Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

stuart300373 wrote: »

I have just had another response from Thomas cook,even though we were delayed for 23 hrs through a technical fault we are still not entitled to compensation because the airplane is serviced regularly,has anyone had this response and if yes how did you get on thanks ,

Yes a significant amount of people and whether or not your plane was serviced regularly or not makes not a jot of difference as a technical problem with a plane does not = an extraordinary circumstance as planes go 'tech' every minute of every day and therefore they are an ordinary occurrence.

ps the Judge in my case (Monarch) agreed with me by the way!

barrybigwig

Timeline of Events
12th November 2011 – Thomas Cook flight TCX 6125 from Tenerife South to Newcastle departed on-time, after around 20 mins the Captain announced we were diverting to Lanzarote due to a technical fault. Cabin crew explained it was due to “smoke in the cabin”.
Upon landing, met by emergency vehicles, aircraft parked away from terminal and other aircraft etc.
Put up in a hotel for the night (poor organisation/lack of information etc. but that’s a separate issue really).
13th November 2011 (evening) - Departed Lanzarote.
14th November 2011 (early hours) - arrived home just over 24 hours later than I should. Had to take an unpaid day off work etc.
22nd November 2011 - Wrote to Thomas Cook requesting compensation under 261/2004 and gave all details.
?? December 2011 – Reply from Thomas Cook (which I’ve unfortunately lost), basically saying the claim wasn’t payable because the EU ruling had yet to be finalised as the Sturgeon judgement in 2009 had been challenged.
May 2013 – I read in the press and see on Watchdog that the 2009 Sturgeon judgement had been reconfirmed by the CJEU so decide to write again (18th May) and reference my original letter.
17th June 2013 – Email from Thomas Cook Customer Service – usual standard template email, apologising, then finally saying my claim is not payable as after a “full investigation” the cause of the delay appears to be “adverse weather”.
18th June 2013 – I reply to him referring to their lies/misinformation, how it wasn’t weather related, how the aircraft was met by emergency vehicles etc.
4th July 2013 – still no reply so I ring customer services and speak to a rude lady who says the email I received was incorrect and was probably due to the fact the “codes have changed” so customer service has sent out the email stating the wrong reason for the delay. She said that even so, the claim is still not payable as it’s still an “extraordinary circumstance”, to which I said I disagreed as it was a technical fault and she told me I’d need to take it up with the CAA. So I asked her to send me on the actual email I should have got, she said she would do that immediately, but this has yet to arrive.
4th July 2013 – As the flight originated in Spain, the CAA can do nothing, so I have to contact the Spanish equivalent, the AESA. So I’ve done this and await a response...
Anyone else on this flight?
Anyone else experiencing similar issues in getting Thomas Cook to pay up?
Any advice is appreciated on where I can take this next.
Many thanks.

batman44

I am writing regarding flight TCX0109 on 4/09/2011 from Montego Bay to Manchester with the scheduled departure time of 2155GMT (1643 local) this flight arrived 24 hours late at Manchester Airport.

Engine blew on take off, not the first time another A330 same thing at Manchester 24 june 2013. usual stuff back from TC gone to CAA now. Just wondering to go to court before the response from CAA, it's been 8 weeks no response other than the confirmation and that they have a back log. Claiming £1600, anybody else know of this on here as I am putting my case together.

Vauban

batman44 wrote: »

I am writing regarding flight TCX0109 on 4/09/2011 from Montego Bay to Manchester with the scheduled departure time of 2155GMT (1643 local) this flight arrived 24 hours late at Manchester Airport.

Engine blew on take off, not the first time another A330 same thing at Manchester 24 june 2013. usual stuff back from TC gone to CAA now. Just wondering to go to court before the response from CAA, it's been 8 weeks no response other than the confirmation and that they have a back log. Claiming £1600, anybody else know of this on here as I am putting my case together.

