Flight delay and cancellation compensation, Thomas Cook ONLY

flymeaway

Was reading through the forum and it jogged a memory regarding my own case! I now remember being told by a man on the airside desk at Gatwick that the delay on our flight was because they had to fly another plane to LGW specially as the one we should have been on had suffered a problem in Egypt and was still there - however, I have not put this on any of the court papers so far as I literally only just remembered! Can I now mention this in my claim as it surely pushes the point even further on the reason for the delay not being due to EC as they claim?

MrsW86

_party_

supermum4 wrote: »

Well had my mediation yesterday and they have paid up in full inc my fees so a huge thank you to everyone on here for giving me the courage to keep going just waiting for the cheque now what a lovely birthday present yeah

I too would love to know how it went, we are currently awaiting a mediation date. Congratulations

Ps happy birthday _party_

David_e

supermum4 wrote: »

you have a PM;)

Thanks and happy birthday!

scottishnellie

I read everything on this forum then posted on here a couple of weeks ago that I was just back 2 weeks in Turkey, flight with TC. Outbound flight was 5.5hrs delayed Glasgow to Antalya, and return flight was 5hrs delayed Antalya to Glasgow for 4 passengers each way so I sent the initial letter off claiming for both flights. I also mentioned that the same flights were 5-7hrs late every week for 3 consecutive weeks so thought less chance they could claim EC. If you can see the timeline below I'll try to explain what's happened now:

• 06/07/2013 - posted initial claim for 4 x 400 euros each way = 3200 euros
• 13/07/2013 - email rec'd acknowledging claim giving case no
• 18/07/2013 - email rec'd standard reply declining compensation for outbound flight citing 'technical issues' no mention of inbound flight
• 18/07/2013 - I emailed back asking why no mention of inbound flight and saying I would issue NBA
• 19/07/2013 - Posted NBA asking for details of technical issue for outbound flight and asking that they respond regarding inbound flight
• 20/072013 - Email rec'd offering voucher for £1406 for inbound flight, saying to phone them with bank details if I want cash instead (as I put in my initial letter not to offer me vouchers)

I'm delighted they are immediately paying out on the return flight, but I want to know whether I can accept the payment for that flight and still continue process for the other flight given they appear to have treated them as two separate claims.

Or by accepting the payment am I accepting settlement in full and giving up the right to seek the payment for the inbound flight. The email offering payment for the inbound just doesn't mention the outbound flight at all.

Any advice welcome - thanks

blondmark

scottishnellie wrote: »

I read everything on this forum then posted on here a couple of weeks ago that I was just back 2 weeks in Turkey, flight with TC. Outbound flight was 5.5hrs delayed Glasgow to Antalya, and return flight was 5hrs delayed Antalya to Glasgow for 4 passengers each way so I sent the initial letter off claiming for both flights. I also mentioned that the same flights were 5-7hrs late every week for 3 consecutive weeks so thought less chance they could claim EC. If you can see the timeline below I'll try to explain what's happened now:

• 06/07/2013 - posted initial claim for 4 x 400 euros each way = 3200 euros
• 13/07/2013 - email rec'd acknowledging claim giving case no
• 18/07/2013 - email rec'd standard reply declining compensation for outbound flight citing 'technical issues' no mention of inbound flight
• 18/07/2013 - I emailed back asking why no mention of inbound flight and saying I would issue NBA
• 19/07/2013 - Posted NBA asking for details of technical issue for outbound flight and asking that they respond regarding inbound flight
• 20/072013 - Email rec'd offering voucher for £1406 for inbound flight, saying to phone them with bank details if I want cash instead (as I put in my initial letter not to offer me vouchers)

I'm delighted they are immediately paying out on the return flight, but I want to know whether I can accept the payment for that flight and still continue process for the other flight given they appear to have treated them as two separate claims.

Or by accepting the payment am I accepting settlement in full and giving up the right to seek the payment for the inbound flight. The email offering payment for the inbound just doesn't mention the outbound flight at all.

Any advice welcome - thanks

Although part-payment of your claim does not settle it, you should write accepting what they have sent as a part-payment so there is no later argument that it was in full and final settlement.

icy75

Hi

We went to Cuba (Jardines del Rey) on 29th May 2008 and returned on the 12th June 2008.

On the outbound flight we were delayed by 5 Hours 4 Minutes
The inbound flight was delayed by 5 Hours 35 Minutes.

I wrote to TC on the 1st of May and received a reply on the 10th stating they deal with all complaints in order blah blah blah.

On the 16th July I had had enough of no contact so sent them a lba as they had failed to respond satisfactory , on 18 July I received the standard get stuffed letter liking their aircraft to cars and breakdowns despite having service history or MOT - Seriously !!!!!!, the 2 are in no way comparable.

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

They say it was a technical nature and the delays were extraordinary, no mention of the cause of the "technical delay"

At the foot of the email it simply says this is with regards to the inbound flight.

We were told that there had been lots of delays with their flights preceeding by a member of staff, unfortunatly we have no proof of this.

On the outbound flight we were given a letter along with a £5 meal voucher (what the hell is that supposed to buy airside) For the return journey we were not given any vouchers at all.

