Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

andyfer wrote: »

I have posted previously about our return flight from Tenerife to Glasgow in 2011 where we were transferred to a Monarch flight to Manchester then bussed to Glasgow resulting in an 8hr overall delay.
I lodged a claim with the small claims court recently and have just received an indication from a solicitor working for Thomas Cook that they intend to defend the claim in court.
My wife is understandably a bit nervous about this as she hasn't had any experience of anything like this before.
Has anyone any advice about what they are likely to use as a defence and how to mitigate this?
I appreciate all cases are different but it would be great to hear from someone who has been through the process recently and was successful.

Have a good read of the Court Success thread and the Taking the Airline to Court thread. Some good advice and anecdotes there.

x-spendthrift

Vauban wrote: »

No you can't (though I agree it's a bit confusing). The provision for a refund only kicks in if you choose not to take the flight.

Thanks for the clarification. I will claim back the 400 euros and loss of wages. We did buy food/drinks etc but I no longer have the receipts for that :-(

Mark2spark

You won't get loss of wages spendthrift. Food and drink in keeping with 22 hours in an airport, if receipted, will be about all. (+ EU261 as well obviously)

dblue75

Well...after receiving the bog standard reply from TC....I mulled over just leaving it ??? And thought...why should I....was a day late back, missed connecting flights from Gatwick to Glasgow and had to fork out to buy new ones(weren't booked together with holiday) insurance co. didn't want to know...was late back for work.

I have opted to go down the NWNF route..So I shall update you all on my failure/success ...either way. Fed up with big companies quite happy to take your cash, but when something goes wrong....don't want to know.

pete146

Hi All

My correspondence with TC is all posted earlier in this post. In summary, I was delayed at Manchester to fly to Cube - we arrived 6.5 hours late.

TC have claimed extraordinary circumstances through all of our communications.

The CAA have finally responded to my complaint with the following:
Dear Passenger,

We are writing to update you on your claim for compensation for a disrupted flight. It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law.

As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’. The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work have been published on the European Commission website recently.

We have asked all airlines to reconsider against this new guidance whether compensation should be payable or not in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment and they will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’.

We are unable to enter into further correspondence on this issue at this stage as your complaint is now with the airline for reassessment.

Yours faithfully,


TC then told me they still believe the case was due to extraordinary circumstances. So this morning I raised a case with MCOL and paid them.

Then I have just received the below from TC:

Having looked at the information that the CAA sent to you it appears that the CAA confirm that this flight might or might not be subjected to compensation depending on whether or not the airline can claim extraordinary circumstances.

As requested the information relating to your delay is as follows;

Flight was originally on OYVKF however this was AOG in MA with an EPR Air Probe fault. G-MDBD then ferried in from LGW to operate the flight. This is a reactionary event. It is also in my opinion defendable as there were no previous defects for EPR on the number 2 engine the month prior to this event.

I can confirm that the above information is provided by the engineers and no further information will be given.

As previously advised no compensation will be given for the delay.


From what TC are saying, are they correct? Should I be cancelling my MCOL claim while I can still get some money back? Or should I hold my nerve and TC are wrong here?

Thanks for the help

rose.wyn

Hilz22 wrote: »

Hi
Looking for help, this may already have been posted but I can't find any information.
We have been told by Thomas cook that we are entitled to compensation with the eu ruling. They sent us a voucher which we refused so they said said they would do a bank transfer in 10 working days. Anyway 10 days later and guess what? No payment so I called them today they apologised and said it would be another 10 days:(
I was wondering if anyone else had experienced this.
Thanks for taking your time to read. X

Hillz22 - could you let me know what number you telephoned please. I'm not having any luck with the ones I've got. Many thanks. Rose.wyn

Oliver_Klozoff_2

pete146 wrote: »

Hi All

.......

From what TC are saying, are they correct? Should I be cancelling my MCOL claim while I can still get some money back? Or should I hold my nerve and TC are wrong here?

Thanks for the help

Do you really trust TC? Have you read through this thread?

Here's a hint: they say the same thing to everyone to fob them off.

You've already paid your MCOL fee so nothing to lose by pursuing it forward. If you walk away you lose your fee.

labpig

Hi

I booked a TC flight, but was put on a travel service flight (some sub-contractor I had never heard of)

Our return flight was delayed by 7 1/2 hrs, so I claimed under 261/2004

After waiting a month, TC replied saying they werent responsible, it was travel service
So i emailed Travel service, who shot back a reply the very next day, saying i had no proof i was ever on the affected flight!!!
I sent them scans of our boarding cards and never heard from them again

I complained to the CAA, who then said it had to be the spanish CAA as the delay occurred in their territory. So i complained to the spanish CAA that travel service had ignored all my emails for the last month

A week after contacting the Spanish CAA, travel service miraculously contacted me

this is where i need your input people

they said it was due to a tec reason and so i wasnt due compensation. BUT they offered me 150EUR per person compensation, as it was "their moral duty"

under 261/2004 i should get 400EUR per person

My Question....

should i cut my loses and just take the 150, or pursue the 400

it has taken me 2 1/2 months just to get this far, and i dont know if they wll change their mind if i reject the 150

also, if it turns out they wont pay 400, can i go back and accept the 150?


soz for such a loooooooooong post

thanks for your input

111KAB

Labpig - up to you but I would go for the 400 but if you can't be bothered why not appoint a no win no fee and get around 280.

chili2001

labpig wrote: »

Hi

I booked a TC flight, but was put on a travel service flight (some sub-contractor I had never heard of)

Our return flight was delayed by 7 1/2 hrs, so I claimed under 261/2004

After waiting a month, TC replied saying they werent responsible, it was travel service
So i emailed Travel service, who shot back a reply the very next day, saying i had no proof i was ever on the affected flight!!!
I sent them scans of our boarding cards and never heard from them again

I complained to the CAA, who then said it had to be the spanish CAA as the delay occurred in their territory. So i complained to the spanish CAA that travel service had ignored all my emails for the last month

A week after contacting the Spanish CAA, travel service miraculously contacted me

this is where i need your input people

they said it was due to a tec reason and so i wasnt due compensation. BUT they offered me 150EUR per person compensation, as it was "their moral duty"

under 261/2004 i should get 400EUR per person

My Question....

should i cut my loses and just take the 150, or pursue the 400

it has taken me 2 1/2 months just to get this far, and i dont know if they wll change their mind if i reject the 150

also, if it turns out they wont pay 400, can i go back and accept the 150?


soz for such a loooooooooong post

thanks for your input

Go for the 400. If they thought they could successfully defend this as an EC they would have offered you a big fat zero! Remember, TC doesn't have morals!