Flight delay and cancellation compensation, Thomas Cook ONLY

paul_allward

Hi

I have recevied an email from Thomas Cook to say they wont pay out any flight delay compensation due to the delay being a technical problem with the plane that they have not come across before. I was flying from Manchester to Goa and was delayed 8.5hrs @ Manchester Airport.

Please help as I dont know if they are just fobbing me off.

Email below from Thoams Cook

Dear Mr Allward

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation, it would appear that the delay on this occasion was as a result of circumstances that were beyond our control. Your comments and observations have been referred to our airline colleagues as part of our Quality Control measures and I regret any inconvenience this delay may have caused.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies on this occasion and I hope that despite this other aspects of your stay were found to be an enjoyable one.

maghater

paul_allward wrote: »

Hi

I have recevied an email from Thomas Cook to say they wont pay out any flight delay compensation due to the delay being a technical problem with the plane that they have not come across before. I was flying from Manchester to Goa and was delayed 8.5hrs @ Manchester Airport.

Please help as I dont know if they are just fobbing me off.

Email below from Thoams Cook

Dear Mr Allward

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation, it would appear that the delay on this occasion was as a result of circumstances that were beyond our control. Your comments and observations have been referred to our airline colleagues as part of our Quality Control measures and I regret any inconvenience this delay may have caused.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies on this occasion and I hope that despite this other aspects of your stay were found to be an enjoyable one.

Its typical Thomas Crook, bottom line it is up to them to prove that the delay was caused by extraordinary circumstances, by refusing to do that they are really leaving you no option than to start the legal process. You therefore have three options, do it yourself, which involves reading the FAQs at the start of this thread, and kicking off by sending the template letter. Secondly appoint a no win no fee lawyer to do it for you (and 30% of your compensation), or thirdly just walk away and let them get away with it.

maghater

daz1onlym wrote: »

Had contact from flight mole today, looks like our fight is over Here is our email from flight mole;

Hello xxxxxxx,

I have now received a letter dated 20th June 2013 as received today by me in relation to the the two flight delays to which you handed to ALC for review and advancement by ALC.

This letter is attached for your information. Thomas Cook maintain their position to the claims for compensation and have now disclosed further factual information ( although perhaps not a complete factual narrative) of the circumstances surrounding both flights. The tour operator/carrier may not have disclosed this information before and would have needed time to conduct the necessary researches

Thomas Cook maintain that certain discovered technical defects lead to the delays-and that the nature of these defects was extraordinary for the purposes of EC Regulation 261/2004.

I/you have no further supporting investigation regarding the circumstances as might have been performed by a National Enforcement Body.

I have made a decision not to advance these claims further. You should not regard this as reflecting -one way or another-on the (legal or factual) merits of the claims. I make no comment on those merits and you be best advised to obtain qualified and competent legal and technical advice on those merits should you wish to take further action in my view.

You should also therefore regard these claims as now resting unencumbered in your/the passengers hands.

You have the option to place a complaint with the hands of the operable National Enforcement Bodies ( the CAA for the outbound flight) for them to choose to investigate the complaint and whether their mediation efforts might cause the airline to alter their currently held ( but apparently firmly held) view.

Thank you for allowing ALC the opportunity of advancing the claims and regret on this occasion that ALC is not able to assist you or your co-passengers further.



Here is Thomas cooks reasons for EC

The delay for the outbound flight of 12 hours was due to a Reported Exhaust Gas Temperature issue, which upon investigations, revealed a faulty Pt20 sensor.There is no previous history of this fault,or prior indication that this component would fail.

The delay to the inbound flight of 7 hours was due to a Failed O ring,which caused a hydraulic leak.
Hydraulic leaks are not within the normal operating perameters of our aircraft. As an airline, we employ a hose replacement scheme for hydraulic systems, whereby the hoses are inspected for deterioration and replaced on a regular basis to avoid leaks or problems. As i am sure you will appriciate this does not mean that a leak will never occur.

Upon careful considoration, it is our firm view that the circumstances that caused the delays to both flights could not have been foreseen or forestalled and consequently, we regard this matter as extraordinary.

Sarah Rice
Litigation Executive.


:(:(:(:(:(:(:(:(:(:(:(

Don't chuck the towel in too easily. Technical issues should not normally be used as ecs, read the last three paragraphs of the Wallentin judgement in the FAQs. If you are still not convinced read paras 27, and 28 of Eglitis v also in the FAQs. Last Summer TC had more than six times as many flights delayed by more than 3 hours than Thomsons (who are far from perfect). This is because they flog their fleet to death, and don't build any spare capacity into their scheduling of both aircraft and crew. If I was you, I would try another NWNF firm such as EUclaim. Also split your claims, just give them the return flight with the hydraulic problem to see how they get on. I would also drop a line to the Cypriot national enforcement agency, and get their take on the delay. Once that is up and running you can introduce your outward claim. Nothing to loose, so go for it

dxc_chappie

daz1onlym wrote: »

Hydraulic leaks are not within the normal operating perameters of our aircraft. As an airline, we employ a hose replacement scheme for hydraulic systems, whereby the hoses are inspected for deterioration and replaced on a regular basis to avoid leaks or problems.

So they claim hydraulic leaks are not normal yet they inspect hoses for deterioration and replace on a regular basis? If there's an expectation these will fail then it's hardly extraordinary circumstances is it?

don_quiote

dxc_chappie wrote: »

So they claim hydraulic leaks are not normal yet they inspect hoses for deterioration and replace on a regular basis? If there's an expectation these will fail then it's hardly extraordinary circumstances is it?

Just about every other thread on Monarch Thomson and t cook are about hydraulic problems

don_quiote

Chin up Daz1onlym , sounds a good solicitor you chose, write Thomas Cook a letter, they write back and say this is our storey it's true honest, and then just walk away, only after easy money

Cgraham

Hi have been told by Thomas Cook that they agree I am due compensation but have only offered vouchers off one of their Holidays. Do I have to accept these or can I ask for money instead.

daz1onlym

The more i read the reply from Thomas Crook, the more i see its worth the fight. Onwards and upwards

southy1

Any one can Tc say they have answered my NBA letter with an email or does it have to be a letter.

Thanks

CM66

chili2001 wrote: »

Anybody want to comment?

I've had an email back from the CAA about this flight and they have told me its extraordinary circumstances and I can't claim blah blah blah

Neither CAA or Thomas Cook have still actually told me what the reason was....

Beyond useless!