Flight delay and cancellation compensation, Thomas Cook ONLY

Caz3121

Jonahmaul wrote: »

Hi, I've looked in the FAQ but can't find the answer. I'm sure it's in all the threads somewhere though so apologies for asking again but what is important for the three hour cut off? We flew back from Cayo Coco in Cuba last week and our flight left three & half hours late. The plane made up time in the air and according to flight stats we arrived on the runway 2:58 late (annoying right!). This was something the pilot was very keen to stress as he repeatedly stated that he'd got us there with a less than three hour delay. However, is the delay the time you arrive on the runway or the time you get to disembark the plane as if it's the first we can't claim compensation but if the latter then we can. Thanks for any help.

Flightstats will show the touchdown time which will be classed as the arrival time so no compensation due if it is less than 3 hours

Jonahmaul

Caz3121 wrote: »

Flightstats will show the touchdown time which will be classed as the arrival time so no compensation due if it is less than 3 hours

Thanks for the quick answer. What a real pain in the a**. A very annoying delay and not entitled to anything because of two minutes.

m19rts

Hi All,

Just got an email from Thomas Cook this morning.

They have offered £1052 in Thomas Cook vouchers (£526 each for my wife and I).

I have 2 quick questions regarding this:

1. Should I bother arguing for compensation for my baby (considering we did not actually buy a ticket for her, but just paid some taxes).

2. A voucher has been emailed to me, but is not signed by anyone as it is a PDF. Do I need to insist that a signed voucher is sent to me in the post?

Once again, I would really like to thank everyone for their help and advice in this matter.

m19rts wrote: »

Hi All,

My wife and I along with our 8 month baby recently went to Cuba with TC on an all inclusive package.

Our return flight was due to depart on 3rd June 2013 at 16:10, but was delayed until 18:00 on 4th June 2013 (the next day).

They stated that the reason for the delay was a due to "an unforeseen operationally significant defect". We were told by the pilot when we boarded the flight that there was a severe storm (which was actually heavy rain for about an hour) which caused a malfunction in the air pressure system.
As we were in Cuba, they couldn't get an engineer down very quickly and by the time the fault was repaired we could not take off as the crew would have worked too many hours according to regulations.
The captain said he wanted to actually depart at 10:00 the next morning but couldnt as new meals had to be made which wouldnt be ready till the afternoon.

We we stuck at the airport from 13:00 to approx 20:00 and between 16:00 and 20:00 all the airport shops & kiosks had closed and so none of the passengers could buy food or drink.

Furthermore, TC didnt ensure that there was enough food for everyone upon return to the hotel approx 21:30 (apart from the some light snacks).

I have read through this forum but am not sure exactly where I would stand or what kind of compensation I should be stating in our initial letter. From the table I thought it would be 600 Euros per person, is this correct? Also would our baby count as a third person (we did not purchase a seat for her, just paid some taxes)

PS. Thomas Cook handed out a flyer to all passengers to say that as we were on an all inclusive package, we would not be entitled to any refund/compensation.

icy75

Well after receiving the new guidelines called TC and they have said the plane needed a new engine and they will not pay out, asked them to put it in writing and they just said they can see it on their system.

They didn't give a reason for the engine change.

I think todays the day to submit to mcol !

They are paying a BACS payment for the flight they have admitted liability for and cancelling the useless holiday voucher

LA_Wedding_Cars wrote: »

Further to this, have just this morning received an email regarding the outbound flight, I wonder if it is a coincidence that I posted this about 2 hours previous to getting the email hmmmm

anyway "having carried out a full investigation into the delay to your flight, a payment of compensation is applicable in line with Regulation 261/2004. I have taken the liberty of enclosing a discount voucher to the value of £1062 which equates to a payment of £531 per person. This voucher can be used against the cost of a future holiday with us (like that's ever going to happen!)

