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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • pip10
    pip10 Posts: 137 Forumite
    edited 16 May 2013 at 12:10PM
    Isn't the 3,770KM irrelevant in this case?

    Article 7

    Right to compensation


    1. Where reference is made to this Article, passengers shall
    receive compensation amounting to:
    (a) EUR 250 for all flights of 1 500 kilometres or less;
    (b) EUR 400 for all intra-Community flights of more than
    1 500 kilometres, and for all other flights between 1 500
    and 3 500 kilometres;
    (c) EUR 600 for all flights not falling under (a) or (b).

    The poster above should get b) 400 EUR as they were on an intra-community flight of more than 1 500 kilometres ?
    c) doesn't come into play as their flight falls under b)

    Or maybe i'm understanding incorrectly.
  • ShazzyB74
    ShazzyB74 Posts: 6 Forumite
    pip10 wrote: »
    Isn't the 3,770KM irrelevant in this case?

    Article 7

    Right to compensation


    1. Where reference is made to this Article, passengers shall
    receive compensation amounting to:
    (a) EUR 250 for all flights of 1 500 kilometres or less;
    (b) EUR 400 for all intra-Community flights of more than
    1 500 kilometres, and for all other flights between 1 500
    and 3 500 kilometres;
    (c) EUR 600 for all flights not falling under (a) or (b).

    The poster above should get b) 400 EUR as they were on an intra-community flight of more than 1 500 kilometres ?
    c) doesn't come into play as their flight falls under b)

    Or maybe i'm understanding incorrectly.

    After reading a few times i think i am entitled to €600 as my flight was 3,770KM. B is for flights between 1500KM and 3500KM. C is for all flights not falling under a or b.

    EU Claim are investigating and will get back to me.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    pip10 wrote: »
    Isn't the 3,770KM irrelevant in this case?

    Article 7

    Right to compensation


    1. Where reference is made to this Article, passengers shall
    receive compensation amounting to:
    (a) EUR 250 for all flights of 1 500 kilometres or less;
    (b) EUR 400 for all intra-Community flights of more than
    1 500 kilometres, and for all other flights between 1 500
    and 3 500 kilometres;
    (c) EUR 600 for all flights not falling under (a) or (b).

    The poster above should get b) 400 EUR as they were on an intra-community flight of more than 1 500 kilometres ?
    c) doesn't come into play as their flight falls under b)

    Or maybe i'm understanding incorrectly.
    Think you might have convinced me. Its a strange one, why discriminate against EU citizens travelling within the Community? No wonder more and more people up to Turkey, Egypt, and Tunisia for their hols, better exchange rate, duty free, and now better levels of flight conpensation!!!!!!!!!!!!!:(
  • pip10
    pip10 Posts: 137 Forumite
    edited 16 May 2013 at 2:04PM
    Yeah, I really don’t know about the EU thing. Like i said, i'm no expert, but the more i read the description of compensation levels, the more i think the poster is only entitled to 400E. Maybe someone can confirm this for sure..

    It’s the comma that makes me think there are two points here related to b:

    1. EUR 400 for all intra-Community flights of more than 1 500 kilometres,

    2. and for all other flights between 1 500 and 3 500 kilometres (I take this to be a flight arriving outside the EU like you mention above)
    maghater wrote: »
    Think you might have convinced me. Its a strange one, why discriminate against EU citizens travelling within the Community? No wonder more and more people up to Turkey, Egypt, and Tunisia for their hols, better exchange rate, duty free, and now better levels of flight conpensation!!!!!!!!!!!!!:(
  • ShazzyB74
    ShazzyB74 Posts: 6 Forumite
    I guess i will find out soon enough when EU Claim come back to me. In the mean time i may ask if anybody has received compensation for a flight within europe and over 3500km.
    pip10 wrote: »
    Yeah, I really don’t know about the EU thing. Like i said, i'm no expert, but the more i read the description of compensation levels, the more i think the poster is only entitled to 400E. Maybe someone can confirm this for sure..

