Flight delay and cancellation compensation, Thomas Cook ONLY

AndyPearce

Just a quick question - I'm managing two claims for the same flight, one for me and my family and another for my in-laws (I booked on behalf of them but on a separate booking ref.) If I take one of the cases to court and win will I automatically get compensation on the other case if I then request it? I'm wondering if it's worth taking parallel action on 2 cases if winning one will serve the same purpose?
My other consideration as one claim is worth €800 and the other is worth €2800 is to use a specialist firm to claim the €800 claim and once that is successful use that to claim the £2800 on my own and save the % fee. Any thoughts?

111KAB

AndyPearce wrote: »

Just a quick question - I'm managing two claims for the same flight, one for me and my family and another for my in-laws (I booked on behalf of them but on a separate booking ref.) If I take one of the cases to court and win will I automatically get compensation on the other case if I then request it? I'm wondering if it's worth taking parallel action on 2 cases if winning one will serve the same purpose?
My other consideration as one claim is worth €800 and the other is worth €2800 is to use a specialist firm to claim the €800 claim and once that is successful use that to claim the £2800 on my own and save the % fee. Any thoughts?

One will not set the precedent for the other HOWEVER it would be extremely difficult for the airline to attend Court again and 'win' their argument if they failed the first time around plus they would see 'the writing on the wall'. Go for the less expensive one yourself first, research well, have tenacity and patience and you will not need a specialist firm for either.

romanby1

ninjaz97 wrote: »

Thanks for the advice all - I did phone Thomas Cook and found it to be quite interesting. I asked how much the vouchers (currently in the post to me) were worth, and to my amazement they quoted £150 - £50 per passenger. I was very concerned I was being short changed by quite a hefty amount and that these vouchers were being distributed to fob me off, assuming I didnt know what I was doing. I restated I was looking for 1200 euros as per Regulation261\2004, and they put me on hold. TC immediately changed their tack and have taken my bank details for a transfer due to go into my account next Friday - good news, keep going everyone.

If you are offered vouchers you DO NOT have to accept them whatever the value, this is laid down in 261/2004.
The fact they have offered vouchers, it is in effect an admittance that you have the substance of a claim.

supermum4

deadpanjohn wrote: »

Because we dont know what else to do. I've had correspondence with TC for almost a year about our 19 hour flight delay,they finished up by claiming EC and informed me our case is now closed. In the same timeframe I've had correspondence with ABTA and CAA, and recently with CAB. Lots of advice from all quarters but no firm guideline on our case. Take it to court without a firm guideline from someone who actually knows ,dont think so.

you take them to court via mcol or via a company who will take a fee % like most of us on here or if your not prepared to do that then you walk away simple

tigertrumps2

Just heard that TC are going to defend my claim against them for a 32 hour delay from Manchester to Vegas November TCX124 10th last year, had the run around from them, CAA (Clowns) for several months before we issued the file via MCOL. The flight delay was because of a technical issue then followed on by a change in flight plan ( or as i beleive our plane was sent down to Cuba with passengers who had been delayed the day before) Flight Stats come up with details that the flight was "CANCELLED" Any other place to get more info please

maghater

leia74 wrote: »

Received a refusal to pay compensation letter today from Thomas Cook. Flight TCX6038 Newcastle to Bourgas on 28/6/13. They are claiming extraordinary circumstances. I have lodged a complaint with the CAA however a lot of the posts about the CAA on here don't seem to inspire me. I may have to take Thomas Cook to court. That said, how do I find out the exact 'technical problem'. What information am I entitled to know. I have found out through a thread on this forum that our flight was delayed at it's previous destination. It then took off but had to divert to Barcelona due to further technical problems.
I have a sneaking suspicion that we were delayed overnight because Newcastle airport closes overnight. Thomas cook chose to delay us 13 hours instead of getting us another plane from their fleet. A Thomas cook plane sat out on the tarmac overnight but they chose not to use it.
Also where can I find out how often a flight is delayed?

The best sites for flightinfo are www.flightstats.com, and www.flightontime.info only use the second one if you haven't just bought a Thomas Crook flight, or you will probably end up suicidal

maghater

Patrick_Bisset wrote: »

Just heard that TC are going to defend my claim against them for a 32 hour delay from Manchester to Vegas November TCX124 10th last year, had the run around from them, CAA (Clowns) for several months before we issued the file via MCOL. The flight delay was because of a technical issue then followed on by a change in flight plan ( or as i beleive our plane was sent down to Cuba with passengers who had been delayed the day before) Flight Stats come up with details that the flight was "CANCELLED" Any other place to get more info please

How on earth can an airline defend a 32 hour delay, at one of its hub airports? Its got to be impossible hasn't it. They can argue all the ecs they like, they are supposed to do everything possible (short of making an intolerable sacrifice) to avoid the delay. TC has a fleet of over 30 aircraft, there is still overcapacity in the airline industry (especially in November), so it is quite possible for the airline to charter, so go ahead and sue the b#####ds, you have got nothing to loose, unless you get a judge like mine who probably believes fairies deliver babies

tigertrumps2

Many Thanks maghater, fingers crossed just waiting for the court date now.

tigertrumps2

‘Ugly scenes’ at Manchester airport as Thomas Cook flight to Las Vegas delayed 32 hours
12 Nov 2012 12:29
Holidaymakers were delayed for 32 hours when their flight from Manchester to Las Vegas was held up – after American customs refused to let them in. Hundreds of passengers on Thomas Cook flight TCX124 were due to leave at 7.15am on Saturday but didn’t jet off until 3pm yesterday.

