Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Superhorn wrote: »

You maybe able to submit further information to the court before your hearing especially as TC have not afforded you the chance to know exactly why you are taking them to court. This could be in the form of a skelton argument sent to the court & and of course TC. They will be producing one.

In our hearing I was able to bring to the attention of the judge a timeline of the delay of which was not originally submitted in my bundle.

In my view county court are not that strict (could depend on the judge). TC submitted their bundle much later than the deadline and when I queried at an initial hearing the Judge 'so what'.

Superhorn this is EXACTLY the same as my case against Monarch. Late incomplete submission - you mention an initial hearing does this mean a second one?

jacksback

Superhorn wrote: »

You maybe able to submit further information to the court before your hearing especially as TC have not afforded you the chance to know exactly why you are taking them to court. This could be in the form of a skelton argument sent to the court & and of course TC. They will be producing one.

In our hearing I was able to bring to the attention of the judge a timeline of the delay of which was not originally submitted in my bundle.

In my view county court are not that strict (could depend on the judge). TC submitted their bundle much later than the deadline and when I queried at an initial hearing the Judge 'so what'.

That's what I would expect from the dealings I've had so far with the court Superhorn 'so what'. There are only 4 working days between the deadline for papers and the court case. Thanks again for all your help.

pip10

Hi,

I am looking to apply for compensation for travel delays I experienced. I have read around but unfortunately have been unable to find answers to some questions I have, so I am looking for a bit of advice from those more in the know please.

We had considerable disruptions on both legs when we flew with Thomas Cook to Tenerife in February 2012. In the airport on the way back I remember commenting to my partner about the large amount of severely delayed TC flights (there were about 5 that were delayed) so it was clear they were having plenty of problems!

Here is what happened…

On the way out Manchester to Tenerife we were delayed for just over 8 hours. We received a letter at the airport, which read 'the flight is running approximately 5 hours 25 mins late due to unavoidable operational circumstances' however, obviously it ended up being quite a bit more!

On the way back it was slightly different. At Tenerife airport, in the queue, we were given another letter - the same stock letter with slightly different details re: timings; this time a 4 hours 35 mins delay.

However, when we reached the check in desk we were told that due to the size of the plane there were only around 5 seats left on our flight, these were offered to the most needy still in the queue (kids, elderly etc). The remaining passengers (around 20 of us) would have to get on a delayed Glasgow flight and get a coach back to Manchester. The Glasgow flight was due to leave at 3.30pm but was also heavily delayed and was now scheduled to depart about 10.30pm still over an hour later than we should have left for Manchester and much later than this flight was scheduled to leave.

Anyway, we arrived into Glasgow just after 3am and eventually arrived outside Manchester airport by coach at 8.30am due to rush hour traffic! We were due to land in Manchester at 1.45am so we were around 6 hours 45 mins late.

1. I wondered, would it be best to send two separate requests for compensation or detail both in the same letter?

2. As my return journey involved a re-route to Glasgow and then a coach journey adding to the total delay – does this come under the criteria for applying for compensation?

Thanks in advance for any help.

Caz3121

I would go with 2 separate claims

outward for the delay and return for denied boarding

sging1

jacksback wrote: »

Just wanted to put a word a warning to all those who are following the advice to "just take them to court" This is in no way an easy thing to do and I would suggest using a firm to do your claim for you. I currently have my court date and am now attempting to put a court case together, in which I am expected to know all the cases to refer to, which I don't even understand when reading them, not having any legal training! I know of someone who lost their case without even getting to speak as obviously TC know what they are doing and have a full legal team. Also it has cost me £280 upto now and I'm not expecting to win as I'm not a barrister! Obviously I will let you know the outcome of my case after my day in court. I think this should be added to your FAQ page as had I known what it entails I wouldn't have attempted to do it myself.

I'm in the same boat. I just deferred the court action for one month to follow the courts advice on trying to settle out of court first and have written to TC solicitors to see if we can do this and supplied a really good reply to their defence, which is again stating "Extraordinary Circumstances" due to a "Technical Fault" but again they have not supplied to me details of what the fault was even though I requested this.
The problem I have found is that when you start a claim yourself no legal firm wants to then take it on half way through.

wendyjaycee

Below is my latest contact from TC!!


Dear Wendy


Thank you for contacting us again regarding your recent holiday, I write further to your most recent correspondence and I am sorry that you remain unhappy with the response you have received so far from our Customer Relations Team.

Unfortunately we are not able to provide you with the answers to the questions raised in your correspondence 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 pursue this matter further, I would therefore suggest that this is done through the Civil Aviation Authority by logging on to their website https://www.caa.co.uk

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.

Kind Regards


Paul McClung
Flight Delay Co-Ordinator
Customer Services


I seem to have been put back on the TC letter roundabout!!

I havent contacted them to ask for info re the technical delay as i already have a report from them (which they seem very surprised about as apparently they dont give them out only the CAA can do that). I cant talk to the guy who wrote the letter as he is not in today (altho he sent me the email at 11.13am!! The CAA still havent got back to me so i have contacted them & they are still waiting on Technical logs from TC!!

Very helpfull!!

cindybagwell

I recently made a claim for a Thomas Cook flight which I took last year from Gatwick to Lanzarote which was 4 hours and 20 mins late. I have received a reply back from Thomas Cook offering me £1268.00 (which is the equivalent of 400 euros each for our family who took the delayed flight). However, they have given me this money as a travel voucher which needs to be used up by May next year. I have already booked this year's holiday and will not be travelling abroad before May next year. Does anyone know if I have to accept this travel voucher or am I entitled to a cheque? All answers appreciated.
Thanks

lee111s

Thomas cook have now came back to my after accepting my claim and sending an email to say a cheque had been authorised to say that the flight delay was only 2 hours 4 minutes, not the 3 hours 19 minutes stated on flight stats (and which it actually was)

If I do take them to court how can I prove that the flight was delayed for longer than 3 hours? Would the judge likely find in my favour given that TC have changed their mind after agreeing to pay out?

Lucile_park

Hi all

After chasing TC for 3 months, have finally been emailed the outcome today.....

Dear XX

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.


We also spoke to them today also and thery stated that although it was a technical issue, as the aircraft had been serviced recently- this was unforeseen and therefore does not qualify for compensation. Seems like an excuse really.

Any advice on next steps from here would be much appreciated. TC on the phone said we should approach the CAA, but not sure what that will achieve.

Thanks

111KAB

cindybagwell - you are entitled to cash - keep record of vouchers and send them back asking that they be replaced with a cheque.