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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Sweetsue
    Sweetsue Posts: 27 Forumite
    Hi all
    Just to update, I've just received an email from Thomas Cook with a voucher for £1048 for two of our party & another for £521 for the third. I have to say that everyone I dealt with in customer relations has been more than helpful, I think a lot of the confusion arose because they have to send it on to another department to issue the vouchers. But after a couple of glitches i got the vouchers as promised. Just a little confused though, Before these vouchers came I received two vouchers one for £700 and one for £50, I'm assuming these vouchers are no longer valid, Although I haven't been told that! Good luck to everyone still waiting, don't give up :j
  • chili2001
    chili2001 Posts: 342 Forumite
    Sweetsue wrote: »
    Hi all
    Just to update, I've just received an email from Thomas Cook with a voucher for £1048 for two of our party & another for £521 for the third. I have to say that everyone I dealt with in customer relations has been more than helpful, I think a lot of the confusion arose because they have to send it on to another department to issue the vouchers. But after a couple of glitches i got the vouchers as promised. Just a little confused though, Before these vouchers came I received two vouchers one for £700 and one for £50, I'm assuming these vouchers are no longer valid, Although I haven't been told that! Good luck to everyone still waiting, don't give up :j

    Why not ask for the cash?
  • chili2001
    chili2001 Posts: 342 Forumite
    edited 27 June 2013 at 8:12AM
    Interesting:

    Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that an air carrier, since it is obliged to implement all reasonable measures to avoid extraordinary circumstances, must reasonably, at the stage of organising the flight, take account of the risk of delay connected to the possible occurrence of such circumstances. It must, consequently, provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. However, that provision cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. The assessment of the ability of the air carrier to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time. Article 6(1) of that regulation is not applicable in the context of such an assessment.

    So the airline should expect technical faults and EC's and allow a "reserve time" to fix them in order to allow the flight to run on time. Now how many airlines do that eh? I reckon none.
  • Any help very much apprecated this is all new to me - trying to claim compenstation for 19 hour delay on a Thomas Cook flight from Greece to Glasgow - Help this site is very new to me and don't know my way around to find template for letter.:(
  • lyndac40
    lyndac40 Posts: 463 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Hi backup,

    You need to to go here http://forums.moneysavingexpert.com/showpost.php?p=58530919&postcount=2 all the information you need is there.

    Lynda x
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    chili2001 wrote: »
    Interesting:

    Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that an air carrier, since it is obliged to implement all reasonable measures to avoid extraordinary circumstances, must reasonably, at the stage of organising the flight, take account of the risk of delay connected to the possible occurrence of such circumstances. It must, consequently, provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. However, that provision cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. The assessment of the ability of the air carrier to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time. Article 6(1) of that regulation is not applicable in the context of such an assessment.

    So the airline should expect technical faults and EC's and allow a "reserve time" to fix them in order to allow the flight to run on time. Now how many airlines do that eh? I reckon none.
    And you look at the list of ecs provided in recital 14, there is no mention of technical, mechanical faults. Surely when they are talking about beyond the control of the airline, they are talking about things beyond the actual physical structure of the plane, unless its a safety issue highlighted by the manufacturer of the CAA. None of this of course explains why there is such a variation in on time performance between airlines, and why TC had 6 times more long delays than Thomson. www.flightontime.info
  • amac_3
    amac_3 Posts: 12 Forumite
    Hi I just wanted to say that thanks to this forum I have managed to successfully claim £2112 for four people travelling with Thomas Cook. For anybody interested we were on flight TCX248 from Gatwick to Montego Bay travelling on 13/06/11. Initially I had to ring up to find out my booking reference from the archives and the woman was so helpful I ended up logging my claim over the phone. Just over four weeks later I received the standard reply via email offering £200 in vouchers. I replied to the email with the template letter and two days later I received another voucher but for £2112. I declined this voucher stating I wanted cash and three weeks later I received a cheque. I paid it in this week so I've just got to wait for it to clear! Without all the help from this forum I wouldn't of had a clue where to start so a big thank you to everyone!
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    amac wrote: »
    Hi I just wanted to say that thanks to this forum I have managed to successfully claim £2112 for four people travelling with Thomas Cook. For anybody interested we were on flight TCX248 from Gatwick to Montego Bay travelling on 13/06/11. Initially I had to ring up to find out my booking reference from the archives and the woman was so helpful I ended up logging my claim over the phone. Just over four weeks later I received the standard reply via email offering £200 in vouchers. I replied to the email with the template letter and two days later I received another voucher but for £2112. I declined this voucher stating I wanted cash and three weeks later I received a cheque. I paid it in this week so I've just got to wait for it to clear! Without all the help from this forum I wouldn't of had a clue where to start so a big thank you to everyone!
    Well done, don't do anything daft like spend it on a Thomas Cook holiday:beer:
  • online1
    online1 Posts: 10 Forumite
    edited 27 June 2013 at 5:50PM
    After submitting a claim with MCOL for a delayed Mytravel flight, owned by Thomas Cook, from Oct 2007 i received admission today that the flight was not an extraordinary circumstance and confirmation of payment owed. After TC denied the claim until now and not getting any help from the CAA im glad my case is resolved through MCOL with a fair outcome. Thanks to all people posting and good luck to all still pursuing a case.
  • hippychicky
    hippychicky Posts: 1,268 Forumite
    Part of the Furniture 1,000 Posts
    Thanks for this online1 I am in the same position for a delay of 33 hours in July 2007 and have had same excuse from TC and same treatment from caa. Put in mcol claim 2 weeks ago so fingers crossed!
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