Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Mark2spark
    Mark2spark Posts: 2,306
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    Gorbar wrote: »
    Mark, they told me a FAC1 fault. I have disputed there refusal. & even went as far as the Directors Office but no luck. Of course the Top Dogs won't have anything to do with us poor surfs

    You now need to involve the CAA so that it can be established whether a FAC1 fault is extraordinary or not.
    I suspect not.
    I'd also be tempted to start court action, or at least give them (TC) intention to do so.
  • Camerop
    Camerop Posts: 27 Forumite
    Hello, Miss Cameron here, I recieved the standard letter that Thomas Cook is sending everyone. What should be the next step? Thanks for any help, much appreciated.

    Regards
    Miss Cameron
  • Mark2spark
    Mark2spark Posts: 2,306
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    doz123 wrote: »
    Was anyone on the Thomas cook flight TCX 908k form Manchester to Santorini 31/08/2010 8 hours delay. Also the return journey on 14/09/2010 Santorini to Manchester TCX 908L 7 hours delay so it total on our holiday we had 15 hours delay. I have written to THomas Cook with the template letter (thank you) November 5th received a letter back saying they are looking in to it and we will receive a reply within 28 days. I have contacted them again this week and they claim they are still looking into the problem and they are very busy. By the way just seen a program on the BBC 9.26am stating most people should be able to claim compensation. Can anyone advise me should I wait for a reply from Thomas Cook or contact the CAA thanks.

    You need the reply from TC saying what they think the reason for the delay is first.
    Following that, you either involve the CAA or go straight to court.
  • gailscotland_2
    gailscotland_2 Posts: 18 Forumite
    edited 12 January 2013 at 1:52PM
    Hi, does anyone know if a "Bird strike" is extra-ordinary circumstances? Also, how do i find out if that is the true reason for the delay? Thomas Cook TCX6112 flight 12/10/12 Edinburgh- Tenerife was seemingly delayed due to bird strike, but staff at the airport had said a further plane was on its way from spain but this never turned up for some reason and we were delayed further.
    Answer to Doz123, send them another email asking when they expect to be able to reply. Suggest if you didn't email, you would be wise to email them for the ease of being able to fire off reminders! I sent Thomas Cook two reminders then got response re bird strike. But surely it doesn't take 8 hrs to get a replacement plane? Anyone else had bird strike as reason?
  • Mark2spark
    Mark2spark Posts: 2,306
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    The question of bird strikes has not yet, AFAIA, been tested in the courts as to whether it is extraordinary. The general consensus of opinion on this board is that it is not.

    Post number 4564 on page 229 from 111KAB shows some recently recorded bird strikes.

    http://forums.moneysavingexpert.com/showthread.php?t=47230&page=229

    So, as you can see, they are quite frequent. But whether they are beyond the airlines control is a good question that only a judge will be able to answer IMO.
  • Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

    My complaint about Tomas cook

    7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
    Flight number TCX2312 was due at 6.45am.
    Checked in, got told there's an airport delay till 9.20am.
    Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given £8 meal vouchers each and there's another plane to take off at 1.40pm.

    During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

    We finally took off again at 2.04pm (according to flight stats)
    We was 7 hours and 19 mins delayed.

    When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
    I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to £320 (€400 each) there was 4 adults and 2 children and an infant in the party.


    This is what I have done so far!

    5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

    10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

    5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

    13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

    27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

    30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

    5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

    16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

    29 Dec - Emailed Thomas Cook as the 28 days was up.

    6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

    As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
    This was a first time fly for me and my 3 children.
    Yes I would fly with Thomas Cook again.

    If I hear anything else from either the CAA or Thomas Cook then I will update.
  • I also have a child who is disabled (Autism, just diagnosed), What is the family fund and how do i go about accessing it? Sorry, know this is not directly related to Thomas Cook delay. On that subject though, I emailed them and asked to see the incident log regarding my delay for confirmation of bird strike and also questioning why it took them over 8 hrs to get replacement plane. Will update on that when get reply.


    Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

    My complaint about Tomas cook

    7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
    Flight number TCX2312 was due at 6.45am.
    Checked in, got told there's an airport delay till 9.20am.
    Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given £8 meal vouchers each and there's another plane to take off at 1.40pm.

    During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

    We finally took off again at 2.04pm (according to flight stats)
    We was 7 hours and 19 mins delayed.

    When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
    I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to £320 (€400 each) there was 4 adults and 2 children and an infant in the party.


    This is what I have done so far!

    5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

    10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

    5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

    13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

    27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

    30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

    5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

    16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

    29 Dec - Emailed Thomas Cook as the 28 days was up.

    6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

    As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
    This was a first time fly for me and my 3 children.
    Yes I would fly with Thomas Cook again.

    If I hear anything else from either the CAA or Thomas Cook then I will update.
  • maghater
    maghater Posts: 349
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    Was on flight TCX 6238, delayed out of Palma Mallorca for 8 hours on 23rd June on return to Newcastle. Aircraft collecting us was involved in a "ground incident" and had to be withdrawn. Have since found out that the incident involved a collision between the plane and a ground support vehicle. Given 5 Euro refreshment voucher. Have written several times, received standard reply. Wrote to the AESA (Spanish equiv of CAA), they wrote to Thomas Cook requesting explanation, however after 2 months TC had not replied to them!! The AESA therefor advise me that TC has not proved that the long delay was not caused by extraordinary circumstances, and that therefor they should cough up. Game set and match thought I, so sent off letter requesting payment within 28 days or else legal action. Got a letter from a litigation exec on 11th Dec saying they are investigating, since then nothing. Have day off work later this week and am going to set MCOL into action. Lookks like an open and shut case to me, so why the delay in settling?
  • I originally complained in July after holiday in late June. We were delayed 5hours to Jamaica. Original claim turned down. Latest claim quoting the Eulegislation has prompted a claim form from them BUT they will not accept it unless attach the original boarding passes which we do not have. Any advice welcome as we were delayed, we do fit the criteria and think thesis Thompson trying to put us off. Thank you percyandbob
  • Mark2spark
    Mark2spark Posts: 2,306
    First Post First Anniversary Combo Breaker
    Forumite
    I originally complained in July after holiday in late June. We were delayed 5hours to Jamaica. Original claim turned down. Latest claim quoting the Eulegislation has prompted a claim form from them BUT they will not accept it unless attach the original boarding passes which we do not have. Any advice welcome as we were delayed, we do fit the criteria and think thesis Thompson trying to put us off. Thank you percyandbob

    If you have it in writing that they are refusing your claim because you do not have boarding passes, proceed straight to court.
    That's different from not asking them to accept your claim without boarding passes if you see what I mean.
    Send in the claim form with as much info as poss, and THEN go to court if they decline, based on not having boarding passes.
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