Flight delay and cancellation compensation, Thomas Cook ONLY

bristolbaron

Without going through everything i've done up to now, i'm at the stage where i've received a hearing for my case, which will be 8th July.

I have a copy of TC's defence and suggestions [thanks to Centipede100 & Vauban] on what responces I need to give. However, what i dont know, is exactly how i should respond.

TC have given a list of 14 'statements' in their defence. Should I write responces to their statements numbered 1-14? Or paragraph text which will give responce to them but would maybe only need 10 paragraphs?

I have to get this off by the end of the week to arrive with the court and TC on monday, so any help appreciated!

m19rts

Hi All,

My wife and I along with our 8 month baby recently went to Cuba with TC on an all inclusive package.

Our return flight was due to depart on 3rd June 2013 at 16:10, but was delayed until 18:00 on 4th June 2013 (the next day).

They stated that the reason for the delay was a due to "an unforeseen operationally significant defect". We were told by the pilot when we boarded the flight that there was a severe storm (which was actually heavy rain for about an hour) which caused a malfunction in the air pressure system.
As we were in Cuba, they couldn't get an engineer down very quickly and by the time the fault was repaired we could not take off as the crew would have worked too many hours according to regulations.
The captain said he wanted to actually depart at 10:00 the next morning but couldnt as new meals had to be made which wouldnt be ready till the afternoon.

We we stuck at the airport from 13:00 to approx 20:00 and between 16:00 and 20:00 all the airport shops & kiosks had closed and so none of the passengers could buy food or drink.

Furthermore, TC didnt ensure that there was enough food for everyone upon return to the hotel approx 21:30 (apart from the some light snacks).

I have read through this forum but am not sure exactly where I would stand or what kind of compensation I should be stating in our initial letter. From the table I thought it would be 600 Euros per person, is this correct? Also would our baby count as a third person (we did not purchase a seat for her, just paid some taxes)

PS. Thomas Cook handed out a flyer to all passengers to say that as we were on an all inclusive package, we would not be entitled to any refund/compensation.

maghater

Hi M19rts.On the basis of your post, you and your wife should certainly be entitled to 600 Euros each. As you paid something to TC for the baby, you could argue that this was fare, and therefore he or she would also be entitled. The not entitled to compensation because it was all inclusive is not true. Doubtless TC will try to claim extraordinary circumstances, they always do, but there doesn't appear anything in your post do warrant anything like a 28 hour delay. Start off by sending a letter, (use Centipedes template in the FAQs at the start of this thread), claim for all three of you, and see what happens. TC may well deny it, thats when the fun starts, but sounds like a pretty solid claim to me. Go for it

stavros42

m19rts wrote: »

Hi All,

My wife and I along with our 8 month baby recently went to Cuba with TC on an all inclusive package.

Our return flight was due to depart on 3rd June 2013 at 16:10, but was delayed until 18:00 on 4th June 2013 (the next day).

They stated that the reason for the delay was a due to "an unforeseen operationally significant defect". We were told by the pilot when we boarded the flight that there was a severe storm (which was actually heavy rain for about an hour) which caused a malfunction in the air pressure system.
As we were in Cuba, they couldn't get an engineer down very quickly and by the time the fault was repaired we could not take off as the crew would have worked too many hours according to regulations.
The captain said he wanted to actually depart at 10:00 the next morning but couldnt as new meals had to be made which wouldnt be ready till the afternoon.

We we stuck at the airport from 13:00 to approx 20:00 and between 16:00 and 20:00 all the airport shops & kiosks had closed and so none of the passengers could buy food or drink.

Furthermore, TC didnt ensure that there was enough food for everyone upon return to the hotel approx 21:30 (apart from the some light snacks).

I have read through this forum but am not sure exactly where I would stand or what kind of compensation I should be stating in our initial letter. From the table I thought it would be 600 Euros per person, is this correct? Also would our baby count as a third person (we did not purchase a seat for her, just paid some taxes)

PS. Thomas Cook handed out a flyer to all passengers to say that as we were on an all inclusive package, we would not be entitled to any refund/compensation.

You will be able to claim 3 x €600 as you paid something for the infant. Their flyer is full of inaccurate (lies) information. If you still have receipts for food & drink (no alcohol) bought at the airport, claim for them as well.

LMR77

Hi all

I've been trying to claim for compensation since November last year and after numerous letters and email they are still stating extraordinary circumstances. On approach to dalaman airport the pilot came in too quick which blew a hole in the flap on the wing. What do all you think?? Would this be classed as extraordinary?? They put on the letters and email that it was due to a technical defect.

Thank you all in advance

Laura

m19rts

Thanks for the advice guys.
Will use Centipedes template and send out with proof of postage today

grazzzz

maghater wrote: »

I m no solicitor, but was Graham v Thomas Cook something to do with the ash cloud and loss of earnings or other expenses, nothing to do with statutory compensation for delay. You are of course correct, technical problems shouldn't normally be ecs , plus 15 hours to fix it or send a replacement out, especially if accident happened at Gatwick, which is one of TCs bases. Reading ECJs, it is expected that things go wrong, it is how airlines cope with this. Basically airlines can flog their aircraft to death, and have minimum staff involved. or they can build flexibility into their timetables an crew rosters. If they opt for the former, they shouldn't squeal when things go wrong, and disgruntled passengers start requesting their compensation. Time for a letter before action or a NWNF solicitor on the job

This is Tc reply to the court I have already started court action

jackndaz

Hi I'm after a little advice... started my claim for comp in April 2013 for a flight delay on 02 July 2007 I know its pushing it however I only found flight number date etc on the baggage tag of the suitcase that was being pulled out of loft for this years long awaited holiday. Sent template letter off on 10th April got a reply dated 24th May but didn't actually arrive until 14th June (printing problem blamed for delay in correspondence !) letter says yes flight was delayed however need to prove myself and 4 members of my family were on that flight.. other than the baggage tag I have nothing. Emailed Harriet Green .. she replied the next day says passing me over to one of her team got a call today saying they are having difficulties in finding me. My time is almost running out can they refuse my compensation because I cant prove with BP / Ticket stub / Booking ref no ?

Vauban

jackndaz wrote: »

My time is almost running out can they refuse my compensation because I cant prove with BP / Ticket stub / Booking ref no ?

No they can't. But if you don't start court action by 1st July, then they absolutely can refuse you. And you need to write a Notice Before Action letter first. So you are almost out of time already.

jackndaz

Thanks for your reply, I actually sent my NBA to Harriet Green on the 13th of this month giving her 14 days to reply etc she did reply on the 17th saying she was sorry for the problems and I would be passed over to a member of her team they rang today saying they cant seem to find me but they will continue to look