Flight delay and cancellation compensation, Thomas Cook ONLY

ells1982

I have received the following after challenging the 'technical delays' messge that a few previous posters have had.


Dear XXX

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the CAA who will be able to provide you with independent advice on the matter.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

Kind Regards,


The point I have made is that I have a letter from them (given on day of delay) stating 'operational reasons' which contradicts their response to my claim after the event. Secondly how do I know it was really a technical issue that could not have been avoided? Any advice on where to go next with this one?

Thank you

Another_Happy_Traveller

Claimed for a delayed flight from 2008 for 4 passengers €400 each, originally company sent holiday voucher for £720, wrote back to them and challenged their response stating compensation due was €400 per passenger and I believed I was entitled to payment in cash. Took them about 6 weeks to respond but they did with a cheque for £1396, result, thanks Martin, wouldn't even have known that it was possible without your email.:j

andyfer

I posted a few weeks ago about a delayed return flight from Tenerife to Glasgow.I wrote to Thomas Cook earlier in the year and got the standard "extraordinary" circumstances" letter in reply.
I recently sent an NBA letter to the Bradford office by ordinary mail, giving 14 days notice of court action and received virtually the same letter again.
My question is this. Do I need proof of posting for the NBA letter or is the fact that they replied sufficient ?
Also does anyone have anything I can crib regarding completing the small claims paperwork for Scotland.
I have scanned it and it looks a little bit tricky.

paulsdove

Hi, first time poster (Be nice ). Im after a bit of advice.

Myself and my wife travelled to Mexico, from Manchester in May 2008. The thomas cook flight back was delayed by 17 hours, due to a mechanical fault (i think there was a problem with the door, it had been hit by the steps at Manchester airport)

I have written to Thomas Cook asking for compensation, using the template letter, and I received a letter back today.

It said that the specific circumstances surrounding the flight were of a technical nature, and were therefore extraordinary. They were extraordinary as TC took all reasonable precautions necessary to avoid the situation, and despite proactive meassures the problem could not of been foreseen.

In line with Regulation 261/2004 a payment of compensation would not be applicable in this case.

I would like to know if I should push this further, or should I let it now drop (as Im not sure what this extraoridnary means). If I shoudl carry on, can someone give me a few tips as to the next letter I should write, and whom too.

Many thanks.

Vauban

paulsdove wrote: »

Hi, first time poster (Be nice ). Im after a bit of advice. ...

I would like to know if I should push this further, or should I let it now drop (as Im not sure what this extraoridnary means). If I shoudl carry on, can someone give me a few tips as to the next letter I should write, and whom too.

Read the FAQs on page one of the thread - including the "What to do next" link.

Hyper

I posted my first stage letter and i thought I would also email saying i had sent a hard copy via snail mail. I got the following message from the TC website.

We are currently enhancing our submission form which is expected to take two weeks to complete. During this period we are unable to accept any forms submitted online.
Please click on the submit button below where we will provide you a contact telephone number.

When I pressed submit i got a message saying , your submission was successful :huh:

Hyper

Centipede100 wrote: »

Good news then:D

I think they somehow may be psychic, knowing what I was going to say

maghater

paulsdove wrote: »

Hi, first time poster (Be nice ). Im after a bit of advice.

Myself and my wife travelled to Mexico, from Manchester in May 2008. The thomas cook flight back was delayed by 17 hours, due to a mechanical fault (i think there was a problem with the door, it had been hit by the steps at Manchester airport)

I have written to Thomas Cook asking for compensation, using the template letter, and I received a letter back today.

It said that the specific circumstances surrounding the flight were of a technical nature, and were therefore extraordinary. They were extraordinary as TC took all reasonable precautions necessary to avoid the situation, and despite proactive meassures the problem could not of been foreseen.

In line with Regulation 261/2004 a payment of compensation would not be applicable in this case.

I would like to know if I should push this further, or should I let it now drop (as Im not sure what this extraoridnary means). If I shoudl carry on, can someone give me a few tips as to the next letter I should write, and whom too.

Many thanks.

What a load of rubbish. To get some idea of what extraordinary circumstances are look at recital 14 in ec 261/2004. Then look at at the last couple of paragraphs of the Wallentin judgement (in FAQs), and you will see that the ECJ do not normally regard technical problems as ecs. 17 hours is quite a hefty delay, so while you are looking at Wallentin consult paragraph 41, and ask yourself did TC go that extra mile to get you home earlier. Finally you mention that the delay could have been caused by an accident with steps at the outbound airport, if that is the case, look at the legal challenge to Sturgeon judgment para 80 and if that was the case then TC should pay you and and worry about claiming it from the negligent party. Thomas Cook will go to endless lengths to avoid paying people their compensation entitlement, just look at the number of posts on this thread. You have asked them nicely, and they have just fobbed you off. Time therefore to send a LBA, and prepare for a fight. You could always appoint a no win no fee lawyer

ClaretBob

I wrote my first letter to lodge claim 12 days ago and today I received an email confirming receipt and given claim ref and they need time to look at it. Should I now respond with the nba? And can I do this via email?

willarikk

Belly chuckle all round. Despite receiving a chq as compensation for my delayed flight. I have now received a voucher for the same complaint, yet a different amount and months apart!! I have rang and asked for confirmation as to the validity of the voucher, whilst not mentioning the cheque........Thomas Cook have no record of any other dealings with my complaint.........anyone else been so lucky?

Thanks another contribution to another holiday:beer: