Flight delay and cancellation compensation, Thomas Cook ONLY

laineybabes

I have had a claim in to TC since 9 November 2012 and have received the the standard reply about reading brochures etc before travelling and also that my claim is not valid as the delay was an extraordinary circumstance.

My flight was delayed 4 hours and 5 minutes due to a tannoy not working within the aircraft and an engineer could not be found. However when I checked the official time of the delay online it was in at 3hours 59 minutes, surprise.

I have not received a positive end to this so far BUT I AM NOT GIVING UP. I have asked for further superior contacts but so far this information has not been forthcoming. I now see from the forum that my claim probably comes under a technical fault which is NOT EXTRAORDINARY.

I will keep at them, but if anyone was onthis same flight and have made a claim, how did you get on ? I would love to hear from you.

badbobby

TUNISIA_MAN_1 wrote: »

:j HELLO PEOPLE. ME AND MY PARTNER HAVE HAD TWO DELAYS LAST YEAR WITH THOMAS COOK {WITHIN SIX MONTHS OF EACH OTHER} ONE 10HRS AND ONE 13HRS. BOTH CAUSED BY TECH PROBLEMS WITH THERE PLANES. {TECH PROBLEMS ARE NOT CLASSED AS EXTRAORDINARY CIRCUMSTANCES, IF YOU GO TO COURT, THE AIRLINE CANNOT SIMPLY SAY YOU HAVE NO CASE AS IT WAS EXTRAORDINARY CIRCUMSTANCES THAT CAUSED THE DELAY. THEY MUST SHOW IN COURT THE EXACT CIRCUMSTANCES LEADING UP TO THE DELAY SHOWING EXACTLY HOW IT HAPPENED, AND PROVING THAT IT WAS NOT AVOIDABLE. WE ALL KNOW IF A CAR IS SERVICED AND LOOKED AFTER IT WILL NOT IN ALL PROBABILITY BRAKE DOWN. A PLANE IS NO DIFFERENT, THE AIRLINE HAS A DUTY OF CARE TO MAKE SURE THE PLANE IS AIRWORTHY. WE HAVE FILED COUNTY COURT PAPERS AGAINST THOMAS COOK JUST OVER A WEEK AGO. WE ARE CLAIMING 800 EURO EACH FOR THE 2 DELAYS PLUS £80 COURT FEE. I PHONED THE COURT YESTERDAY AND ASKED HOW THINGS ARE GOING I WAS TOLD PAPERS SHOULD BE SERVED ON THEM BY FRIDAY. THEY THEN HAVE 14 DAYS TO RESPOND. I ASKED IF THERE WERE MANY OTHER CLAIMS IN THE SYSTEM AGAINST THEM, AND WAS TOLD THREE PAGES FULL ON HIS COMPUTER. THIS IS THE BEST ROUTE TO TAKE. TEMPLATE LETTERS BEING SENT TO THOMAS COOK IS ONE THING, BUT YOU JUST BECOME A NUMBER IN A VERY TALL PILE. WE ARE WARMED BY THE FACT THAT A JUDGE RULED IN FAVOUR OF A COUPLE IN STOKE ON TRENT LAST WEEK AND DISMISSED THOMAS COOKS EXTRAORDINARY CIRCUMSTANCES DEFENCE. THEY GOT OVER £600 IN COMPENSATION PLUS INTEREST AND COSTS.[THIS CASE WAS VERY IMPORTANT AS IT IS NOW CASE LAW] FOR ALL SIMILAR CASES} WE BOTH WAIT WITH BATED BREATH TO SEE HOW ARE CASE GOES ? BUT IF THEY CONTEST OUR CLAIM I CANNOT WAIT TO HAVE MY DAY IN COURT. GOOD LUCK TO EVERYONE.

