Flight delay and cancellation compensation, Thomas Cook ONLY

marco44

Camerop wrote: »

Hello folks, back again, I successfully claimed back money last year for being delayed with tc 3 yr ago to Cyprus, but I had a nitemare this year with TC again going to Mexico.

We were delayed 4n half hours going out, then no flight entertainment for 10 hours which was a nitemare with my son who was 6 yrs old. Then to top it off we got delayed for 30 hours on the way back!!!!!!!!! :mad:

I wrote my claim in as soon as I came back, and have finally this response by e-mail.


Dear Ms Cameron

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

In regards to flights TCX162 on 27/6/13 & TCX163 on 11/7/13.

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.

Kind regards.


I called today and asked what was this causes of these delays, they couldn't tell me any specific details to why the planes were delayed!

Just need advice had anyone else had this response?.. Is my next step the CAA?????

Would appreciate any help.

Thanks paula

I was on the same TC flights and have received the same standard letter refusing me compensation.
I then emailed them back telling them I was not happy with there reply I gave them 14 days to respond to my email.
That time passed without a reply off TC.
I have been in touch with my house insurance to ask if they will take on my claim against TC free of charge. They said they wiil check my Insurance details to see If it covers this. they are getting back to me in 3 or 4 days hopefully they will take it on.
If not I will try my Trade Union Solicitors.

Horace_Goes_Skiing

As ever the predicted outcome by those in know on the forum has proven to be correct.

The last episode closed with my having been knocked back by TC as regards an overnight delay from Zakynthos to Glasgow earlier in the year.

I had pursued matters with the Greek version of the CAA who had asked TC to compensate or provide an explanation as to what the extraordinary circumstances were.

TC had opened a new case and we waited with bated breath...

...for a second rejection, exactly as the wise old owls had forecast.:)

I found this one particularly amusing as not only had they put the completely wrong booking code but the wrong template for my email. After their "full investigation" they have concluded that an 18 hour delay doesn't meet the qualifying period.

I can't quite make up my mind whether, given this is the second time in correspondence they've quoted the wrong booking number and previously sent a response to completely the wrong postal address, they are just utterly incompetent or are deliberately being awkward.

Either way I have now approached a NWNF company to help push things on a touch so we'll see where we go from there.

Fingers crossed the next episode has a happy ending!

newyorknewyork33

Thanks to all the people giving advice on claiming compensation as I wouldn't have known what to do without this site.

On 12th July I emailed to Thomas Cook the template letter about flight TCX107 from Newcastle to Tenerife (TFS) which was delayed by 4hrs 54mins on 23 July 2010.

They acknowledged the letter with a standard reply as expected stating that they would open an investigation into the claim.

After 14 days I had no response so I sent another email to progress chase the claim. They replied to say as it was a few years ago it may take a bit longer for the investigations to complete.

On 16 August I received another letter by email saying that they would be paying the compensation in line with Regulation 261/2004 and attached a voucher for £1051. Like most I wanted cash and not a holiday voucher so I replied by email asking for a cheque or bank transfer and the replied the same day asking for my contact number so they could call me for my bank details to arrange for a BACS transfer. I replied they called and my money is in my account!

For me it was an easy and pleasant transaction with great success, once again thanks to all who helped me by setting up these threads.

Johnny_N

Vauban wrote: »

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?

Four and a half hour delay on Glasgow to Sanford flight on 6th July this year. We arrived at the airport before 9am and TC reps there knew already there was a problem but all they could tell us was that more info would only be announced at 12pm. The announcement was the flight was now scheduled for 4:20pm. Handed a letter that day that supposedly advised us of our rights under Reg 261/2004 however there was no mention anywhere of compensation, only refreshment vouchers, etc.

Regarding the NEB guidelines, from what I can see the only literal references to "Technical Issues" are in categories 31 and 32 - both of which are listed as "circumstances which are NOT extraordinary".
So unless TC are claiming the delay was due to "Manufacturing Defects" or "Unexpected flight safety shortcomings", I don't see how NEB helps them and not us.

dblue75

Emailed TC yesterday with the letter template also adding that as it was 3 years ago I do not have my booking reference.

