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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Gorbar
    Gorbar Posts: 111 Forumite
    They turned me down weeks ago, never bothered to reply to the Greek CAA, they claimed a incorrect FAX NO. They have given people on the same flight different reasons for the delay. I contacted them again to see if they had replied to the authorities, their reply, no, my file is still under investigation . I have now put it in the hands of somebody who charges a percentage, better something than nothing
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    edited 30 January 2013 at 11:41AM
    Hulmie wrote: »
    Im really sorry about this but i have read through the FAQ's on the first page and a lot of it does not make sense to me as ive never had to take anyone to court before.

    please can someone give me some plain english advice on what they think i should do regarding the flight delay we encountered.

    Given your circumstances I would work at it slowly (as you have 5 and a bit years to go anyway!) .... I would start off by writing to the CAA (as you flew from the UK) - their comment will have no real bearing on a Court case other than you having the ability to table their letter of support. CAA are taking 18 > 20 weeks to provide a written response so after you have contacted them I would sit back and wait so long as you have lodged your claim with TC and received their acknowledgement.
  • Suz1982
    Suz1982 Posts: 13 Forumite
    We were due on flight TCX174 on 9th November 2012 from Manchester Airport to Jardine Del Reys Airport with the scheduled departure time of 10:10am. Although the flight took off on time, a problem with the engine which had not been detected prior to the flight taking off, resulted in the plane turning round after an hour and a half and returning to the UK. On returning to Manchester Airport, the communication from Thomas Cook can only be described as shambolic. There was no communication on first landing back at Manchester, so we decided to purchase a meal at the Airport – only for an announcement to be made almost an hour later stating that lunch would be provided at the Crowne Plaza Hotel. At this point as we had already ordered and paid for food we were unable to make use of this.

    We were then informed that a further announcement on the status of our flight would be made at 5.30pm. No announcement was made until after 6pm. We were then told our flight had been rescheduled to 9am the following morning and accommodation would be provided at the Crowne Plaza Hotel. No transport was provided to take us to the Crowne Plaza Hotel, and the lady who made the announcement at the airport and told us she would take us to the Crowne Plaza didn’t know the way there! The group of people who had stayed at the airport that day awaiting the announcement followed a fellow passenger who knew the way. There seemed to be no organisation or communication, and no apology. Further chaos ensued checking in at the Crowne Plaza – many passengers were distressed as the hotel only had twin rooms available, people with young families were upset about this, and luggage did not arrive until after 8.30pm.

    We finally arrived in Cuba after a 23 hour delay. We have since done some research and found out that our plane that had the engine problem had had another engine problem on a flight to Florida days before, and that flight had to be diverted to Iceland, so those holiday makers were significantly delayed in getting to Florida and had to spend the first night of their holiday in Iceland, then again a week or so after our incident, the engine had problems AGAIN on the very same plane on a flight to Mexico, and again had to be diverted back to Manchester. So this plane had 3 serious engine incidents in a 22 day period.

    We have wrote to Thomas Cook with the Martin Lewis template letter, with some details of our own added in and received 2 letters saying they are inverstigating our complaint, and apologising for the delay. I emailed them this week this chase this up and again was told that they ae still investigating this.

    However, I have a friend was also travelling on this flight which had to turn back to Manchester. She was travelling with her partner and her little boy who is autistic. When the flight turned back and the ensuing delay, her son became so distressed that they opted to go home and elect not to take the rescheduled flight. She also complained to TC, and got a response to her letter telling her that they were not entitled to any comepnsation. She was very angry, as the letter they sent her was clearly a template letter and they had wrote "despite this incident we hope your holiday was memorable and enjoyable". Showing clearly that they had barely bothered to read her letter as she didn't even go on the holiday! This has made me feel very concerned that Thomas Cook will try and fob us off with a similar template letter!

    Was anyone else reading this on that flight, or can anyone give advice on how further to proceed with this?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Centipede,
    do you think it is worth going back to them & letting them know that we have evidence now of two different reports for the same flight thus giving them chance to settle before court or just go for court & bring it to their attention then??

    Hi (i'm not centipede btw :D ) IMO I would phone the court and see if there's a chance that you could join the cases with mcsave, I don't know if this is feasible geographically.
    I wouldn't give the airline a chance to be privy to the double mistake they have made, at this stage.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    cfpg02 wrote: »
    ... I gave TC an LBA...
    Apart from starting a MCOL is there any other advice?

    No, off to court you go, they have had their chance.
    It is up to the airline to *prove* the delay was EC, not just claim it.

    The claim that "The cause of the breakdown could not have been foreseen prior to your aircraft departing..." is NOT an EC.
    The regulation does not require crystal ball anticipation of events. It only provides the airlines with an escape clause, if the events were 'beyond their control'. Like Fog, or Ice, or Snow, or a terrorist attack. Not mending planes as the problems arise.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hulmie wrote: »
    Im really sorry about this but i have read through the FAQ's on the first page and a lot of it does not make sense to me as ive never had to take anyone to court before.

    please can someone give me some plain english advice on what they think i should do regarding the flight delay we encountered.

    My 'plain English' advice is going to be a little different to 111KAB's.
    If you really can't get your head around the FAQ's, then hand your claim over to a company now, as IMO you won't be able to deal with taking them to court yourself.
  • Hi,

    Just wondering if I could ask for a wee bit of advice please.

