Flight delay and cancellation compensation, Thomas Cook ONLY

Mummykate

My claim via mcol was issued on 5/8/13 so there time ran out on the 24th that landed on sat so have to wait until tomorrow until I can request judgement as they have not filed an admission of defence to my claim yet as this happened to anyone else ???

thin_white_duke

Just had this back from TC regarding my 6.5 hour delay:

I am writing in response to your letter regarding your recent 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.

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,

Cheryl Moran

Customer Relations

What a joke! Have complained to CAA hope they can do something!

111KAB

thin_white_duke wrote: »

What a joke! Have complained to CAA hope they can do something!

Unfortunately CAA are a joke as well so Court only route to compensation I'm afraid.

thin_white_duke

ok just read other threads and seen this letter a lot! What is an NBA please?

Gilly1976

I have just received the standard response for the TCX3452 Glasgow-Burgas 27 hour delay on 2/8/13 claiming a Technical delay due to extraordinary circumstances.

I'm pretty sure our plane was given to the delayed Tenerife flight that day (TCX3364) as it had been delayed for 11 1/2 hours and flew just before our flight was scheduled to leave!

I have referred this onto the CAA after speaking to the Thomas Cook 'Helpdesk' (they are a joke) and someone from the Directors office. It's clearly a stalling tactic in the hope that people give up.

I'd be interested to hear if anyone else has claimed on either flight and if they get any further.

The technical fault I have been given is the right under carriage air ground centre and connector was corroded. Doesn't sound extraordinary to me!

111KAB

thin_white_duke wrote: »

What is an NBA please?

Letter to airline giving them 21/14 days Notice Before Action.

111KAB

Gilly1976 wrote: »

I have referred this onto the CAA after speaking to the Thomas Cook 'Helpdesk' (they are a joke) and someone from the Directors office. It's clearly a stalling tactic in the hope that people give up.

It is NOT a stalling tactic - it is a total waste of time and TC's way of winding you up even more! Just forget the CAA and either forget your claim and walk away or front Court claim yourself or appoint a NWNF firm.

sian_C

I contacted Thomas cook regarding my flight to Zante being delayed by 3.5 hours flying from Bristol to zante on 27th June 2013. I wrote to them within 28 days of returning as this was suggested in another post I saw on here.

This is my letter:

Re: Compensation claim for delayed flight
Booking reference: K106443G

I am writing regarding flight [insert flight number] on 27 June 2013 from Bristol to Zakinthos with the scheduled departure time of 05.15. This flight did not leave until after 09.45, which was over 3.5 hours delay. This meant that by the time we arrived into our resort we had lost the afternoon, which was meant to be a time to relax from the long journey. My wife was suffering with quite severe stress and anxiety, and this delay did not help her situation.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
The passengers in the party were I, Mr xxxxxx and my wife, Mrs xxxxx.
My scheduled flight length was 2380 kilometers; therefore I am seeking €400 per delayed passenger in my party. The total is €800 for all passengers.
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
I asked forI am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

I had this reply today:
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 into the delay to your flight, a payment of compensation is applicable in line with Regulation 261/2004. I have taken the liberty of enclosing a discount voucher to the value of £700.00, which equates to a payment of £350.00 per person. This voucher can be used against the cost of a future holiday with us, full terms and conditions of which are on the reverse.

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.

I a more than happy with the outcome...we have already booked next years holiday so it will pay the balance!

Gilly1976

111KAB wrote: »

It is NOT a stalling tactic - it is a total waste of time and TC's way of winding you up even more! Just forget the CAA and either forget your claim and walk away or front Court claim yourself or appoint a NWNF firm.

Thanks for your response.

I don't plan on backing down with this and will ultimately take this to court if need be but as some Technical issues appear to been deemed extraordinary then would it not be best to have the CAA to confirm this first to make your case stronger?

I understand that all planes have a code and this should then be allocated to a flight so again the CAA should be able to confirm that the plane I was due to go on was given to another destination.

I am aware that the CAA can't force payment but I am hoping that a judge would rule favourably on a case with their backing.

grazzzz

Gilly1976 wrote: »

Thanks for your response.

I don't plan on backing down with this and will ultimately take this to court if need be but as some Technical issues appear to been deemed extraordinary then would it not be best to have the CAA to confirm this first to make your case stronger?

I understand that all planes have a code and this should then be allocated to a flight so again the CAA should be able to confirm that the plane I was due to go on was given to another destination.

I am aware that the CAA can't force payment but I am hoping that a judge would rule favourably on a case with their backing.

Caa are a waste of time I wrote to them last Nov they have replied in July saying they have so many cases they will contact me in due course I'm in court in Oct and my evidence needed to be this week . Other people on here have also said they are a waste of time and are on Caa appear to be on the airlines side