I will pursue for details of the so called "extraordinary" circumstances surrounding the inbound flight that they dont seem to want to tell me about, now do I accept the sum as part payment as long as they pay cheque as there is no way we will ever fly with them again, or should I take the whole lot to SCC (although if I only claiming for one flight then the court fees could be lower)

Reading through this thread it seems a common response to deny one flight and accept the other, probably in the hope that we will go away satisfied with something.

icy75

Following the phone call have received 3 emails within 10 minutes

Dear

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at or call the CAA for advice on 020 7453 6888.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

This is with regards to your outbound flight TCX174K MAN-CCC 29.05.08

And then

Dear

Thank you for taking the time to speak to me about your experience recently.

I am pleased to inform you that our agreed payment of £1062.00 has been made directly into your account. This has been made via the BACS payment system and as such can take up to 10 working days to clear. This is offered in full and final settlement of the matter as agreed.

I would once again say how sorry I am that you felt it necessary to get in touch with us, but I hope we have shown that we do value your comments and that you will travel with us again soon.



Kind regards

Stephanie Whiteside

Customer Services

I clearly stated to them in my previous email that I would accept this amount as a partial settlement only yet they replied saying its full and final AS AGREED a clear lie!

and now

Dear

Thank you for contacting Thomas Cook Customer Relations.

In response to your previous email regarding your payment, please may I request you to call the following number, 0844 8798 136 at your earliest convenience, to provide your bank account details, this will then allow us to process your payment.

If I can be of any further assistance, please do not hesitate to contact me.

despite having a email saying the payment has been made by BACS, this is a joke surely!

JaneyW_3

Would love to hear from anyone who has had a positive response from Thomas Cook on this one. They say the almost 24 hour delay was due to a 'technical nature'. I have asked Civil Aviation Authority for assistance on the matter but it would be good to hear if anyone else has had some success.:beer:

Jonahmaul

m19rts wrote: »

Hi All,

Just got an email from Thomas Cook this morning.

They have offered £1052 in Thomas Cook vouchers (£526 each for my wife and I).

I have 2 quick questions regarding this:

1. Should I bother arguing for compensation for my baby (considering we did not actually buy a ticket for her, but just paid some taxes).

2. A voucher has been emailed to me, but is not signed by anyone as it is a PDF. Do I need to insist that a signed voucher is sent to me in the post?

Once again, I would really like to thank everyone for their help and advice in this matter.

The compensation guide on here says they have to give you cash if you request it.

ANNA

Here is my progress since March.

TC has filed a Defence stating it is an exceptional circumstance.
TC has failed to respond to my written requests for further information or the technical report.
TC has failed to reply to CAA at all and TC has been put into the CAA's enforcement section.
MCOL has transferred the case to my local County Court.
The court told me the judge has looked at the file, decided it was ready for the hearing, so skipped the mediation stage. I was told the serve any evidence I want to rely on.
There were no Directions given.
I have not heard from TC legal team in a long time.

Any advice on what to do next?

Mark2spark

allybee13 wrote: »

I've written to them four times already and my last email quoted the pre action protocols which they have chosen to ignore.

I guess I'll be filling out some court forms and parting with £71. Can I claim the court costs back on top of the compensation?

Yes you can.
If you've already written 4 times then the penny must have dropped that court action is the only thing left now anyway?

Mark2spark

ANNA wrote: »

Here is my progress since March.

TC has filed a Defence stating it is an exceptional circumstance.
TC has failed to respond to my written requests for further information or the technical report.
TC has failed to reply to CAA at all and TC has been put into the CAA's enforcement section.
MCOL has transferred the case to my local County Court.
The court told me the judge has looked at the file, decided it was ready for the hearing, so skipped the mediation stage. I was told the serve any evidence I want to rely on.
There were no Directions given.
I have not heard from TC legal team in a long time.

Any advice on what to do next?

Do you have a court date?
Basically prepare by printing out the Wallentin ruling, and have your highlighter pen ready. If you don't receive a defence from TC 14 days before the court date then just highlight the relevant sections as per their initial excuses and send it to the court, and a copy to TC.
Then show up at court and ask that their defence not be allowed as it is out of time.