Flight delay and cancellation compensation, Thomas Cook ONLY

willarikk

I agree there seems little merit to warrant a claim when considering the sequence of events. Sorry, probably not what you want to hear.:(

Vauban

willarikk wrote: »

I agree there seems little merit to warrant a claim when considering the sequence of events. Sorry, probably not what you want to hear.:(

It might be tricky - but I wonder whether it is quite so impossible. The European Court considered a comparable case in 2011 - the Eglitis judgement. That ruled, as I understand it, that airlines must make provision for some reserve time in their scheduling so that if extraordinary circumstances arise (in this case it was a power cut to the air traffic control), they can still put on the flight once the extraordinary circumstances are finished.

The text of the judgement is here: http://www.ceesvandam.info/default.asp?fileid=507

And some background to it is here: http://airpassengerrights.blogspot.co.uk/2011/07/recent-decision-on-extraordinary.html

If the meteorological disruption was short lived, this judgement makes it harder for the airline to use the "crew out of hours" defence.

romanby1

monkeyspanner wrote: »

I am considering resurrecting our claim for compensation regarding a 24+hr delay in the departure of flight TCX026K ( TCX 026K) from Gatwick to Calgary on 18/12/2010 due to leave at 10.30am

The delay was triggered by a short snow storm prior to boarding. Eventually we were called to the departure gate at around 15:00 and then informed at 16:00 that due to the crew being out of time the plane was delayed until 09:15 on 19/12/2010, eventual departure was 10:35 on 19/12/2010.

We had to remain in Gatwick overnight and throughtout the delay were given no assistance in terms of meal vouchers or any offer of overnight accomodation or assistance in securing accomodation.

My last communication with Thomas Cook was 7/2/2011 to which no reply was received. Their last letter fell back on waiting for the ECJ's decision re: Sturgeon/Block decision.

We did receive from TC a £45 cheque between the 3 of us for meals.

Has anyone had a successful claim for this flight? Any suggestions welcome.

I tend to disagree with the other 2 posts on this matter.
A claim when the delay was only because of the weather would fail but not receiving assistance overnight because Thomas Cook could not find a crew to fly the plane would warrant a claim.

monkeyspanner

Thanks for all the replies.

I had assumed that it might be problematic as the original cause was weather. The snow lasted about 45mins. During the day other flights managed to get out of Gatwick and there was a rumour that the plane we were supposed to have had been used for a different route. I am uncertain if this is true as the crew which came off the plane at 16:00 said they had been waiting all day and were now being stood down as they were out of time. Thanks for the suggestion about failure to provide an alternate crew.

The plane was on the stand and the snow (a couple of inches) had not been cleared around it. There was also some speculation that the plane had not been loaded as baggage handlers would not work if snow remained on the stand. Is there any way of finding out the actual operational problems?

Thanks again

mishellyo

Hi

I am having a real problem with getting TC to pay up and just wondered if anyone else had experienced this?

On 10th of April i was told that i was entitled to £1750 compensation, I asked the girl if i could have a cheque instead of a voucher and she agreed and said that would receive it in 28 days. After the 28 days had passed without a cheque I contacted them to say that i was incredibly annoyed and could they forward as a matter of urgency? I was advised that there had been an error and my cheque hadn't been processed but guaranteed that i would receive it in a maximum of 10 days. Guess what? 10 days later still mo cheque. I called again and was promised it would be here in 7 days (which expires tomorrow). If it doesnt arrive tomorrow what are my rights?
Any advice is greatly appreciated.

Thanks

mishellyo

Hi Thanks

I could really do with not having to wait that amount of time but if i have to then i will send out the NBA.

Airedalejoe

mishellyo wrote: »

Hi Thanks

I could really do with not having to wait that amount of time but if i have to then i will send out the NBA.

See post 1735, cheque eventually arrived last Friday.
It's very obvious that TC will delay posting an actual cheque for as long as possible, coming up with as many excuses as they can along the way!!

markmcc67

Hi,

I'm chasing up a charter flight delay, which I purchased through Thomas Cook in 2006.

TC are claiming because the Flyjet were the airline, they are not responsible. My issue here is TC ran the charter flight so I feel my contract is with them. Additionally, flyjet went bust in 2007 so I have no chance of pursuing them for the claim.

If it helps, I purchased this via Thomas Cook to attend a day trip football match. The flight was delayed by 5 hours, so think they should be coughing up but not sure I have a case.

Can someone provide some advice or share similar experience?

Latest reply from TC is below.

thanks
Mark

TC:
I am writing in response to your most recent email and I am sorry to hear that you experienced a delayed flight in 2006. I apologise for the delay in communication and that you have not been happy with the response you received up to this point.

After investigating the details of your claim and the correspondence sent back and forth, you have been correctly advised. The responsibility of the flight was in the hands of Flyjet, and the EU Regulation 261 clearly states that any compensation which may be due is the responsibility of, and to be issued directly by, the airline itself. As we were your Tour Operator, we had no control over the operations of the flight.

If you wish to have this confirmed, please do not hesitate to contact the Civil Aviation Authority by logging on to their website

111KAB

markmcc67 - you are 'stuffed' on the 6 year rule + airline going bust rule ~ a double whammy I'm afraid.

markmcc67

thanks for the reply

We got our claim in before the 6 years had elapsed but with the airline going bust i guess it doesn't matter.

Mildly annoying as TC were the official travel partner of Celtic, so doesn't seem right that they cane pass the buck onto flyjet as TC were the ones who took our money and arranged the charter.

Still never mind, one of these things I guess.