Flight delay and cancellation compensation, Thomas Cook ONLY

alberto2012

Hi.

Before I go ahead with the next step (taking TC to court)

Would their excuse for our 21 hour delay hold up?

"An engine fan blade found to have damage. The blade required none destructive testing and repair work.

There was also an application to Rolls Royce for a Technical Variation to allow continued operation of the blade. The paper work from Rolls Royce was taking a long time to achieve so it was decided to replace the fan blade

A fan blade matching the weight of the damaged blade which was taxied from Manchester to London Gatwick and replaced. Due to there being no previous faults, which I hope you will appreciate, this fault is completely beyond our control."

Having a quick glance over the links on the FAQ's it seems technical faults are NOT 'extraordinary circumstances'..

Does anyone know / or know where exactly to find out if their defence would stand up in court ?

(Id just like to get peoples opinions / confirmation Im not wasting my time in attempting court action..)

Thanks

bazaar_2

alberto2012 wrote: »

Hi.

Before I go ahead with the next step (taking TC to court)

Would their excuse for our 21 hour delay hold up?

"An engine fan blade found to have damage. The blade required none destructive testing and repair work.

There was also an application to Rolls Royce for a Technical Variation to allow continued operation of the blade. The paper work from Rolls Royce was taking a long time to achieve so it was decided to replace the fan blade

A fan blade matching the weight of the damaged blade which was taxied from Manchester to London Gatwick and replaced. Due to there being no previous faults, which I hope you will appreciate, this fault is completely beyond our control."

Having a quick glance over the links on the FAQ's it seems technical faults are NOT 'extraordinary circumstances'..

Would you agree that they are giving me the run around?

IMHO, they are blowing smoke up your jacksie.
How they can possibly write to Rolls Royce and expect them to give the go ahead to fly an airliner with a possible out of balance Fan assembly on an engine is a little scary to say the least..
They have Engineers who know the tolerances of the engines and components, if its borderline or suspect, I would say they have a Risk Assessment for that.
just look on internet for fan blade damage and occurences, itll most likely be an inherant problem for the airlines.

111KAB

Fan blades get damaged with almost every bird strike so blade damage is a regular and ordinary circumstance.

alberto2012

111KAB wrote: »

Fan blades get damaged with almost every bird strike so blade damage is a regular and ordinary circumstance.

Exactly. So not 'extraordinary' at all...

With being busy at work, two young kids in the house I dont have the luxury to sit and disect every page on this forum, look for / read every legal document available to see if I have a chance of getting compensation.

But the odd post from people on here is encouraging.

Its David vs Goliath in a way eh.

Id just like to be sure that I have a case to 'fight'...

Ianskarlie

I have tried to claim for flight TCX1217 from Palma to Gatwick on the 23 July....arrived over 7 hours late!!...anyhow have had their standard 'extraordinary' technical problem reply so have now got flightdelayrefunds.com to take it on a 'no win no fee'.....see what happens next!!!

mcalping

'm guessing that this is a standard letter as I have just received exactly the same one regarding my claim.!!!!!

heatherfay89 wrote: »

received the letter below from Thomas Cook mid June, unsure as to how to go foward.
Help?! Opinions?!

Anyone else on these flights?
TCX02K MAN-POP 06.02.10 and also your inbound flight TCX062L POP-MAN 20.02.10
12 hour delay outbound and 24 hour delay inbound!

"Dear Heather

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.

This is with regards to your outound flight TCX02K MAN-POP 06.02.10 and also your inbound flight TCX062L POP-MAN 20.02.10

Kind Regards,

Victoria McGuire

Customer Relations"

Ianskarlie

That's the one....was sent to me by email just under 3 hours from the initial response email from TC customer relations saying they needed to 'thoroughly' investigate my complaint....Makes me laugh !!

Vauban

alberto2012 wrote: »

Exactly. So not 'extraordinary' at all...

With being busy at work, two young kids in the house I dont have the luxury to sit and disect every page on this forum, look for / read every legal document available to see if I have a chance of getting compensation.

But the odd post from people on here is encouraging.

Its David vs Goliath in a way eh.

Id just like to be sure that I have a case to 'fight'...

Only if David felt he really didn't have the time to prepare for his giant slaying ...

Please be in no doubt that if you don't have time to read up on this (at least three hours' reading IMHO) hand it over to a NWNF company, as you wont have the time to carry this yourself.

Mark2spark

AndyPearce wrote: »

Hi Mark, I haven't noticed before in the posts I've read - I'm handling claims for my family and another for my in laws for the same flight and sent an NBA 2 weeks ago in response to their email. Do I have to send it by standard mail for it to be valid?

First class post is perfectly acceptable (by the courts)

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

but others would say use recorded D just to be sure and to save any re-sending issues should it become lost in the post.

friendofbillw2

Vauban wrote: »

Only if David felt he really didn't have the time to prepare for his giant slaying ...

Please be in no doubt that if you don't have time to read up on this (at least three hours' reading IMHO) hand it over to a NWNF company, as you wont have the time to carry this yourself.

Seconded :T