Flight delay and cancellation compensation, Thomas Cook ONLY

wendyjaycee

Well, two weeks down the line & still no cheque received so small claims directions questionaire returned to the court. Apparently the cheque hasnt even been printed yet but it will be with me shortly!! I spoke to the court & they have had not received anything from TC saying they are settling the claim but TC insist they have informed them!!

heather_p03

MCOL submitted yesterday.
CAA response today:

[FONT=&quot]We are writing to update you on your claim for compensation for a disrupted flight. [/FONT]
[FONT=&quot]It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law. As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’. [/FONT]
[FONT=&quot]The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly. [/FONT]
[FONT=&quot]We have asked all airlines to reconsider against this new guidance whether compensation should be payable in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment.[/FONT]
[FONT=&quot]The airline will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’. We are now closing your complaint. We are unable to enter into further correspondence on this issue as your complaint is now with the airline for reassessment.

[/FONT][FONT=&quot]TC[/FONT][FONT=&quot] will also receive the court papers in due course although I also used the Peterborough address as this is the Registered Office.[/FONT][FONT=&quot]
[/FONT]

flymeaway

supermum4 wrote: »

Thanks for the quick reply I'll see what they offer but frankly I'm quite happy to let this go to court I feel much more confident that I'll win my case thanks to all the support on here you guy's are all stars and it's much appreciated so thanks again:beer:

I have turned down mediation too - I just want them to pay what they are legally obliged to pay and stop wriggling - we wouldn't be at this stage if they had done that. I am not worried about my costs at all, small price to possibly sacrific to get the result that legally we all should get - stick to your guns.

holidayfan

FINALLY - I have received a response from Thomas Cook and i am dealing with them via email. I'm not sure what to say to this response (Below). Can anyone give me an idea on what to respond with?

Would be great to hear if anyone was on the flight from Glasgow to Orlando on the 26th August, Delayed 24 Hours

Dear Holidayfan

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 the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

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 for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

Kind Regards,

Vauban

Holidayfan: this letter has been posted on this thread alone literally dozens of times. Use the search facility to see what folk have said (and done) in response. And have a full read of the FAQs on page one. If you want your compensation, TC are gonna make you work for it. So get reading!

marco44

I was on the same flight and I have emailed Thomas Cook asking for compensation.
They have replied to my email and gave me a case number. They said they will be back in touch with me. So will wait to see what there next reply is.

JP195 wrote: »

Hi,
I was wondering if anyone could point me in the right direction with the horrible end to a holiday we had on 11th July 2013. (TCX163 from Cancun to Mexico).

The first we heard was that the flight was delayed from the original time of 15.15 by 8 hours (found out after we had checked out and waited for our original pick up from the hotel). We talked to our rep before checking out who told us there were no delays so to go ahead and check out, when she talked to Thomas Cook after the bus failed to show they said they had emailed our hotel to stop them checking us out early due to the delay. The hotel denied receiving this and no-one had informed our rep. Therefore we were made to sit in the hotel for 8 hours with no room to shower etc.

Once we arrived at the airport and checked in we were waiting until 11.15pm (the stated departure time after the initial flight delay) until we heard there was a fault with a weather sensor and if it could not be repaired we would not be flying. After the captain made the decision not to fly we were provided with a small pack containing a muffin, yoghurt and a small orange juice but no other refreshments apart from water 'for children only'. It was 4am before we were allocated a hotel room and transferred by coach.

We were told we were to fly out at 7pm the following day so were picked up at 4pm from our hotel only to spend more time waiting until our flight actually left at 9.25pm. We were given no refreshments or vouchers towards food/drink at this time and had to purchase our own.

I was wondering what, if any, compensation we were entitled to with all of this? We received a letter on arrival at Manchester stating that Thomas Cook package holiday customers are 'not entitled to a refund of the total price of the package unless the flight is significantly delayed causing a reduction in the time spent in the destination which is significant in relation to the length of the holiday'

I have filled in a letter from the information on this website to send to Thomas Cook, but am expecting they will dismiss their responsibility.

Sorry for the lengthy story! Any help would be appreciated, I've never had to do anything like this before.

spreadtrader

heather_p03 wrote: »

MCOL submitted yesterday.
CAA response today:

[FONT=&quot]We are writing to update you on your claim for compensation for a disrupted flight. [/FONT]
[FONT=&quot]It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law. As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’. [/FONT]
[FONT=&quot]The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly. [/FONT]
[FONT=&quot]We have asked all airlines to reconsider against this new guidance whether compensation should be payable in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment.[/FONT]
[FONT=&quot]The airline will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’. We are now closing your complaint. We are unable to enter into further correspondence on this issue as your complaint is now with the airline for reassessment.

[/FONT][FONT=&quot]TC[/FONT][FONT=&quot] will also receive the court papers in due course although I also used the Peterborough address as this is the Registered Office.[/FONT][FONT=&quot]
[/FONT]

I recieved the exact same email yesterday which seems like a general email.
It had no case refrence number or personal details on it.
Are the CAA fobbing us off ? and what does the actual context mean?
Thanks

heather_p03

Spreadtrader - mine was the same; no case reference; no name.
It does seem that perhaps the CAA have had so many complaints against the airlines regarding delays, compensation and Extraordinary Circumstances that they have now asked the airlines to reassess all claims.
These are indeed Extraordinary Circumstances for the CAA

Vauban

heather_p03 wrote: »

Spreadtrader - mine was the same; no case reference; no name.
It does seem that perhaps the CAA have had so many complaints against the airlines regarding delays, compensation and Extraordinary Circumstances that they have now asked the airlines to reassess all claims.
These are indeed Extraordinary Circumstances for the CAA

I thought this was so very odd that I dropped a line to the well-respected travel journalist Simon Calder. He's said he's intrigued as well and will do some digging.

I must admit that I read this letter optimistically, however. It implies to my mind that the CAA have resolved on a common EU-wide interpretation of "extraordinary circumstances", which can only take them in a stricter direction - especially if endorsed by the Commission.

It is disappointing that the CAA seem to be washing their hands of direct intervention, but if they are signing up to a strict and unambiguous interpretation, agreed by NEBs across Europe as well as the Commission, I that is going to be very difficult for the airlines to defend against.

Of course, I may be too rosy, and this could be simply the CAA bailing out. But my instinct says not ...

111KAB

EU press releases on transportation issues normally show about one week after the briefing/meeting. I have checked and cannot see any agenda issues for the CAA/EC's however there may have been a briefing in the past week. See here http://europa.eu/rapid/search-result.htm?query=66