Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

You write to the airline and make a claim in the normal way. It's all in the FAQs on page one.

citysnipe57

Cheers Thanks

News12

Going back to 2008, we were delayed 15 hours in Dalaman. I wrote to thomas cook at the time and they said the delay was due to technical problems. Now I read ........ 'Technical problems cannot constitute ‘extraordinary circumstances’ under Article 5(3) of Regulation No 261/2004' ............
I have their email stating it was 'technical problems'. What chance do I get now with a claim for compensation? Posted this on wrong thread a couple of days ago unintentionally - new to the site.

111KAB

News12 wrote: »

What chance do I get now with a claim for compensation?

If you read FAQ's on page one you stand a very good chance if you have tenacity and patience.

johndoe70

Hi all on here
This is my first post so apologies if its a bit rough.
I was on flight tcx2103 palma to manchester on 28/06/2011 which was delayed by six and a half hrs.I was informed by the tc rep of this delay when I was picked up in resort for transfer to the airport.the reason given by the tc rep for the delay was due to industrial action in greece affecting airport staff.apparantly the aircraft used to fly me home had to first depart Athens,then fly to manchester,disembark the passengers,then board new passengers bound for palma,then fly to palma and then finally board passengers for my flight in palma to fly to manchester.sorry if it doesn't make much sense but the bottom line is the same aircraft was used which caused the delay.
I have read another posters comments regarding this flight and they were of the view that tc would have been made aware of the situation in greece some days prior to this action causing the delay and could have made alternative plans.is this right? Also I kind of question the notion that my flight from palma to manchester should be determined by events in greece inthe first place??!!.
I of course understand that normally industrial action would be deemed as 'extraordinary circumstances' but ithink it doesn't seem right.
What do other members think? Any thoughts and advice is greatly appreciated
Cheers:)

sciencelover

Hi all, I've recently had a severely delayed flight with Thomas Cook (~15h), but I'm unsure of whether it is classed as a cancellation or delay and whether they might try to argue exceptional circumstances or not, because there was a problem with knock on effects, so I was wondering whether anyone here might be able to help me disentangle this.


I don't know whether the airlines watch the forums (!) so I'll keep the details to a minimum. We basically took off from Manchester and then landed at East Mids shortly after due to an oven fire aboard the plane, which was quite scary! TC then took several hours to A) get us off the plane, figure out what they were doing next, C) get transport arranged back to manchester airport, D) arrange a new flight. The rescheduled flight was for 7am, when the original was supposed to be 14.55 the previous day. They told us this was due to staff hours- that they could not use the original crew and could not get another crew together until that time.


My first query is whether you would class this as a cancellation or delay - I suppose it was the same flight so was delayed, but my reason for confusion was that it came up as cancellation on the boards at Manchester airport.


My second query is re the oven fire. I would have thought that oven fires would be down to poor maintenance - eg food remnants being left in and therefore not an exceptional circumstance as outlined in the July 2013 guidelines, but I suppose it would depend on the cause of the fire? Are you at the mercy of the airlines in admitting this and can they lie? Then I wondered regardless of the fire's cause, would the inability of TC to staff a replacement flight be something that makes them culpable do you think?


Looking forward to hearing your thoughts! NB I did a search on this forum for 'oven' and no hits...

johndoe70

Thanks centipede 100, It does seem a bit of a stretch to blame a palma mallorca flight to manchester being delayed due to strike action in greece and I'm pleased I'm not alone in that thinking.
Are you of the mind that tc probably didn't take 'reasonable measures' in my case?
And if that is true do you think it worthwhile me pursuing the matter with tc?
Again,thanks for any pointers you can offer me
Cheers jd70

chili2001

sciencelover wrote: »

Hi all, I've recently had a severely delayed flight with Thomas Cook (~15h), but I'm unsure of whether it is classed as a cancellation or delay and whether they might try to argue exceptional circumstances or not, because there was a problem with knock on effects, so I was wondering whether anyone here might be able to help me disentangle this.


I don't know whether the airlines watch the forums (!) so I'll keep the details to a minimum. We basically took off from Manchester and then landed at East Mids shortly after due to an oven fire aboard the plane, which was quite scary! TC then took several hours to A) get us off the plane, figure out what they were doing next, C) get transport arranged back to manchester airport, D) arrange a new flight. The rescheduled flight was for 7am, when the original was supposed to be 14.55 the previous day. They told us this was due to staff hours- that they could not use the original crew and could not get another crew together until that time.


My first query is whether you would class this as a cancellation or delay - I suppose it was the same flight so was delayed, but my reason for confusion was that it came up as cancellation on the boards at Manchester airport.


My second query is re the oven fire. I would have thought that oven fires would be down to poor maintenance - eg food remnants being left in and therefore not an exceptional circumstance as outlined in the July 2013 guidelines, but I suppose it would depend on the cause of the fire? Are you at the mercy of the airlines in admitting this and can they lie? Then I wondered regardless of the fire's cause, would the inability of TC to staff a replacement flight be something that makes them culpable do you think?


Looking forward to hearing your thoughts! NB I did a search on this forum for 'oven' and no hits...

Thats a tricky one. Personally I think an oven fire mid flight would be classed as an EC as it was an unexpected safety issue. I would contact a NWNF solicitor who would tell you if its worth trying to claim or not.

superowls

Hi guys, first time poster regarding this as I was able to find most of the imformation by searching around but hope someone can help me here.

I have been to court today for a prelim hearing and basically the judge said it was up to me to prove the airline is at fault (i always thought it was the other way around). He has said that it would be up to me to question the evidence of any engineer and asked if I would be able to do this.

He then went on to say that I hadn't even responded to the defence (I thought you were invited to do this before the full hearing). He basically gave me a grilling as to filing claims based on what you see on the internet and really bashed my confidence in the whole thing.

Thomas Cook are claiming a 5 second engine stall was the reason for the delay (we were actually in the air for 1 hour before they turned the plane around resulting in a 23 hour delay). But the same thing happened 3 times in 21 days and again in June this year (the one on the news you may have seen).

So basically, my questions are, how would I prove that the evidence the engineer gives is correct and does not result in ECs.

Thanks for any help.

Vauban

The prevalence or not of ECs depends less on the detail of the engineer's report and more on the legal definition of what Wallentin established as the test.

I am slightly puzzled by your post though: if you had a hearing, did you not submit to the court an argument with supporting documentation? If you have failed to do this I'm not surprised the judge was a bit vexed.

Or have I misunderstood?