Flight delay and cancellation compensation, Thomas Cook ONLY

mick9721

Re perkipsie 164/3263

I had a similar run around with the graham and anor case. I think the dj sawthrough it and directed them to send a full transcript of the appeal to me and the court. This clearly shows this case relates to a claim for damages which is completely different to a claim for compensation This rules out the civil bit. There is no legal requirement to use the CAA I certainly didn't

You might read my posts as follows 55/1088 132/263
146/2918 161/3204

Like yourself I started the claim in Jan 2011 for a flight
in dec 2010 I persevered and eventually they caved in
and paid in full plus interest
Keep at it !!!!!

hopeitflys

Flight TOM 4243 Thursday 13th March 2008 Manchester to Jamaica. For anyone on this Thomson flight the plane was subcontracted to Thomas Cook and after many letters/emails and phone calls Thomas Cook have accepted liability and have paid in full for the 6 hour delay for three passengers. Hope this helps anyone else on this flight.

Pineapple1989

Hello,

I wondered if anyone could help me at all.
In July 2013, I was due to take a return flight from Turkey to London Gatwick with Thomas Cook. However, when we arrived at the airport to catch our flight, we were told our flight was delayed 6 hours and 50 minutes.
Communication was poor as I am sure most people who are delayed experience and the service provided for it's customers was really bad compared to other delayed flights where the airline issued them with various food and drinks vouchers.

I have complained directly to Thomas Cook who told us as it was a mechanical fault this is not something that they could allow paying out compensation for, however, this is not exactly the case.
We were told on the ground and by the air hostesses that the plane was due to depart from London Gatwick in the morning around 10am. Upon push back, a ground vehicle at London Gatwick scrapped along side the plane meaning that the plane was completely marked as being unable to fly. All the passengers aboard the plane were taken off and a new plane was flown in from Manchester to replace the now damaged aircraft.

Firstly, this is not classed as a mechanical failure, secondly Thomas Cook would surely be approaching Gatwick to claim compensation for their own loss as a company and thirdly the incident happened at 10am UK time, so surely passengers within Turkey could have been informed before leaving their hotels to arrive at 2pm for a flight which was due to depart at 4.30pm Turkish time (Turkey being 2 hours ahead).

My question is (sorry finally here!), as Thomas Cook have denied this is their issue, I would like to take this further but as the aircraft was not late in delaying from a UK airport I am required to contain the regulator in the departing country. Does anybody have the details for Turkey as they don't appear to be on the list of countries that the CAA has issued in the link below:

http://ec.europa.eu/transport/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

Thank You!

JPears

Pineapple1989 wrote: »

Hello,

I wondered if anyone could help me at all.
In July 2013, I was due to take a return flight from Turkey to London Gatwick with Thomas Cook. However, when we arrived at the airport to catch our flight, we were told our flight was delayed 6 hours and 50 minutes.
Communication was poor as I am sure most people who are delayed experience and the service provided for it's customers was really bad compared to other delayed flights where the airline issued them with various food and drinks vouchers.

I have complained directly to Thomas Cook who told us as it was a mechanical fault this is not something that they could allow paying out compensation for, however, this is not exactly the case.
We were told on the ground and by the air hostesses that the plane was due to depart from London Gatwick in the morning around 10am. Upon push back, a ground vehicle at London Gatwick scrapped along side the plane meaning that the plane was completely marked as being unable to fly. All the passengers aboard the plane were taken off and a new plane was flown in from Manchester to replace the now damaged aircraft.

Firstly, this is not classed as a mechanical failure, secondly Thomas Cook would surely be approaching Gatwick to claim compensation for their own loss as a company and thirdly the incident happened at 10am UK time, so surely passengers within Turkey could have been informed before leaving their hotels to arrive at 2pm for a flight which was due to depart at 4.30pm Turkish time (Turkey being 2 hours ahead).

My question is (sorry finally here!), as Thomas Cook have denied this is their issue, I would like to take this further but as the aircraft was not late in delaying from a UK airport I am required to contain the regulator in the departing country. Does anybody have the details for Turkey as they don't appear to be on the list of countries that the CAA has issued in the link below:

http://ec.europa.eu/transport/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf

Thank You!

Forget the Turkish CAA equivalent. It will get you nowhere and waste months.
Use a template letter to claim for delayed flight, including the NBA section. Await the denial/refusal and issue small claims proceedings, its the only way to go. Third party damage to an aircraft from negligence is NOT an EC.

pretzelnut

Hi,

I write to Thomas cook on the 7th August via email, I attached a copy of my letter.

They responded on the 13th stating they were creating a case and starting an investigation.

Does the 14 days go from the day i sent the letter or the day i recieved their response.

What is my next step if i don't receive a reply with 14 days?

Pineapple1989

JPears wrote: »

Forget the Turkish CAA equivalent. It will get you nowhere and waste months.
Use a template letter to claim for delayed flight, including the NBA section. Await the denial/refusal and issue small claims proceedings, its the only way to go. Third party damage to an aircraft from negligence is NOT an EC.

I have already written to Thomas Cook and they are denying compensation. Who are you recommending to try?

Also you mention that Third party damage to an aircraft from negligence is NOT an EC - what does EC stand for? Sorry if this is a simple abbreviation!

Thanks

111KAB

Pineapple1989 wrote: »

I have already written to Thomas Cook and they are denying compensation. Who are you recommending to try?

Also you mention that Third party damage to an aircraft from negligence is NOT an EC - what does EC stand for? Sorry if this is a simple abbreviation!

Read page one FAQ's. Not recommending to try anyone > just issue court claim after NBA. EC = extraordinary circumstances.

dblue75

I was delayed in Cancun in 2010 for a day and a bit...3 of us...have found our flight details and return flight on flight stats and our flight arrived one day late and missed our flight home from LGW to GLA also having to pay again for flights.....These were booked separately though and I received no compensation via my insurer as supposedly wasn't covered.

It was both TCX87 outbound 31/01/10 and TCX87 again....inbound due to leave 14/02/10..Departed 15/02/10....would Thomas Cook still hold my booking ref ? or am I wasting my time ???

Any guidance greatly appreciated.

Johnny_N

dxc_chappie wrote: »

You can refer to Wallentin in your NBA, but I'd leave out the new neb guidance as it has no basis in law.

Thanks for the reply Chappie. Does anyone think that the neb guidance will be of use at any stage in the process then?

Vauban

Johnny,

If you think that the guidelines are helpful to you, by all means make reference to them. But are you sure? The guidelines rule IN most technical problems as extraordinary - despite what European law says.

What exactly were the circumstances of your delay?