Shock horror they have emailed me back with the booking ref and a case ref number stating my complaint has been forwarded to flights complaint team. Now starts the most likely standard response letter etc..... lol

pretzelnut

I just got this reply from Thomas cook, I provided them with the Flight date and time, and all passenger details.

Dear XXXXXXXXX

I am writing in response to your letter regarding your 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

I note your request for a payment under Regulation 261/2004 due to the delayed departure of your flight. With the limited information you have supplied we have been unable to trace your booking, despite searches on our reservations system. In order for us to continue with the claim we would ask you to supply one of the following documents, which will confirm that you travelled on the flight in question.

1.Your confirmation invoice (from your tour operator or your travel agent)

2.Your ticket

3.Your boarding card

Unfortunately, without the above documentation, or any other evidence that you may have that confirms you travelled on the flight, I will be unable to proceed with your claim. I look forward to hearing from you shortly and hope we can assist you further with this matter.

Kind Regards,

Stephanie Whiteside

Customer Relations

Don't just book it. Thomas Cook it.


I have NONE of the requested documentation, so what do it do now?

sging1

Ed_C. wrote: »

I actually think our plane was ok but they let you guys take our plane but i cant prove this.

I have come across information that strongly suggest we were given someone else’s plane after our 25 hour delay and that plane load of passengers were then delayed 51 hours in Barbados.
They probably thought they could delay them a few hours and fix the plane but they did not, it seems our plane was still on the runway three days later and these people contacted the British Embassy to help get them home.
So point is they do use this practice of delaying two lots of passengers instead of just leaving the first lot in the hotels they are already in. There must be some sort of con into them working this way……
:mad:

dblue75

pretzelnut wrote: »

I just got this reply from Thomas cook, I provided them with the Flight date and time, and all passenger details.

Dear XXXXXXXXX

I am writing in response to your letter regarding your 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

I note your request for a payment under Regulation 261/2004 due to the delayed departure of your flight. With the limited information you have supplied we have been unable to trace your booking, despite searches on our reservations system. In order for us to continue with the claim we would ask you to supply one of the following documents, which will confirm that you travelled on the flight in question.

1.Your confirmation invoice (from your tour operator or your travel agent)

2.Your ticket

3.Your boarding card

Unfortunately, without the above documentation, or any other evidence that you may have that confirms you travelled on the flight, I will be unable to proceed with your claim. I look forward to hearing from you shortly and hope we can assist you further with this matter.

Kind Regards,

Stephanie Whiteside

Customer Relations

Don't just book it. Thomas Cook it.


I have NONE of the requested documentation, so what do it do now?

I also have none of the above due to the flight being 3 years ago. I emailed them and they responded with my booking reference today (within 24 hours) I am awaiting the standard letter you have received though. They must keep records of who was on their flights etc....at the very worst...I am sure a Freedom of Information request would get the details requested ?

sging1

mick9721 wrote: »

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 !!!!!

What I sent to TC.

With respect to your argument, based on the decision in Graham & Anor v Thomas Cook [2012] ECWA Civ 1355, I would like to draw your attention to the decision of the Court of Justice of the EU of 31 January 2013 in case C-12/11, McDonagh v Ryanair, in which the CJEU rejected the argument that the possibility of enforcement of the Regulation by national enforcement bodies such as the CAA affected in any way the possibility of private enforcement at the behest of individuals (see, in particular, paragraph 22 of the judgment). It is thus patent that, in the light of McDonagh v Ryanair, Graham & Anor v Thomas Cook can simply no longer be regarded as applicable law.

pretzelnut

dblue75 wrote: »

I also have none of the above due to the flight being 3 years ago. I emailed them and they responded with my booking reference today (within 24 hours) I am awaiting the standard letter you have received though. They must keep records of who was on their flights etc....at the very worst...I am sure a Freedom of Information request would get the details requested ?

This is what i don't understand, i provided them with all our names and DOB's, the flight numbers both ways.

I don't know why they cant find us.

Do you think if i called them they would be able to help?

How do I get the information via freedom of information, is that the same as a subject access request?