Flight delay and cancellation compensation, Thomas Cook ONLY

richardw

If your user name assists TC in identifying you, then perhaps use a different user name, they do read this.

twinktoes

Hi people. I've used the thread in the past and have got as far as sending a letter to Thomas Cook about our delay to which I've now received a response.

Quick brief about what happened; we got on the plane but had to wait half an hour before setting off, we then had to return after an hour in the air due to a technical issue. We returned to the airport and then had to wait another 4+ hours before eventually having to fly on a different plane. All in all, we arrived over 7 hours late.

I received an email response the other day stating the following;

Dear xxx,

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,

Customer Relations

I've been reading about how the extraordinary circumstances excuse cannot be applied, but am unsure about what to do next? Do I now have to file some sort of court claim or respond to the email stating I'll take legal action or..?

Any help would be greatly appreciated!!

Thanks

Edit: just found the NBA letter, is this the next step I should take? Also, as they replied to me via email, should I reply back to them by email as well?

bazaar_2

cpa541 wrote: »

When airlines have a delay do they have to log the reason somewhere, like the CAA for instance, so that ordinary people like myself can find the real reason for the delay? Do we have the right to know under the "Freedom of Information Act?" I've scoured the internet but can find nothing. It would be a huge shortcut for trying to settle claims and would save everybody (Airlines, CAA & public) a huge amount of time resolving valid or invalid claims.

flight stats usually have all you need in regards what happened to your flight, youll need to register to get the details, its pretty easy

cpa541

bazaar wrote: »

flight stats usually have all you need in regards what happened to your flight, youll need to register to get the details, its pretty easy

Yes, thank you for that. I'm already aware that Flightstats gives lots of useful information but it doesn't give the reason for the delay.

AndyPearce

Received the standard EC letter back from TC including the laughable likening technical problems with a plane being similar to those with a regularly serviced car!
I've sent off a NBA and will wait for a response before MCOL.

The odd thing is that I sent two letters, one for me and the family and another on behalf of my in-laws who had a separate booking ref but only the in-laws have had the standard response back, nothing back to me yet 5 days later....

bazaar_2

cpa541 wrote: »

Yes, thank you for that. I'm already aware that Flightstats gives lots of useful information but it doesn't give the reason for the delay.

So what are you really after here?. If youve been delayed, and after reading up on the legislation you feel you have a valid claim, you put in a request to the airline to pay you compensation.
If they deny it, ( which they usually do ) you have to decide whether to take it further.
The airlines are not going to roll over and pay up just like that. If you think these airlines will behave reasonably, you can read most of the threads here and decide pretty quickly that they dont, ( even after appealing to the European court and effectively losing).
Its really all a big game to get you to jump through hoops to get to your goal of compensation. Most people will simply give up and thats what is relied on IMHO

cpa541

bazaar wrote: »

So what are you really after here?. If youve been delayed, and after reading up on the legislation you feel you have a valid claim, you put in a request to the airline to pay you compensation.
If they deny it, ( which they usually do ) you have to decide whether to take it further.
The airlines are not going to roll over and pay up just like that. If you think these airlines will behave reasonably, you can read most of the threads here and decide pretty quickly that they dont, ( even after appealing to the European court and effectively losing).
Its really all a big game to get you to jump through hoops to get to your goal of compensation. Most people will simply give up and thats what is relied on IMHO

All I’m looking for is the truth in why my flight was delayed. Is it not possible for the CAA, or other regulator, to have a register of every delay and the reason for it and to be available to the public for inspection? The airlines should be legally obliged not to make false declarations for fear of losing their operating licenses. If I knew the truth I could then make a reasoned judgement on whether to proceed with my claim or not. As it is, I (and many like me) will have to spend many more hours going through this charade of cat and mouse with the airline.
If I knew the truth was that my flight was delayed because my aeroplane flew into a flock of birds on a previous flight then I would not bother to proceed. (The airline had no control over that.) If it turned out that it was delayed because the pilot overslept and was late for work then I would persevere with my claim.(The airline had control over that.)
As it is I have to discount every excuse given to me by the airline because they have no legal obligation to tell me the truth until in goes to court.

aylin_2

aylin wrote: »