    It’s the comma that makes me think there are two points here related to b:

    1. EUR 400 for all intra-Community flights of more than 1 500 kilometres,

    2. and for all other flights between 1 500 and 3 500 kilometres (I take this to be a flight arriving outside the EU like you mention above)
  • ShazzyB74
    ShazzyB74 Posts: 6 Forumite
    Hi

    Has anybody who has been lucky enough to receive compenstion, received €600 per passenger for a flight within the EU but over 3,500KM?

    I have filed a claim with EU Claim company after getting fed up with Thomas Crook. EU Claim are saying that I am only entitled to €400 per passenger because it was in intra european flight, even though the flight was 3,770 miles.

    I have read Regulation 261/2004 but it isn't clear. See below.

    (a) EUR 250 for all flights of 1500km or less;
    (b) EUR 400 for all intra-community flights of more than 1500 KM, and for all other flights between 1500km and 3500km;
    (c) EUR 600 for all flights not falling under a or b.

    As pointed out in a previous post it would appear that the issue here is with the comma in part b?

    Any advice would be appreciated.

    Thanks!
  • willarikk
    willarikk Posts: 28 Forumite
    To clarify it is 400 euro;

    EUR 400 for all intra-community flights of more than 1500 KM (your flight to Cyprus 3700 km i.e. more than 1500 km), and for all other flights between 1500km and 3500km ( i.e. all non intra community flights between 1500 km and 3500km) The latter was specific to my claim namely a flight from Corfu of 2350km. Or 400 euro per person.

    Hope this explains further.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Please be patient and just stick to the facts......in short if your due a payout you will get it. I have read some detailed challenges on here and to be fair some do not qualify when they feel they do. So not everyone will be happy. BUT good luck to all. Happy to help where I can.

    Congratulations on your success. My experience has been very different however, and I know others on this forum have had a similar experience to me. TC have consistently claimed extraordinary circumstances for a technical problem with the plane for my 12 hour delay, would not budge from that position and so a court showdown looms.

    Whilst not a 'scientific' poll, it is my opinion that TC are quite often paying out claims that been initiated since the October '12 (Tui/BA/Easyjet v CAA) of an earlier ruling in the ECJ, but are putting up a bitter fight against claims initiated earlier[/QUOTE]Think you might have a point there. Also get the impression their legal team is swamped, already got them to admit they have provided me with false information about the cause of the delay.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    willarikk wrote: »
    Hi all, just to throw some random comments in to stimulate the masses.

    Firstly, I sent my claim to Harriet Green CEO of Thomas Cook Airways, a few google's found this. I would suggest that each and everyone plagarises the templateto reflect their respective case as we comment frequently that we have received the Thomas Cook generic response, when in fact they have also received the Moneysavingexpert generic template. A bit of thought and consideration saves weeks of the proverbial "tennis" me to you and so on and so forth.

    From the outset I took the time to read all the threads to make an informed judgement as to how I was to tackle my attempt at compensation (and I am no expert I can tell you).

    To formulate / structure your claim consider the facts, flight dates / flight number all from flight stats (Yes you have to register but small price to pay) I raised the points of specific to my journey, coupled with the relevant EU ruling, made reference to my completion of the Advanced passenger information (API) and last but not least requested a full response as to why they thought my flight was delayed but warned them this would be admissible in court.

    14 days later an offer of a voucher for £700, I declined the voucher despite their attempts to negotiate such, I am now waiting patiently for my cheque. I have reminded them that I have provided all copies of the email thread with them to my brief (don't have one to be honest, but could get one) and that interest would be chargeable in the event of failure to fulfil their promise.

    Please be patient and just stick to the facts......in short if your due a payout you will get it. I have read some detailed challenges on here and to be fair some do not qualify when they feel they do. So not everyone will be happy. BUT good luck to all. Happy to help where I can.
    Almost forgot Thomas Cook have more than twenty times more flights delayed by more than three hours than the industry leaders, that is a lot of ECs, bad luck, or maybe as I think they are just not very good at the job They do.
  • southy1
    southy1 Posts: 23 Forumite
    edited 16 May 2013 at 9:02PM
    sent email to miss green with all relevant info with case number yesterday awaiting reply

    our flight was tcx506k manchester to dalaman 31/05/2010 we arrived on the morning of june 2nd 28hrs late
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