1. No shouting please.

2. County courts do not create "case law", although hopefully other district judges will note this case.

Mrsm12_2

Myself and husband booked our to go to Cancun for our honeymoon in August 2012 and told on check in there was a delay due to technical issue no further information given which resulted in us being delayed 10 hours at Manchester Airport. Just received what I think Is a standard letter from Thomas cook saying they have investigated and we aren't not entitled to compensation, they didn't even get our names correct in the response or the destination we travelled too. Next step I think is the Caa do we have to inform Thomas Cook of our intentions?

Thank you

Mrsm12_2

Thank you centipede100 I am far from giving up on this as we paid a lot of money for our honeymoon and their communication with delayed passengers is appalling.

cheristar

I had a 23 hr delay, going to Disney World Florida, from Glasgow in August 2012. I have received nothing in compensation,

I started procceedings against this company with the CAA whilst in America,August 2012 its now February 2013 and Thomas Cook refuses to accept blame.

It is not easy to get compensation from an Airline, ive been getting updates every three weeks from the CAA.

7 months on and it looks like im getting nothing, but im not giving up, Thomas Cook or Thomas Crook as I know call them, make the CAA wait for a reply.

we did eventually get out the airport ( we had checked in and could not get back out ) and was put up in a hotel and were able to commence out holiday the next day.

oh and they gave us five pounds for lunch, try getting a lunch for 5 pounds in a uk airport!!!

Im not holding my breath. The crew knew the flight was not going ahead, yet we were checked in.:(

katie_j_2

Hi all. Apologies firstly, I can't see where to write a post without the 'reply' button. I'm a little confused - I was under the impression that you definitely needed to have boarding cards/ an e ticket/ email confirmation of your flight or holiday before claiming? We didn't keep any of this as we could only claim on our travel insurance over 12 hours and as our flight came in just under this, we didn't see the need to keep it. (Our holiday was in 2009 so a while ago but it stands out as I was six months pregnant and we were delayed by 11.5 hours from Spain and my ankles really swelled up in the heat!) I do however have it on my bank statment as we paid at the travel agents a few days before departure - is this enough or not? If it is, do I mention in the letter that the holiday rep said the plane had been delayed because of a technical fault when leaving Gatwick or leave it for them to tell me? Hope someone can help. Thank you

eddiemacthedog

Got this reply from thomas cook today regarding a delay in 2007:
what shoudl be my next move as im unsure what to do next.

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.



It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.


When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.


Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. Your delay was due to the cargo bay roof panel being damaged by a cargo container which was forced upwards when the local loader unit malfunctioned. This type of incident is a one-off and extraordinary event. As the events were defined as “extraordinary” no payment of compensation is considered appropriate 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,

sophies_mummy

eddiemacthedog wrote: »

Got this reply from thomas cook today regarding a delay in 2007:
what shoudl be my next move as im unsure what to do next.

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.



It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.


Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. Your delay was due to the cargo bay roof panel being damaged by a cargo container which was forced upwards when the local loader unit malfunctioned. This type of incident is a one-off and extraordinary event. As the events were defined as “extraordinary” no payment of compensation is considered appropriate 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,

Keep at it!! I also received this exact reply from them but i persisted and got a cheque for £1051.00 this week! what was the reason for your delay?

eddiemacthedog

thanks, but what should be my next move?

sophies_mummy

tillie101 wrote: »

Hi,
I was wondering whether you could offer some advice please. I was delayed for 13 hours on a 2 hour flight to spain. I have complained to thomas cook several times over the last 6 months. After 6 months they finally offered me £630 worth of vouchers which i'm not happy with as they have an expiry date on of 12.12.13. we have already booked our 2013 summer holiday so vouchers are no use to us.

Also I would not fly with thomas cook again due to lengthy delays on both depart and return journeys.

I want to take this further as I want cash compensation. What is the best way to go about this. Is it worth taking it further than the airline? any help would be appreciated,
Thanks
x

If you havent done already contact them and tell them you never agreed to holiday vouchers and would like the money in cheque form. I did and got a cheque a week later