I have tried to claim against Thomas Cook for the following delayed flights:-
TCX248K 23rd September 2010 Manchester Dalaman 15+ hours delay.( Their letter stated 'unforseen significant defect') I am aware that there was a strike in ATC France but this was public knowledge and there was adequate time for contingency.They may try to use this against the claim.The staff actually commented at the time that there was a problem with an engine and the part had not arrived to repair it.
TCX345L 5th October 2010 Dalaman to Manchester 3h.45m delay.( letter states unforseen 'operational' problems). I was advised to contact my insurer. The amount they were willing to pay was less than my excess so it was pointless.
I have sent off the appropriate claim letter with evidence including booking details boarding pass luggage tabs etc in early May 2013. After 42 days I got a ( standard) response saying they needed another 28 days. I informed them that I felt they had adequate time and information to have investigated my claim and informed them of my intent to escalate through small claims asking them to respond before 5th July 2013 . Nothing since.
Has anyone had any success with these flights?
I travelled with them on flight TCX 2545 24th June 2013 Dalaman to Manchester again 3+ hours delay ( sleeping on a marble floor at the gate) so I have put in a claim regarding that one too on 26th June not heard anything yet. Has anyone heard anything about this flight or had any success?
I will keep forum informed of any progress.
Incidentally Thomas Cook seem to be issuing time defined 'travel vouchers' instead of cash . This is a really cheap way of getting out of compensating passengers, they only have to incur the 'cost price' of travel and if the voucher expires you get nothing ( which is what they hope for). If claimants are entitled to the compensation then you should be reimbursed with the cash to have the choice to travel with them or another operator.
Wish me luck.

This is a quick update.. The Flights delays I have been claiming for from 2010 .... Thos Cook are sending the generic letters saying they have investigated etc so I have forwarded my Notice before action asking that they provide evidence of their investigations and proof that the delays fit within 'extraordinary ' circumstances. The 28 days is up at the end of the month.
My second claim for flight TCX2545 delay Dalaman to Manchester 24th June 2013, I recieved a very vague letter apologising and accepting responsibility, with the generic time limited voucher for £350.. HOWEVER.... they have not given reference as to which flight they are giving compensation for or quoting the complaint reference. The voucher is an 'unauthorised' poorly printed facsimile, so really the apology and voucher isn't worth the paper it's very poorly printed on. They are also putting a so called 'legal' disclaimer on the apology letter saying that the views expressed in this message are those of the individual sender unless stated otherwise... laughable.
BEWARE those of you choosing to accept vouchers check all the relevent complaint reference details of the compensation are in your letter.
Needless to say another letter is winging it's way to Thomas Cook reminding them they are in breach of EU 261/ 2004 article 7 item 3 and claiming my compensation in cheque. and the beat goes on..and on..and.on........

Soo5ie

I wonder if anyone has heard of this as an excuse not to pay statutory compensation?
TC replied to and declined my request for compensation on the grounds of our aircraft being in for routine maintenance when the CAA turned up unexpectedly to carry out a 'spot check'/Audit of their maintenance procedures that had just been carried out which caused a 9hr 15 minute overnight delay for us :mad:, the aircraft never came for us in the end and an alternative aircraft was sourced from Manchester and we had to return to that airport in order to be transferred back to EMA by coach. Thomas Cook says this was 'extraordinary circumstances' owing to the fact they did not and could not have known it was going to happen!
I would expect the CAA to carry out Audits without any notice so they can ensure that airlines are performing routine maintenance checks properly in-line with and according to regulation and I would expect the airline to know that this has happened before and can happen again at any time therefore they should be prepared!
I have contacted my Family Legal Cover provided by my Insurer since my Travel Insurance policy is useless. Does anyone have any experience of this excuse having been used before or any advice as to what I should do next? Thanks

Soo5ie

becca241091 wrote: »

Hi just wondered if anyone has heard anything from the flight TCX5512 to dalman supposed to be from east midlands but was transfered to manchester? we are trying to get compensation but they have told us they wont refund. Has anyone been successfull? rebecca x

Hi, I am trying to claim as a result of this flight being delayed/cancelled/diverted to Manchester - they said today this was due to scheduled maintenance delays which were further delayed by the CAA carrying out a spot check/audit of their maintenance procedures which they were not given prior notice to - that's the whole point of an Audit, they are random and carried out all the time by the CAA? Anyway, keep me informed of any progress, I have referred the matter to my Family Legal Insurance cover, will keep update on any progression.