Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

markmcc67 wrote: »

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.

Moot for you, but to clarify for others: the six year limit is for commencing legal action, not writing to the airline. It doesn't matter if you've been in dispute for years: if you don't initiate legal proceedings before the six years are up, you're stuffed!

sindyjames

It seem that Thomas Cook will use any excuse to get out of paying compensation.
If saying that you have run out of time to claim doesn't stop you, they then seem to go onto the technical problems.
I have put together a few of the flights for which I believe TC claimed technical problems

T305016J, 26 hour delay on2nd July 2008 from Cancun, Mexico to London Gatwick?


Flight TCX1867 Izmir to Gatwick 30/06/2012 delayed overnight. Somethingbroken on the plane,

. I was delayed 19 hourscoming home from Tunisia last August due to "unforeseen operationallysignificant defect". We were taken to another hotel for the night and flewhome on a different flight number (TCX0977) the following day. Half the peopleon our original flight (TCX1325) flew home on a smaller plane
due to techinical probs on a flight from Hurghada to Manchester

23/07/2012 (TCX2527 Dalaman, Turkey to Manchester - delayed by 4.5hrs)

supermum4

Hi all just received tcook defendants defence today and after loads of jargon they say the delay was caused by an unforeseen technical issue to be regarded as an unexpected flight safety shortcoming (smoking engine previous day ) they also say I have no private law civil cause of action against them (tcook) it say any complaint or compensation claim must be referred to the CAA in this case.
now I am claiming 600 euros pp as my flight was delayed over 3 hours but they have also said that as my flight was under 3,500km it clearly falls into the bracket of 400euros and should I indeed be seeking to persue 600 euros I am put to strict proof of the amount claimed. sorry for all the waffle but my question is are they right and can I change the amount i'm claiming through the courts??
cheers guys

Vauban

supermum4 wrote: »

Hi all just received tcook defendants defence today and after loads of jargon they say the delay was caused by an unforeseen technical issue to be regarded as an unexpected flight safety shortcoming (smoking engine previous day ) they also say I have no private law civil cause of action against them (tcook) it say any complaint or compensation claim must be referred to the CAA in this case.
now I am claiming 600 euros pp as my flight was delayed over 3 hours but they have also said that as my flight was under 3,500km it clearly falls into the bracket of 400euros and should I indeed be seeking to persue 600 euros I am put to strict proof of the amount claimed. sorry for all the waffle but my question is are they right and can I change the amount i'm claiming through the courts??
cheers guys

Where were you flying to and from? Hard for us to answer the distance question if you don't tell us;)

supermum4

Centipede100 wrote: »

Enfiladha to Newcastle I believe Vauban (2300 kms approx)...

spot on by your good;)

Vauban

Centipede100 wrote: »

TC are waffling about you having to go via the CAA and you do have a private cause of action. Try looking at the McDonagh v Ryanair ECJ ruling paras 18-25 regarding admissibility(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0012:EN:HTML) as this ruling I believe blows TC's point out of the water.

It really couldn't be clearer could it?

"22. The fact, noted in this connection by the Council, that each Member State designates a body responsible for the enforcement of Regulation No 261/2004 which, where appropriate, takes the measures necessary to ensure that the rights of passengers are respected and which each passenger may complain to about an alleged infringement of that regulation, in accordance with Article 16 of the regulation, is not such as to affect the right of a passenger to such reimbursement.
23. Article 16 cannot be interpreted as allowing only national bodies responsible for the enforcement of Regulation No 261/2004 to sanction the failure of air carriers to comply with their obligation laid down in Articles 5(1)(b) and 9 of that regulation to provide care.
24. Consequently, it must be held that an air passenger may invoke before a national court the failure of an air carrier to comply with its obligation, laid down in Articles 5(1)(b) and 9 of Regulation No 261/2004, to provide care in order to obtain compensation from that air carrier for the costs which it should have borne under those provisions."

I am tempted to advise supermum4 to claim 5000 euros per person on the basis that, if the airline are going to so obviously and wilfully misread the law, she might as well do so too. But on reflection I think I am merely venting ...

bevs68

Hi all,

Im new to this forum, but have been reading all the threads. I also used the template letters on this site for a flight delay in Dec 2011, where we were delayed over 24hrs.

After sending my letter dated 29 March i received an email today with a voucher from Thomas Cook for £1563.

I also joined the Thomas Cook forum, dont know whether this had a hand in it or not. But they also told me when i called them, as (they didnt even acknowledge receipt of my letter) that they dont have to reply within the 28 day period. So have a voucher to use by May 2014, for me it was quite painless.

Good Luck everyone else

Vauban

bevs68 wrote: »

Hi all,

Im new to this forum, but have been reading all the threads. I also used the template letters on this site for a flight delay in Dec 2011, where we were delayed over 24hrs.

After sending my letter dated 29 March i received an email today with a voucher from Thomas Cook for £1563.

I also joined the Thomas Cook forum, dont know whether this had a hand in it or not. But they also told me when i called them, as (they didnt even acknowledge receipt of my letter) that they dont have to reply within the 28 day period. So have a voucher to use by May 2014, for me it was quite painless.

Good Luck everyone else

That's good - but of course you could have had the cash if you'd asked. Maybe you're happy with the voucher though?

bateel13

bevs68 wrote: »

Hi all,

Im new to this forum, but have been reading all the threads. I also used the template letters on this site for a flight delay in Dec 2011, where we were delayed over 24hrs.

After sending my letter dated 29 March i received an email today with a voucher from Thomas Cook for £1563.

I also joined the Thomas Cook forum, dont know whether this had a hand in it or not. But they also told me when i called them, as (they didnt even acknowledge receipt of my letter) that they dont have to reply within the 28 day period. So have a voucher to use by May 2014, for me it was quite painless.

Good Luck everyone else

Excellent news! I too am new to this forum and sent my letter on 2 April 2013 to T. Cook. As yet I have not received a reply but, having read your news I am not giving up hope! I have not 'phoned them yet as I understood it was a waste of time? (Obviously it worked out well for you).

Fingers crossed!

unhappyrainbow

Hi all,

Just thought I'd share my experience so far and hopefully get more advice.

I sent my initial letter 26th April '13, didn't get a response so phone TC last week and spoke with complaints dept. We were on flight TCX 2193, 21st August 2012 from Kefalonia to Manchester. We were delayed till the following morning, (me and my OH traveling, delayed overnight, claiming 400 Euro each)

I emailed Harriet Green CEO of TC yesterday as I hadn't had a reply to my initial letter. I got a call from Jon Brandick in her office yesterday afternoon.

He told me that they had looked into my claim and the flight was delyaed due to a technical nature and could not give compensation. He e-mailed the usual...whilst delays are an unfortunate part of air travel..blah blah...this can be compared to any mechanical breakdown..blah blah..same stuff everyone seems to get!

I have read through most of this forum and I yesterday found post number #1436. It appears that this poster was on our flight and received compensation with no issue at all. ( I am going to PM him to find out what he did)!

So a few questions. I guess now the next stage is to send a NBA to TC, contact the CAA with complaint letter and be prepared for a court case?

Was anyone else on this flight?

Thanks
UnhappyRainbow.