Flight delay and cancellation compensation, Thomas Cook ONLY

pretzelnut

I sent off my complaint today.

Keeping everything crossed.

maghater

Vauban wrote: »

Eight weeks for the CAA to respond? I wish! I've been waiting for seven months now! I complained to them this week about this, and today received an email advising me to be more patient!

As the CAA are basically the airlines' friend, I would really not encourage anyone to engage them but simply proceed to court.

On the back of my experience in court and the 30 point plan that the NEBs hatched amongst themselves back in April I would advise sitting on the fence for a couple of months

Vauban

maghater wrote: »

On the back of my experience in court and the 30 point plan that the NEBs hatched amongst themselves back in April I would advise sitting on the fence for a couple of months

To what end? The "guidelines" don't change the price of fish, and your experience - though sad for you (and all of us who cheered you on) - fortunately isn't typical. (nine out of ten appear to win - or the airline folds before judgement)

Given all the evidence on this forum, how could anyone conclude that handing their case over to the CAA would be a good thing?

When did your case go before the judge, Maghater?

Dr_Watson

scottishnellie wrote: »

Hi all,

The reason for my delay has now been given to me by Thomas Cook as

The delay to your flight was caused by anoperational change due to an airport closure. This caused a knock on effectwith flights causing the delay

So would this be considered EC then? I've already started with CAA but they've said they will take 8 weeks to reply. Was going to start court action but this reason (assuming it's true) does seem outwith TCs control. Although at the time we were told it was because the flight had 'broken down at its previous destination'.

What do you think?

Thanks

Airport closure? Routine closure or unexpected closure? I.E a routine closure at the airport that happens say every day in the early hours. What's extraordinary about that?
An unexpected closure forced by air traffic control for whatever reason for example, then ok that could be extraordinary.
You need to know which.
Do some research on the airport in question and find out if they have a routine closure and if so is this likely to have affected your flight?

deadpanjohn

edtheduck wrote: »

Hi there, you're the only other person that I've ever seen/heard was on that flight! So what are you doing now?

I have, since this above email, contacted CAA who (I think & hope) have started investigations with TC. I emailed them just the other day having seen that there are now updated guidelines on ECs for the EU.
Unfortunately I have got a generic response, so I think I'll ring them.
I wanted to know what to do, as in the info. I got on here, I read that airlines have until the end of September to review any cases that are with them...but if the CAA were involved, it would be they who would get back to me and it would probably take a bit longer.
Hence I emailed CAA to get confirmation that they have started talking to TC.
Could anyone clarify what exactly the position is on this - I know some of you will say I should have just gone to the court but I've really held off on this in the hope I could avoid the hassle, but be in no doubt I will not let this go. If it is sorted, one way or the other by the end of September, then I'll be able to move forward.
Thanks for any advice.

I had already contacted CAA and ABTA,both took details,although CAA requested copies of all correspondence with TC which I supplied. I last heard from CAA in mid May. They informed me that TC were claiming EC and they already knew I was not happy about it. They are going on to TC again for an engineers report. They also told me that it may be confidential and they may not be able to share this information with me!. Also added that their view on the case will not be legally binding but will be evidence based.
I'm as wise now as I was at the beginning. You could try your'e local CAB,they may be a lot better informed than mine was.If I find anything more out,Iwill post it.

cawman45

maghater wrote: »

Defeated

Really sorry to hear this news. You have been a massive help and deserved a better outcome. Good to see you're still posting advice.

statictom

hisue wrote: »

hi can any1 help my delay was 29-5-2011... on return journey homeward bound the problem i have is... iv found out what flight we were on through t cook but i dont have no bording pass .. tickets etc etc ..tcook have said they need more evidence i was on this flight .. can i get this info elsewhere... looked back on my emails nothing to support there

Write to the airline and say you wish to be supplied with the information they hold on you and your party. Its called a Subject Access Request under the Data Protection Act 1998.
Quote the flight details you were on and the passengers with you.

supermum4

Why are people still contacting the CAA after numerous post on here advising them not too if you haven't already contacted them then don't as they are on the airlines side not yours!

maghater

Vauban wrote: »

To what end? The "guidelines" don't change the price of fish, and your experience - though sad for you (and all of us who cheered you on) - fortunately isn't typical. (nine out of ten appear to win - or the airline folds before judgement)

Given all the evidence on this forum, how could anyone conclude that handing their case over to the CAA would be a good thing?

When did your case go before the judge, Maghater?

D day was 8th |July, probably unlucky, as it was the day after the S. Korean jet crash landed in the States. One of my arguments was para 81 of the TUi BA judgement of last November, TC had denied my claim as delay was caused by a third party negligence, thought that covered it! So was mega surprised to read a thread started by Helen MSE, which gives a link through to the European Commission website, and a list of 30 incidents decided as ecs by a meeting of NEBs back in April. Mine is actually no. 19. It also lists quite a comprehensive list of technical faults which in my opinion knees Wallentin well and truly in the painful bits. If the airlines are just going to stand behind this, its going to be impossible to get a NEB to judge in you favour. OK we can argue our case in court, but that is a powerful body to argue against.

Vauban

maghater wrote: »

D day was 8th |July, probably unlucky, as it was the day after the S. Korean jet crash landed in the States. One of my arguments was para 81 of the TUi BA judgement of last November, TC had denied my claim as delay was caused by a third party negligence, thought that covered it! So was mega surprised to read a thread started by Helen MSE, which gives a link through to the European Commission website, and a list of 30 incidents decided as ecs by a meeting of NEBs back in April. Mine is actually no. 19. It also lists quite a comprehensive list of technical faults which in my opinion knees Wallentin well and truly in the painful bits. If the airlines are just going to stand behind this, its going to be impossible to get a NEB to judge in you favour. OK we can argue our case in court, but that is a powerful body to argue against.

I agree that if you allow the airline to portray the guidelines as law, then everyone might as well go home. As you say, they cover almost every technical failure going! Good job then that this "preliminary" and "non-binding" list has no legal force. I thought the article on Bottonline was very interesting in that respect.

I'm really sorry you didn't win- there is definitely an element of chance to this process - but I'm glad your experience is not the more common one! I myself was made aware yesterday of two cases won in court by claimants - so my advice to anyone sitting on the fence is not to hang around but push on. There are no guarantees, but the success rate looks pretty good to me.