Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

Oliver_Klozoff wrote: »

Unless your judge isn't up on that fact that are proposed guidelines and not law as some posters has found...be sure to point that out!

Make sure you have a copy of the original. It states quite clearly that they are:
i) Proposals, (awaiting amendments from some NEBs)
ii) Not binding
iii) Not law.
If judge insists on taking them into account then thrust a copy of the proposals by the EC on amendments to Reh 261/2004 - Annexe1 which clearly contradicts the NEB proposals.
As an aside Reg261/2004 does allow the defendant to claim damages from a third party for something like damage.

gailscotland_2

My son and 3 friends were delayed on return flight from Heraklion Crete on Tuesday 3/9/13. initially they were told flight was 3hrs delay then this was updated to 8 hrs. They were offered the chance of flying to Manchester airport instead with a coach to Glasgow (still meaning a substantial delay). My son and his friend decided to take the offer as my son had injured his ankle and was in great deal of pain. The other 2 decided to wait for the Glasgow flight. However, when my son and friend tried to check in on the Manchester flight, they were told they were not booked onto it! They returned to the Glasgow check in to be told their names had been removed from the flight! Eventually after much debate, they were offered a flight to Birmingham and connecting flight to Glasgow (arriving home about 21 hrs later than they should have).
Obviously the two friends who boarded the Glasgow flight will be entitled to the delayed flight compensation as they were well over 8hrs delayed. What can my son and his friend claim? Are they at least entitled to same as two who boarded Glasgow flight? and are they likely to receive further compensation for the further delay and obvious distress (and pain) caused by Thomas Cook mix up regarding the Manchester flight? Appears rep had taken their names off the Glasgow flight but forgot to book them on the Manchester one?
Any advice would be great.
Delay on Glasgow flight was "technical problem".

x-spendthrift

Oliver_Klozoff wrote: »

So to be clear, you want to go after Thomas Cook Airlines Ltd.

Which address...well I was told by their switchboard that their Goodwin street address in Bradford is open again, it was closed a few months ago. I had written to a different address altogether as I wanted a sign for delivery option bc I am anal retentive. Proof of post is fine and free if you prefer. The problem with the address I used is that it's in Scotland and so it's not acceptable for MCOL.

At this point just bung your particulars into a template and send to their customer service address. Email is okay but if it gets to the NBA stage you will need to post it. The general procedure for legal documents to send them to their registered address so that's where you'd send an NBA, even though loads of people say Thomas Cook files a change of address once they get served.

Thanks for this information... Greatly appreciated

catoutthebag

so, they have just posted a letter to my old address which I picked up (DESPITE ME TELLING THEM HALF A DOZEN TIMES THAT I'D MOVED AND THEM APPARENTLY HAVING AMENDED IT ON THEIR SYSTEM - STUPID MONKEYS), that having looked into my case further (they said my delay was as a result of using my flight to pick up stranded passengers on another flight (rescue flight) - clearly NOT e/x), they now say the root cause was a SECURITY PROBLEM with an inbound flight and this had to be resolved as a result of department for transport guidelines - no explicit other information provided.

is this still EC?

was about to send my n1 form off next week, and wondered if a spanner in the works was now the case?

JPears

catoutthebag wrote: »

so, they have just posted a letter to my old address which I picked up (DESPITE ME TELLING THEM HALF A DOZEN TIMES THAT I'D MOVED AND THEM APPARENTLY HAVING AMENDED IT ON THEIR SYSTEM - STUPID MONKEYS), that having looked into my case further (they said my delay was as a result of using my flight to pick up stranded passengers on another flight (rescue flight) - clearly NOT e/x), they now say the root cause was a SECURITY PROBLEM with an inbound flight and this had to be resolved as a result of department for transport guidelines - no explicit other information provided.

is this still EC?


was about to send my n1 form off next week, and wondered if a spanner in the works was now the case?

I think another letter, with a strict time frame for reply is in order, requiring far more detailed information on the alleged cause of delay, pointing out that it is different to the one you be believe to be correct. Also point out CPR protocol on pre court protocol requiring them to provide information in order that you can make an informed decision if to procede with legal action or not.

catoutthebag

Thanks for that - will write another letter asking for more detailed information. I seem to remember on the flight, an announcement about 'unattended baggage' or a baggage had not been accounted for - if this is the reply I get back, do I have any grounds for payment despite the rescue flight causing greater delay?

catoutthebag

looking at the letter again, they say the cause was a late inbound flight and this was late due to a problem with security...

maghater

gailscotland wrote: »

My son and 3 friends were delayed on return flight from Heraklion Crete on Tuesday 3/9/13. initially they were told flight was 3hrs delay then this was updated to 8 hrs. They were offered the chance of flying to Manchester airport instead with a coach to Glasgow (still meaning a substantial delay). My son and his friend decided to take the offer as my son had injured his ankle and was in great deal of pain. The other 2 decided to wait for the Glasgow flight. However, when my son and friend tried to check in on the Manchester flight, they were told they were not booked onto it! They returned to the Glasgow check in to be told their names had been removed from the flight! Eventually after much debate, they were offered a flight to Birmingham and connecting flight to Glasgow (arriving home about 21 hrs later than they should have).
Obviously the two friends who boarded the Glasgow flight will be entitled to the delayed flight compensation as they were well over 8hrs delayed. What can my son and his friend claim? Are they at least entitled to same as two who boarded Glasgow flight? and are they likely to receive further compensation for the further delay and obvious distress (and pain) caused by Thomas Cook mix up regarding the Manchester flight? Appears rep had taken their names off the Glasgow flight but forgot to book them on the Manchester one?
Any advice would be great.
Delay on Glasgow flight was "technical problem".

I would start off by writing and claiming the compensation under "denied boarding", if TC dispute your sons version of events he would still have the option to claim under flight delay to his original flight

maghater

catoutthebag wrote: »

looking at the letter again, they say the cause was a late inbound flight and this was late due to a problem with security...

They certainly should provide you with more information, I don't know how long you were delayed, but have a look at the Eglitis & Ratniekes case,(near the bottom of the FAQs at start of thread)

catoutthebag

maghater wrote: »

They certainly should provide you with more information, I don't know how long you were delayed, but have a look at the Eglitis & Ratniekes case,(near the bottom of the FAQs at start of thread)

over 4 hours and thanks will do