CAA re taking six months, but won't be able to help as the fault occurred outside their jurisdiction.

taxidirect

I have a claim in with MCOL at the moment and today have received a letter from Travlaw working on behalf of Thomas Cook Airline's.
In their defence they now say the the EC was on the inward flight which was delayed at Gatwick. So on the same plane but on the inward flight not my flight out of Rhodes.
All along in my claim I have stated to Thomas Cook that I am seeking compensation for the four members of my family. These Solicitors are saying that because I am the claimant If I win my case Thomas Cook Airlines will only pay out for me and not the rest of my family to which the claim refers. Even though my MCOL claim names my other family members. Can they do this? Do I have to do 3 more MCOL claims for the each of my 3 other family members two which were under 18 at the time of the flight? any help would be welcome thanks

Vauban

taxidirect wrote: »

I have a claim in with MCOL at the moment and today have received a letter from Travlaw working on behalf of Thomas Cook Airline's.
In their defence they now say the the EC was on the inward flight which was delayed at Gatwick. So on the same plane but on the inward flight not my flight out of Rhodes.
All along in my claim I have stated to Thomas Cook that I am seeking compensation for the four members of my family. These Solicitors are saying that because I am the claimant If I win my case Thomas Cook Airlines will only pay out for me and not the rest of my family to which the claim refers. Even though my MCOL claim names my other family members. Can they do this? Do I have to do 3 more MCOL claims for the each of my 3 other family members two which were under 18 at the time of the flight? any help would be welcome thanks

You can represent your children, and with a letter from your wife or other adult, you can represent them too. And even if only you technically win, t would be nigh impossible for the urine to avoid payout from any other passenger on the same flight.

Mark2spark

taxidirect wrote: »

I have a claim in with MCOL at the moment and today have received a letter from Travlaw working on behalf of Thomas Cook Airline's.
In their defence they now say the the EC was on the inward flight which was delayed at Gatwick. So on the same plane but on the inward flight not my flight out of Rhodes.
All along in my claim I have stated to Thomas Cook that I am seeking compensation for the four members of my family. These Solicitors are saying that because I am the claimant If I win my case Thomas Cook Airlines will only pay out for me and not the rest of my family to which the claim refers. Even though my MCOL claim names my other family members. Can they do this? Do I have to do 3 more MCOL claims for the each of my 3 other family members two which were under 18 at the time of the flight? any help would be welcome thanks

Dear travlaw,
thanks for your letter.
I disagree with your comments and I see no reason other than to proceed with the court claim.
many thanks,
taxidirect and family

russ_nettle

Hey,

I flew with Thomas from Gatwick to Orlando (and vice versa)

12/10/12 - tcx0246 (5 hour delay in leaving Gatwick)
26/10/12 - tcx0247 (over 24 hours late in leaving Orlando)

Apart from the flights the rest of the holiday was fine.

According to the letters I have from TC on the date of both flights the issues were :
TCX0246 'Unavoidable operational circumstances'
TCX0247 'Unforeseen operationally significant defect which required rectification prior to further flight'

on on the flight out we were given about £5 to spend in the airport (fat lot of good that is in gatwick)
On the way back we were driven to a hotel and put up for the night, we were offered a buffet meal in both the morning and the evening, however these were both of poor standard so we ate elsewhere, which we were happy to do (TC were very reluctant to allow us to do this without trying to make alternative meal arrangements, which we really didn't want them to - I guess they thought we may complain about it later)

It turns out the plane we were due to catch had to make an emergency landing in iceland, so we had to wait for the next day for a replacement.

The flight delay out was a major inconvenience as our 2 your children fell asleep in the airport (been up since 4am and flight bored at 3pm ) so were ratty and agitated the entire flight.

The delay on the way back meant we had to call in sick to work as well.

I have written a letter using the helpful template in this forum, so fingers crossed we get a result from it.

Would hate to fly with Thomas Cook again as apart from the delays, the plane was pretty naff as was the entertainment and service.

Will post back here with progress, seems like a few people are getting results!

4poc

Has it happened to anyone where the airline has failed to file the directions questionnaire?

macatelier

Me and my friend were delayed for over 3 hours from Manchester to Marmaris in August 2011, the reason was they had no pilot and had to get one to drive up from London (the pilot actually stated over the tannoy that he'd just had a 4 hour drive up the motorway to fly us out).

Anyhow, I sent TC a letter giving them 14 days to reply, which they did - exactly 14 days later and they have said they need to investigate and cannot respond immediately but will be in touch "soon".

How long should I wait and what should I do next?