    I was on a flight from Manchester to Cuba in September 2012 that was delayed for about 5 hours - it was completely shambolic, but don't need to get into all that.

    I completed the letter and sent it off to Thomas Cook 3 weeks ago, stating in the letter that they have 14 days to respond. I have heard nothing at all as yet.

    How long would you wait before pursuing this further and what would you do?

    Thanks!
  • Hi,
    After many letters/emails I have finally had a definitive NO for my claim for compo from TC.
    Our flight was delayed approx 7+ hours, I have it in writing that this was due to an oil leak.

    The letter I have just received says that all aspects of my case have been looked at in detail and that there is nothing they can do, i quote "Our stance on this matter will not change."

    They advise me to contact the CAA if I am still unhappy.

    Does this mean that they are certain the CAA will back them up- ie an oil leak is extraordinary circs therefore no compo payable??

    Any advice appreciated!!Thanks
  • I would love to hear opinions of this situation.
    Me and my husband suffered two flight delays on our holiday to Mexico in November. 29 hours on the way out and 24 on the way home.
    I request Thomas cook write to me and provide me with a specific reason for the flight delays for my own private insurance claim, which they did after some cajoling. if this helps anyone i will post the info below;
    flight TCX 242 - gatwick to Cancun delay due engine change required as air conditioning failed.
    flight TCX 243 - cancun to gatwick delayed due to crew rest break
    i used the template on this site and wrote two separate claims, and enclosed a covering letter stating i had a transcript of the on line conversation where the operator stated i was not able to cancel despite the delay on over 24 hours. i also asked them to compensate me for the loss of holiday, almost two days and the private transfers and parking we incurred.

    i have today recieved a reply. it staes the usual about how sorry they are and how planes are like cars......lol.

    they claim that the first flight was "extraordinary circumstances" but for the return flight do not wriggle. however they have offered us compensation in the way of a voucher for £1050, with no explanation of what it relates to.
    i do not wish to travel with TC every again and the voucher also expires in a year, and i have since booked all my holidays until April 2014.

    Advise - should I accept Extraordinary circumstance for flight out or go to step two with CAA, and should this cover both flights as they do not make referrence to what this voucher is for.
    do i accept the voucher or insist that TC refund me in cash? Can i do this?

    All help welcome!
  • Suz1982 wrote: »
    We were due on flight TCX174 on 9th November 2012 from Manchester Airport to Jardine Del Reys Airport with the scheduled departure time of 10:10am. Although the flight took off on time, a problem with the engine which had not been detected prior to the flight taking off, resulted in the plane turning round after an hour and a half and returning to the UK. On returning to Manchester Airport, the communication from Thomas Cook can only be described as shambolic. There was no communication on first landing back at Manchester, so we decided to purchase a meal at the Airport – only for an announcement to be made almost an hour later stating that lunch would be provided at the Crowne Plaza Hotel. At this point as we had already ordered and paid for food we were unable to make use of this.

    We were then informed that a further announcement on the status of our flight would be made at 5.30pm. No announcement was made until after 6pm. We were then told our flight had been rescheduled to 9am the following morning and accommodation would be provided at the Crowne Plaza Hotel. No transport was provided to take us to the Crowne Plaza Hotel, and the lady who made the announcement at the airport and told us she would take us to the Crowne Plaza didn’t know the way there! The group of people who had stayed at the airport that day awaiting the announcement followed a fellow passenger who knew the way. There seemed to be no organisation or communication, and no apology. Further chaos ensued checking in at the Crowne Plaza – many passengers were distressed as the hotel only had twin rooms available, people with young families were upset about this, and luggage did not arrive until after 8.30pm.

    We finally arrived in Cuba after a 23 hour delay. We have since done some research and found out that our plane that had the engine problem had had another engine problem on a flight to Florida days before, and that flight had to be diverted to Iceland, so those holiday makers were significantly delayed in getting to Florida and had to spend the first night of their holiday in Iceland, then again a week or so after our incident, the engine had problems AGAIN on the very same plane on a flight to Mexico, and again had to be diverted back to Manchester. So this plane had 3 serious engine incidents in a 22 day period.

    We have wrote to Thomas Cook with the Martin Lewis template letter, with some details of our own added in and received 2 letters saying they are inverstigating our complaint, and apologising for the delay. I emailed them this week this chase this up and again was told that they ae still investigating this.

    However, I have a friend was also travelling on this flight which had to turn back to Manchester. She was travelling with her partner and her little boy who is autistic. When the flight turned back and the ensuing delay, her son became so distressed that they opted to go home and elect not to take the rescheduled flight. She also complained to TC, and got a response to her letter telling her that they were not entitled to any comepnsation. She was very angry, as the letter they sent her was clearly a template letter and they had wrote "despite this incident we hope your holiday was memorable and enjoyable". Showing clearly that they had barely bothered to read her letter as she didn't even go on the holiday! This has made me feel very concerned that Thomas Cook will try and fob us off with a similar template letter!

    Was anyone else reading this on that flight, or can anyone give advice on how further to proceed with this?

    We were on this flight and I have had the template response so to speak. That was back in December and I have another letter ready but I have not yet sent it as I was waiting to see how other peoples cases were sorted.
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