Flight delay and cancellation compensation, Thomas Cook ONLY

Ironklad

Centipede100 wrote: »

250 per passenger outbound, same amount for inbound.

Thank you. Thats that cleared up

LMR77

LMR77 wrote: »

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

Anybody???

Vauban

LMR77 wrote: »

Anybody???

If you are asking whether technical failures are generally regarded as extraordinary circumstances, the answer to that is no. But the airline is unlikely to accept your argument, so you will need to be ready to take them to court.

This means a fair amount of work on your part, reading the FAQs on page one (including the links about technical issues and extraordinary circumstances) and then decide whether you want to start legal action yourself, hand it over to a no win no fee company (for about 30% of your award) or walk away.

alanM_3

TCX2108, 22nd August 2012

I sent a letter to the directors office and received the standard replies, reminding them that I knew the reason for the delay.

Still receiving the standard reply I posted on their own forum and received a positive response.

Forum Link

Thanks to wendyjaycee, good luck with your claim. If you need any help please do not hesitate to contact me

£1395.00, thank you Thomas Cook and MSE members for the advice. An invaluable forum.

If you think you have a claim please read all of the posts in this thread, there is a lot of information available. Don't be lazy



Alan

LMR77

Vauban wrote: »

If you are asking whether technical failures are generally regarded as extraordinary circumstances, the answer to that is no. But the airline is unlikely to accept your argument, so you will need to be ready to take them to court.

This means a fair amount of work on your part, reading the FAQs on page one (including the links about technical issues and extraordinary circumstances) and then decide whether you want to start legal action yourself, hand it over to a no win no fee company (for about 30% of your award) or walk away.

I was wondering if it could be classed as a technical defect because of the fact it was pilot error? And If I went to court would they see that as extraordinary circumstances?

Thank you for the reply

grazzzz

maghater wrote: »

Aswell as Sturgeon, have a look at Eglitis v Latviair para 28, so even if they can prove to a comatose judge that a cracked window is an ec, how could they justify to him / her the 15 hour delay at a hub airport. TC will probably insist on pushing it all the way to a hearing, and bail out a couple of days before.

here is paragraph 28
" More particularly, to prevent any delay, even insignificant, to which extraordinary circumstances have given rise inevitably leading to cancellation of the flight, the reasonable air carrier must organise its resources in good time to provide for some reserve time, so as to be able, if possible, to operate that flight once the extraordinary circumstances have come to an end. If, in such a situation, an air carrier does not, however, have any reserve time, it cannot be concluded that it has taken all reasonable measures as provided for in Article 5(3) of Regulation No 261/2004."

maghater

LMR77 wrote: »

Anybody???

I don't think TC would ever admit to pilot error (certainly in writing), if they did then you would have a nailed on case. It sounds like a technical issue, and therefore not ecs. What caused the hole, if it was debris on the runway.

LMR77

maghater wrote: »

I don't think TC would ever admit to pilot error (certainly in writing), if they did then you would have a nailed on case. It sounds like a technical issue, and therefore not ecs. What caused the hole, if it was debris on the runway.

No we don't have it in writing, it was said on the phone when I called to enquire about my case.

pansypotter_7

I had a telephone call today to say my letter for compensation has been rejected because of exceptional circumstances and there is a letter in the post confirming this. I think a 33 hour delay is certainaly exceptional. The lady said I could inform CAA and let them see to it. I don't know whether to get a no win no fee company to fight for me. Can anyone recommend anybody? I am in touch with a few people who were on the same flight and they have had the same letter.

maghater

pansypotter_7 wrote: »

I had a telephone call today to say my letter for compensation has been rejected because of exceptional circumstances and there is a letter in the post confirming this. I think a 33 hour delay is certainaly exceptional. The lady said I could inform CAA and let them see to it. I don't know whether to get a no win no fee company to fight for me. Can anyone recommend anybody? I am in touch with a few people who were on the same flight and they have had the same letter.

This is typical Thomas Cook, if you read recital 14 of EC 261 / 2004, there is a list of possible ecs, a 33 hour delay is mega hefty, even by Thomas Crooks standards, also look at post 2314, just a few above this one, and you will see that the airline cannot just sit back and claim ecs for such a long delay. Yes you can use a NWNF lawyer, but it will cost you 200 Euros per person from your claim. If I was you I would read the FAQs at the start of this thread, just to get a feel for things, and then use the template letter to initiate your claim. Advise the people you are in touch with to do the same. This will start the ball rolling.