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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    20/12/2009 Due to weather, no.

    21/12/2009 Punctured tyre, yes.

    27/12/2009 ATC strike and less than 2 hours, no.

    I am chasing a claim involving delay caused by ground staff.

    As far as I can gather the airline is responsible for the action of its agents, I have a letter from Swissport the ground handling agent in this case admitting as much.

    Also sounds complicated this bit Regulation EC 2027/97 of 9th oct. 1997 on air carrier liability in the event of accidents, amended by regulation EC no 889/2002 (13th May 2002) states "nevertheless the carrier shall not be liable for damage occasioned by delay if it proves that it, and its servants and agents took all measures that could be reasonably be required to avoid the damage or that it was impossible for it or them to take such measures". Therefore TC would have had a contract with a ground handling company to tow the plane. I f the ground handlers had undertaken this task with due diligence, a puncture would not have occurred, and you would not have been delayed. Therefore if this resulted in a delay of more than 3 hours Thomas Cook should shell out.
  • Nee123
    Nee123 Posts: 5 Forumite
    Part of the Furniture First Post Combo Breaker
    I've spoken to TC today and I am still in the 6 yr time scale.

    TC have said that they are paying out on claim, and that they are looking into resolving my complaint as soon as they can, the lady I spoke did however need a booking reference which I still had an also had to go into archives to find my booking etc.
    So hopefully I get a result within the next couple of weeks .
  • TCX1346 arrived 5 hours late in Naples 21 Sepember 2012 - has anyone else had luck in claiming for this one please?
  • Mark2spark wrote: »
    Lots of people are given the vouchers first as if that's it. You are entitled to cash. Vouchers might be better for some people though?

    Contacted TC today and asked for cash instead of the voucher and was told no problem a cheque will be sent out in 7-10 days! RESULT.

    Signing up to the MSE email was worth over 1k for me!
  • Hi
    I used the Moneysaving expert template to ask ThomasCook for a refund for a flight delay in December.
    I have since received a letter with a £630 voucher towards the next holiday. I really do not want to travel with ThomasCook again, we have had so many problems in the past.
    Can I ask for the refund as cash (cheque) instead?
  • Hi All
    Just sending off my template letter i got from the which website for a claim for my delayed flight.
    I had a delayed flight with Thomas Cook Airlines on the 18/12/2011 flying from Cancun Mexico for over 20 hours ,We was speeding along the runway ready to takeoff when the brakes where sharply applied,Shock,Horror :-( we all had to be transfered back to the airport terminal , Then around 10 hours later transfered to Hotels overnight to await another flight the next day.
    We received letters from Thomas Cook stating unavoidable operational circumstances ( That i still have ) But from what i remember the Thomas Cook Rep said there was a problem with the tyres or wheels ( Shouldn't this come under general service !!) Have spoke with the CAA (Civil Aviation Authority)0207 453 6888 (Monday to Friday 9.00am to 2.30pm) and informed me to make a complaint / claim , I will await my responce and let you know how i get on as soon as i get a reply , The CAA said to get straight back on to them if i'm not happy with the responce and they will look into it further , Will keep you posted.
    **** HAS ANYONE ELSE CLAIMED THATS BEEN ON THE SAME FLIGHT AS ME !!! CANCUN , MEXICO 18TH JAN 2011,IM SURE YOUR REMEMBER AS OF THE PROBLEM ON TAKEOFF ******
    Wow super fast reply from TC , Sent my Which Template letter on 23rd Jan stating pay within 14 days Blah Blah Blah and got the bog standard letter that everyone else is getting saying "extraordinary Circumstances" excuse, My question now is what is the best way to go from here !! I see from other posts that TC just stall and waffle , Is it best just to let someone like flightdelays.co.uk do the leg work and take the stress out of it or send a letter asking what the technical fault was !! and say that under the eu ruling its not covered under extraordinary Circumstances!!Any info any help would be much appreciated.
  • DJMSJM
    DJMSJM Posts: 27 Forumite
    Just rec'd a response to the 2nd letter I sent to TC (CAA have contacted them as well but don't know yet if they have heard from TC)

    It might just be this weeks standard letter but this is the response I rec'd:

    Dear........
    I write to acknowledge receipt of your further communication.
    I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the further comments you have made will certainly be considered.
    Following a review of your entire case, you will be contacted again with a view to bringing this matter to a satisfactory conclusion for all concerned.
    In the meantime, I apologise for any delay in our further reply.

    Fingers crossed!!!
  • Just read through all this and was after a bit of advice.
    We flew with tc aug 09 manchester to fuerteventura and were due to depart 7.30 in the morning but did not depart until early afternoon.
    i can find the flight number but not the booking ref. flight stats don't list the flight for some reason. Is it worth a letter and if so what should i request?
    also can i email it and if so anybody have the email address.
    thanks
    [
  • i was on flight TCX2026 FROM MAnchester to paphos on 16th october 2012 me and 4 daughters were delayed for nearly 8 hrs due to tecnical problems did complain in november but had no replydidnt no until yesterday that we couid claim compensation as first time abroad and thought delays were exspected.have emailed them today but dont hold out much hope of reply as didnt get one in november,if i dont hear anything what can i do next?thanks:rotfl:was anyone else on that flight?if so let me no if you complained and got reply
  • jacksback
    jacksback Posts: 131 Forumite
    Don't understand how people are getting paid out when I can't even get a reason for my delays after 2 years of asking and about 20 emails sent! I have issued court papers on MCOL now as I couldn't see any other way of getting any sense out of Thomas Cook. What happens next,, how long do I wait for a response? Thanks
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