Flight delay and cancellation compensation, Thomas Cook ONLY

maghater

martin1372 wrote: »

Phoned Falkirk office today- have reveived following email reply:


RE: TCX417L – AYTGLA – 14.07.08 – 12 HOURS 21 MINS CASE REF


Thank you for contacting Thomas Cook Customer Relations.

Please find below your Fly Thomas Cook confirmation with reference F, I have also attached a copy of the letter that was sent to you on 3rd April 2013.

Unfortunately we are not able to provide you with the answers to the questions raised on our call today detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook.

The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable.

We, as Thomas Cook, stand by our decision, and should you wish to take this matter further I would have to advise you to contact the CAA.

I thank you once again for taking the time to contact Customer Relations and whilst I appreciate your disappointment at present, I hope that Thomas Cook may be of assistance to you in the future.

Is there any point of contacting the CAA. If I take it to a small claims court in Scotland could Thomas Cook use the CAA as a get out?

Go straight to an NBA it is up to TC to prove the extraordinary circumstances. It is in my opinion unreasonable behaviour on their part, more or less forcing you into taking legal action, a fact that you should not hesitate to bring to the attention of the court. The CAA is really a delaying tactic, they do not actually have any legal muscle, and TC could still decline your claim even if you got a positive response.

Davidvgoliath

martin1372 wrote: »

Phoned Falkirk office today- have reveived following email reply:


RE: TCX417L – AYTGLA – 14.07.08 – 12 HOURS 21 MINS CASE REF


Thank you for contacting Thomas Cook Customer Relations.

Please find below your Fly Thomas Cook confirmation with reference F, I have also attached a copy of the letter that was sent to you on 3rd April 2013.

Unfortunately we are not able to provide you with the answers to the questions raised on our call today detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook.

The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable.

We, as Thomas Cook, stand by our decision, and should you wish to take this matter further I would have to advise you to contact the CAA.

I thank you once again for taking the time to contact Customer Relations and whilst I appreciate your disappointment at present, I hope that Thomas Cook may be of assistance to you in the future.

Is there any point of contacting the CAA. If I take it to a small claims court in Scotland could Thomas Cook use the CAA as a get out?

You will need to be fairly quick if you want to take them to court in Scotland - I think the limitation period is 5 years in Scottish courts?

martin1372

Thanks for the advice- the limitation period is 5years.

725lee

Hi

Hope someone can advise me. I had a 27 hour flight delay from Cuba to London last year. This was a Thomas Cook flight as part of a Thomas Cook package holiday. Does it matter that it was a package deal or can I still log a claim.

Thanks for any response

Vauban

725lee wrote: »

Hi

Hope someone can advise me. I had a 27 hour flight delay from Cuba to London last year. This was a Thomas Cook flight as part of a Thomas Cook package holiday. Does it matter that it was a package deal or can I still log a claim.

Thanks for any response

You know that bit in the FAQs on page one of the thread, that's written in red? The bit that says "Package holiday flights ARE covered."? Lots of other useful info there too.;)

maghater

Thomas Cook, continue to deny my claim, putting the blame on a third party (an airport employee not disconnecting pipes from aircraft properly ) got some decent stuff including Agent and principal, but been looking at Recital 68 in Sturgeon, sounds to me like the judge is saying airlines must shell out for problems caused by third parties, and claim it back from them later? Also mentioned in the 23/10/12 judgement against the Sturgeon
(recital 80), any thoughts?

grazzzz

Had my notice of issue from the court yesterday, i wonder how many people have taken this route, it must cost them as much to defend the EC's as pay out ?

111KAB

grazzzz wrote: »

Had my notice of issue from the court yesterday, i wonder how many people have taken this route, it must cost them as much to defend the EC's as pay out ?

Different airline (Monarch) but I estimate in my case which is not yet concluded around 5 times my actual compensation however as there were over 200 pax on my flight their position is probably financially justified.

grazzzz

111KAB wrote: »

Different airline (Monarch) but I estimate in my case which is not yet concluded around 5 times my actual compensation however as there were over 200 pax on my flight their position is probably financially justified.

However on one flight with over 200 passengers only a small percentage would actually claim or then even go on to court!

Shunter64

Hi, just thought I'd update my situation.

Was delayed in October 2007 from Fuerteventura to London Gatwick. My flight was delayed because the plane had a sat nav problem and had to return to London on its way over. I don't have a booking reference, boarding passes etc but do have a record of paying for the flight. TC are refusing to investigate unless I have proof so under the data protection act I sent a system access request for all records they hold on me. I had to send a cheque for £10. I got a reply from TC saying that they did not consider my request a SAR and instead were treating as a request for a booking reference. I wrote back and told them that it was indeed a SAR and unless they gave me my booking reference they were to treat it as such and respond by the 40 day SAR deadline. The deadline passed on 25/04/13 and despite cashing my cheque i haven't received a thing from them.

The time has come to go to MCOL but before I do can someone advise me as to whether I have any need to contact the Spanish CAA for confirmation of why my flight was delayed? I read somewhere on here (can't find the post now) that someone did this because the reason for their delay was a 'knock on' and therefore not an EC.

Also, at the beginning of my claim I sent a letter to TC telling them to respond within 14 days to respond otherwise I'd take court action - given what has occurred so far am I still expected to issue an NBA?

Thanks