The letter we were given for the outbound flight states "The plane operating your flight is currently running approximately 4 Hours and 30 minutes late due to the late arrival of the aircraft from its previous sector"

I am currently deciding if I should send them an amended lba due to their latest response informing them that they have only bothered to reply about the inbound, and asking for proof of the "extraordinary" nature of the technical fault, or should I go straight to SCC

Was anyone else here on these flights?

smackdowngunny

Hi everyone,

Thanks for all of the great advice given I am just requesting a bit more! My family and I were delayed on 30/08/2010 coming from Reus to Manchester. The delay was 4 hours 15 minutes and as such I have claimed for 250 euros per person. I have sent my NBA and TC have sent back a rejection letter saying bird strikes affected the flight time and an engineer took a while fixing the problem (EC). Now I believe that the flight before ours was delayed meaning ours was delayed which from my reading of all of the FAQs etc is not an exceptional circumstance.
My question is "Does a bird strike on the previous flight count as an extraordinary circumstance" in anyone's opinion here or should I start an MCOL claim. I think I have them pretty much bang to rights, the flight before was delayed meaning ours was a knock-on and therefore not exceptional but I would love a little advice before slapping an MCOL in.

Thanks in advance

Vauban

LA_Wedding_Cars wrote: »

Hi

We went to Cuba (Jardines del Rey) on 29th May 2008 and returned on the 12th June 2008.

On the outbound flight we were delayed by 5 Hours 4 Minutes
The inbound flight was delayed by 5 Hours 35 Minutes.

I wrote to TC on the 1st of May and received a reply on the 10th stating they deal with all complaints in order blah blah blah.

On the 16th July I had had enough of no contact so sent them a lba as they had failed to respond satisfactory , on 18 July I received the standard get stuffed letter liking their aircraft to cars and breakdowns despite having service history or MOT - Seriously !!!!!!, the 2 are in no way comparable.

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

They say it was a technical nature and the delays were extraordinary, no mention of the cause of the "technical delay"

At the foot of the email it simply says this is with regards to the inbound flight.

We were told that there had been lots of delays with their flights preceeding by a member of staff, unfortunatly we have no proof of this.

On the outbound flight we were given a letter along with a £5 meal voucher (what the hell is that supposed to buy airside) For the return journey we were not given any vouchers at all.

The letter we were given for the outbound flight states "The plane operating your flight is currently running approximately 4 Hours and 30 minutes late due to the late arrival of the aircraft from its previous sector"

I am currently deciding if I should send them an amended lba due to their latest response informing them that they have only bothered to reply about the inbound, and asking for proof of the "extraordinary" nature of the technical fault, or should I go straight to SCC

Was anyone else here on these flights?

It seems to me that as you have already issued them a notice before action there is no requirement or value in sending a second one. Indeed it will only reinforce the airline's assumption that you are not serious about taking them to court. If you think your claim is valid, stop dancing to their tune and call your own beat instead!

111KAB

smackdowngunny wrote: »

H
My question is "Does a bird strike on the previous flight count as an extraordinary circumstance"

1) A technical problem does not equate to an extraordinary circumstance
2) Problem occurred on a previous flight
3) Bird strikes are not extraordinary

Go for all 3!

Vauban

smackdowngunny wrote: »

Hi everyone,

Thanks for all of the great advice given I am just requesting a bit more! My family and I were delayed on 30/08/2010 coming from Reus to Manchester. The delay was 4 hours 15 minutes and as such I have claimed for 250 euros per person. I have sent my NBA and TC have sent back a rejection letter saying bird strikes affected the flight time and an engineer took a while fixing the problem (EC). Now I believe that the flight before ours was delayed meaning ours was delayed which from my reading of all of the FAQs etc is not an exceptional circumstance.
My question is "Does a bird strike on the previous flight count as an extraordinary circumstance" in anyone's opinion here or should I start an MCOL claim. I think I have them pretty much bang to rights, the flight before was delayed meaning ours was a knock-on and therefore not exceptional but I would love a little advice before slapping an MCOL in.

Thanks in advance

This is, in my view (and I am not a lawyer) a double-grey area. First on whether a bird strike counts as extraordinary: they are fairly common in the industry (see the AV Herald website for proof of that), and therefore inherent in the business of flying. Under a strict reading of the Wallentin interpretation, not therefore extraordinary. But one can easily imagine a judge taking the view that a bird strike is not within an airlines control and therefore deeming it extraordinary. So the question is how well the airline responds to the strike, and whether it uses "all of its resources" to get passengers on their way (the so-called Wallentin Third Question).

The second grey area is about knock ons. Some people here say that knock ons cannot be considered extraordinary. Nowhere in the regulation does it explicitly say that. In fact it talks about how extraordinary circumstances may impact upon "a particular aircraft on a particular day", which does allow the possibility - in my view - of an extraordinary circumstance with one flight carrying on to the rest of the schedule.

However, in practice knock-ons should be difficult to justify because of the requirement of airlines to do everything posible to prevent subsequent delay, - "all of its resources short of intolerable sacrifices". If they are made aware of a problem with a flight, they need immediately to work to prevent delays for those who might be affected down the chain. And the longer away the original incident occurs from your own delay, the harder it is for the airline to show it met this second test of Wallentin.

So in your case I would try to find out when the original bird strike occurred. But the airlines are not great about sharing this information, and - if you can't find it from AV Herald or PPRUNE - you will need to start legal action to find out.