Flight delay and cancellation compensation, Thomas Cook ONLY

flymeaway

A long story - flew TC LGW to Hurghada 5 Oct 2012, returned 12 Oct 2012 - inbound and outbound flights delayed by +4 hours on 5th and +3 hours on 12th. Given letter upon checkin @ LGW on 5 Oct, partially quoted as below:

"Due to unavoidable operational circumstances your flight is running approximately 3 hours and 50 minutes late. Your new departure time is planned to be 1640 local time."

Inbound flight delayed as well as we knew it would be as had been doing my research before leaving the UK on these particular flights and their (un)reliability.

On return to UK I wrote to TC who responded in standard fashion, citing "delays of a technical nature, which were extraordinary".

Wrote to CAA to assist me, stating that I had discovered the following:

TCX1638 LGW-HRG
5 Oct - departed 4 hours and 19 mins late
12 Oct - departed 3 hours and 22 mins late
19 Oct - departed 4 hrs and 11 mins late
26 Oct - departed 2 hrs and 37 mins late

TCX1639 - HRG-LGW
5 Oct - departed 3 hrs and 44 mins late
12 Oct - departed 3 hrs and 1 min late
19 Oct - departed 3 hrs and 59 mins late
26 Oct - departed 2 hrs and 33 mins late

CAA useless, never even answered the continuous delays on the same flight, and said that TC were claiming ECs. They did however request copies of flight logs to verify flight timings. TC never responded to this but chose to write direct to me again telling me the delays to my flights were of a "technical nature, which were extraordinary" and then in a subsequent letter "I can confirm that the root cause of the delay (not even delays!!) could not have been foreseen".

Fed up so started CC proceedings. TC responded on 28th day (as seems pretty normal) with a defence looking much like everyone else's who has posted on here. I responded as per the Judge's Judgment Order with a Particulars of Claim and now have been asked by the Judge to go to mediation. I have refused on the grounds that I used the CAA to act as a mediator and TC don't respond to them!

Now waiting patiently to see what's next but am really getting quite nervous at the though of a court appearance but equally quite excited that I might get my day in court - does anyone have any views on my case and its legitimacy? Appreciate any comments

111KAB

flymeaway wrote: »

Now waiting patiently to see what's next but am really getting quite nervous at the though of a court appearance but equally quite excited that I might get my day in court - does anyone have any views on my case and its legitimacy? Appreciate any comments

Think you stand a good chance.

I was informed it was always better to agree to mediation as the Court looks favourably upon your claim if you have endeavoured to resolve prior to a hearing.

The CAA are not mediators. A mediator is someone who is not directly connected to either party. As the CAA are funded by the airlines, their pilots etc they are directly connected to one of the parties ie in your case TC. The ex chairman of the CAA is now a board member at Monarch Airlines.

Good luck - don't be nervous but TC should be

mrktaylor

Hi guys i was recently on this flight from Manchester to Punta Cana airport, when we arrived at the airport the plane had already been delayed by 1 hour due to our original plane being put into maintenance and Thomas Cook needing to do a "MOT" on our new plane. We all got on the plane as usual and proceeded to the runway. As the plane set off about half down the runway there was a loud bang and the plane slammed on the brakes(we were told by the captain there was an engine failure). We were left on the runway for about 30mins while fire crews checked the plane over, we then proceeded to taxi back to the airport and get off the plane where a new plane would be waiting. We were then told that the plane would not be ready until 4:00pm bare in mind the original departure time was 10:55am, however we didnt board the new plane until around 5:00pm. We were given an £8 voucher for food and drink per person and told to wait in the departure lounge. We eventually got on the plane and had a wonderful holiday. When i returned I decided to do some investigation work and it turns out that the exact same plane had 3 other engine malfunctions(all in the right hand engine, same as ours) at the end of last year. Now i have been reading other compensation requests and Thomas Cook has said that engine failure is a extraordinary circumstance but how can it be if they knew about the problem for so long? Here is some information regarding the plane and video from the airport.


avherald. com/h?article=46455b06&opt=0
avherald. com/h?search_term=G-OMYT&opt=0&dosearch=1&search.x=-1785&search.y=-105

It wont let me post links so please delete the space between avherald. and com. I would just like to know what everyone thinks about this situation.

Thank You.

CobyBenson

Do I think this is extraordinary? No.

That being said, I can certainly imagine a Judge who's unfamiliar with the law (incorrectly) finding favour with the airlines on this one.

You need to be prepared for a fight, I don't think TC are going to settle out of Court.

The research you've done already with Avherald will certainly stand you in good stead.

VOB72

Markie11 wrote: »

A number of posts have mentioned email conversation with Thomas Cook. I sent an email on Monday regarding a flight delay to customer.relations@thomascook.com, however I've not received an automated response or an invalid email address response.

So my question is ... Does anybody know if this is a correct address, if not does anybody have one?

Thanks.

Try do@thomascook.com. I had success with this after trying the customer relations email address but without success.

VOB72

roxysox wrote: »

Markie11 wrote: »

A number of posts have mentioned email conversation with Thomas Cook. I sent an email on Monday regarding a flight delay to customer.relations@thomascook.com, however I've not received an automated response or an invalid email address response.

So my question is ... Does anybody know if this is a correct address, if not does anybody have one?

Thanks.[/QUOte
My original e-mails to Tc were an automated reply to say it had been received that is until 3 weeks ago and no reply at all even though I replied using the e-mail they sent me and I had sent 3 in that week.
I answered the letter sent to me today by e-mail but have not had an automated reply either.

Try do@thomascook.com. Worked for me, had personalised responses - until I sent an NBA!

CobyBenson

I use [EMAIL="claims@thomascook.com"]claims@thomascook.com[/EMAIL], which is printed on all their correspondence.

GMJJ

Hi I wonder if you can help, am new to this! I was delayed 7 hours from gatwick to Dalaman (thanks thomas cook) then a further 9 hours on the way home... I believe i can try to claim for compo, but don't know where to start!! this was within the last two weeks (
x

Vauban

GMJJ wrote: »

Hi I wonder if you can help, am new to this! I was delayed 7 hours from gatwick to Dalaman (thanks thomas cook) then a further 9 hours on the way home... I believe i can try to claim for compo, but don't know where to start!! this was within the last two weeks (
x

Can we ban the word 'compo'? I think it must be a law of the natural universe that anyone who can't be bother to write the word in full doesn't actually deserve any. Or am I showing my age?

111KAB

GMJJ wrote: »

........... but don't know where to start!!

Page one FAQ's of this thread has all your answers - read this - doubt you will need to post again