Flight delay and cancellation compensation, Thomas Cook ONLY

Oliver_Klozoff_2

Vauban wrote: »

I find the predictability point a bit absurd. Just follow the logic:

If a technical fault is predictable, it should not happen, as it will be replaced during routine maintenance. Therefore all technical failures that occur in a properly maintained aircraft will have unpredictable, and must therefore be extraordinary by definition.

It's just silly.

I see what your point about predictability being absurd, however the way that that was worded (or maybe it's just me?) bolsters TC's stance of extraordinary circumstances which they always use and we are all looking to disprove.

Granted there is also the point of whether or not they did everything possible to avoid the delay and keep it short. In my case it was nearly 24 hours between the time the delay was decided on (12 hours before the flight was due to depart) and the actual time they did depart. One would think that deciding on a delay several hours before the scheduled departure would mean they had adequate time to prepare a contigency plan. Not for TC, where everyday is extraordinary! :rotfl:

Hes08

Vauban wrote: »

Did your children pay a fee to fly? I imagine they did. If so, they are due the compensation.

It was a free child place and the infant charge of £29. I thought the comp was per person no matter the price paid. Just want to get the facts before I contact them again. Thanks

Vauban

Hes08 wrote: »

It was a free child place and the infant charge of £29. I thought the comp was per person no matter the price paid. Just want to get the facts before I contact them again. Thanks

Article 3.3 of the Regulation states: "This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public." So if you paid a publicly available reduced fare for the infant, s/he is eligible for the compensation. If you paid nothing for the child, they are not.

JPears

Hes08 wrote: »

It was a free child place and the infant charge of £29. I thought the comp was per person no matter the price paid. Just want to get the facts before I contact them again. Thanks

If you pay anything for child/infant then your are due compensation. So yes for infant at £29 but no for free child place... Bizarre but true.

Prof /lord Vauban pipped me there...

JPears

Mummykate wrote: »

Ha just had a second email saying that is not the fault they got there wires crossed this is the fault It was an engine problem and the information I provided you with was in respect of a different flight. The technical fault was an engine starting fault. Upon investigations, the master start switch was found to be faulty. This is an on condition part that does not require maintenance and the failure of this type of part is unpredictable really is it ?? !!!

So this won't look good in court either. Firstly they didn't reply to acknowledge/submit defence , secondly they give you false information, against CPR rules. Oh dear.;)

Mummykate

Well I emailed legal department asking for the exact cause if the delay he emailed me with the 1st email about a problem with knocking noise I then emailed back saying we was told problem with engine they then sent Emily back saying basically his wires was crossed and gave me the second email with master switch fault

indigoail

Hi I was on a delayed flight from Aberdeen to Dalaman last year, 22 hours delayed. I immediately complained to Thomas Cook who eventually rejected my claim as extraordinary. I then referred the case to the CAA in February this year and other than the confirmation that they would deal with my case I haven't heard anything back, is this normal?

Hes08

JPears wrote: »

If you pay anything for child/infant then your are due compensation. So yes for infant at £29 but no for free child place... Bizarre but true.

Prof /lord Vauban pipped me there...

Hi thank you for your information.i just phone compensation department for 15 mins and they are not going to pay for compensation for a infant witch cost 29pounds.they told me they pay only on full payed tickets

Mummykate

They also said that they didn't acknowledge or defend in time because it was due to an internal error and it didn't reach there department in time they was very sure it was going to be set aside if they requested it aswell saying something along the lines of if we are able to do this we would succeed in setting Judgment aside and the matter will proceed as it would have done had our error not occurred or something like that which annoyed me to say the least

Vauban

Hes08 wrote: »

Hi thank you for your information.i just phone compensation department for 15 mins and they are not going to pay for compensation for a infant witch cost 29pounds.they told me they pay only on full payed tickets

If you take them to court, they will quickly fold (as there is nothing in the Regulation to substantiate their view).

Or you could email the CAA and ask them for their view.

The latter however is likely to take some time ...