said if I send them a NBA requesting details on the EC they will only refer me to the CAA and it will be a waste of time unless I am willing to go to court and if I lose will have to pay their court fees. Not sure what to do now!

Yep. That's about right. Though you pay the court fees up front - and get them back if you win. If that's too scary, engage a no-win no-fee company (for 30% of your award).

Daza

1961templar wrote: »

Is a 'knock on" delay classed as exceptional circumstances?

No - neither a technical fault or a knock on effect are considered EC

These are the points I raised both with Thomas Cook and the AESA - and I won, along with my cheque for £715 a few days later