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Holidaymakers were delayed for 32 hours when their flight from Manchester to Las Vegas was held up – after American customs refused to let them in.

Hundreds of passengers on Thomas Cook flight TCX124 were due to leave at 7.15am on Saturday but didn’t jet off until 3pm yesterday.

It is understood the A330 plane had suffered a technical fault and engineers had to be called out to check it. The crew missed their landing slot at Las Vegas airport because of the delay – and customs said they would need to wait until they could allocate them a new time.

Some of the 315 angry travellers contacted the M.E.N. to complain that their plans had been ruined – and reported ‘ugly scenes’ in the terminal. Many had grown frustrated that they were unable to take off – and said that their trips, including weddings and dream holidays, had been thrown into chaos.

Keith Charlesworth, who was booked on the flight, said: “We’ve been to and from the airport and the hotel. We’ve been on and off the plane. It’s been organised chaos, a debacle.”

Another passenger, who asked not to be named, said: “We got on the plane at 7.30am but the engine wouldn’t start. An engineer came on board and at 9am it had been fixed. But some passengers wanted to get off the plane so their luggage needed to be located.

“We were then told US immigration wouldn’t let us land as we had missed our landing slot so we were taken to hotels. They said we’d be picked up between 8am and 10am the next day, but we weren’t picked up until 11am.

“I believe a lot of people have cancelled their trips and I’ve heard a lot of stories of weddings, excursions and trips-of-a-lifetime spoiled.

“The customer care skills of Thomas Cook are non-existent and different things have been said to different passengers. They seem to think vouchers for food sort it all, but we all lost 32 hours of our holiday.”

A spokesman for Thomas Cook apologised for the delay – and blamed ‘unavoidable operational circumstances’ for the problems. He added: “We appreciate how frustrating flight delays can be, so we’d like to sincerely apologise for the lengthy wait and thank our holidaymakers for their patience.”

The company was unable to say if passengers would be reimbursed.

tigertrumps2

And Another Finding

Whoever wrote this…where did you get your information from? I was a passenger on that flight so let me correct the blogger:
Tcx124 was due to depart at 7.15am. As this is a flight to usa passengers are required to check in 3 hours before. My family and I arrived at 3.30am to be told at check in “check the screens for more information at 10.30am there is a delay”. No further information at 10.30am. At 11.30am still no info so I went to get a drink and was denied the sale as apparently passengers were being taken to the crowne plaza for lunch. We proceeded to “customer service” to find out more. We received a letter to tell us we’d go for a hot buffet. A little later a pa notice came on to tell passengers to proceed through passport control to go for lunch. The hot buffett was chips, beans, cheese, sandwiches and salad. At approx 5.30pm we went back to customer service to find out more and were given £10 food vouchers per person (no pa announcement). Screen changed just before lunch at crowne plaza to say delayed till 6.45pm. At approx 6.15pm they told us there would be more info at 7.45pm. Then they corrected themselves to say it would depart at 8pm. There were no ugly scenes at all. Just a lot of concerned passengers, especially as airport staff (including staff in boots) were discussing the problems with the plane. In addition the plane due to take us to vegas took another flight to cuba as plane reg go-myt that was due to take them had “engine failure” (google that plane reg to see info). At 8pm passengers proceeded to gate 26. Not enough room for passengers (we amongst many others had to stand on steep stairs). When we got on the plane (row 12) the passengers you are referring to were behind me on row 13. They were fine until captain evans told passengers that there had been a problem with valves and a bolt had to be drilled out. As a family with 55years+ engineering background we knew this wasn’t a problem (if it was true) but passengers had already heard/seen too much. There was no smell of food on board either. The plane pushed back and stood for 10-15mins. Then we were told the left engine wouldn’t start and there was a warning sign on the flight dashboard and we’d have to wait for an engineer. The passengers on row 13 decided to get off as they were unhappy. Before they got off, my dad and I spoke to a steward who knew very little. He also said he’d been on standby all day for the flight but knew the night before there’d be a delay. Other staff said they were rushed in (as did the pilot announce). The passengers left the aircraft just before 9pm. Their luggage had to be located. The flight time was scheduled for 10 hours 45minutes but mccarran airport shuts at 12 midnight. All passengers knew this and knew this flight wasn’t going and that thomas cook tried to play a sequence of false events. They ruined holidays and weddings and did not provide communication at all. They put “young” workers at the desk who were in experienced to answer any questions passengers had. Thomas cook are a joke and I am sure all passengers will pursue compensation and will succeed!