Flight delay and cancellation compensation, Thomas Cook ONLY

chili2001

Well got my reply from TC today as follows (edited for comic value):

Dear Mr *****,

I write further to our acknowledgement of 31 January 2013. As you gave us a 14 day deadline, we though that we use up the entire 2 weeks sitting on our !!!!'s and then send you this bog standard impersonal template reply at the last possible minute.

It is with regret that I note your flight with us was delayed. Whilst delays are an accepted part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When an extraordinary delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of extraordinary factors have to be considered, which can vary dependent on the reason for the delay (which is always extraordinary in our case), and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

Although delays are rare (Ha!), they can arise for a number of different extraordinary reasons, and having carried out a full investigation while sitting on our !!!!'s (Ha again!) the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the extraordinary situation. I can see that customers were provided with welfare during the delay (if you can call food poisoning welfare), in line with our obligations under EU Regulation 261/2004. As the events were defined as extra, extra, extra “extraordinary” no payment of compensation is considered appropriate 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 extraordinary apologies for any inconvenience you were caused on this occasion.

Blah, blah blah.

Handed the lot over to my home insurance solicitor now to deal with.

Won't be travelling with Thomas Cook again that's for sure.

ministrymason

badbobby wrote: »

Can people not do a 10 pound subject access request to get ticket details?

Whats this? Be worth a £10 if it means i cold get 1200 euro back.

devongirl1

Just got the standard TC letter back stating no compensation due to extraordinary circumstances. However in Dec 2011, I got the following email from customer services - as my insurance company wanted more details of delay before rejecting my claim.

"As part of my investigation I was advised that the aircraft had not arrived at Preveza Airport because Thomas Cook Airlines had not secured one to operate the return flight to Gatwick"

Clearly - even expecting a plane to take us home is now extraordinary. This was a flight from Preveza in Oct 2011.

Have written back to TC - and will let you know what happens next!

bubblesxxx68

neilodds wrote: »

hi hope you can help? can we claim ? do we claim thro cancelled or delayed form?
on returning from our honeymoon in mexico with Thomas Cook on dec 18th 2011 our flight back to gatwick was at first delayed for about 3 and a half hours , when we finally boarded the aeroplane , the pilot aborted take off after just getting off the runway .the plane was shaking and vibrating so badly that the pilot decided to land.
We then had to disembark the plane and had another lengthy wait in the airport without any reps there to tell us what was going on .
Later we were taken to a Hotel for the night on the same board basis ( all inc ) We were then phoned at about 7am the next morning to tell us we were being picked up from hotel at about 9 am , when we got the airport the flight was delayed yet again
I think in total we were delayed about 27 hours , when we got on the plane we were told by the pilot that they had engineers replace the front wheels because of the vibration.
Also I am self employed sole trader so i lost a days work ,so pretty much can we claim , what can we claim for and what evidence eg flight numbers , boarding passes , food expenses and loss of earnings

Hi Nielodds,
Please see my post on page 12 Post 228 , I was on the same flight , I have wrote to Thomas Cook with the template letter you can get from Which Magazine or This Web-Site , I have received back there standard template letter, i have drafted another letter and now awaiting there responce , I have spoke with a legal adviser and if Thomas Cook still refuse my claim my next letter will be taking them to the small claims court.
If you need any advice or info i still have some paperwork , I was also told there was a problem with the front wheels and this doesn't come under extraordinary circumstances as they say in there first basic template letter and i've also complained about the way they left us for over 7/8 hours with no info /food or drink.
It great that you have now posted on this site because we can now prove at the disgusting way we were treated ( It all helps in our case against them) I have emailed the CAA and they are also looking in to it .
Please email me and i will let you know all that i have been told by the legal advisor / CAA and Thomas Cook and keep you up to date with how i'm progressing,
Cheers Julie
I'll PM YOU MY EMAIL ADDRESS

Ind1_2

As it appears we are all getting the same brush off letter, is there a way of finding out how many actual flights were delayed with the same excuse over, say, a six month period, against the actual flight that took of on time? We may then be able to prove that TC is not fit for purpose therefore and can't cope with the demand or promises when flights are booked etc. ie I believe (have been told) they just don't have enough servicable aircraft to do their job and know that a majority of their flight will be delayed and are jiggling their planes around and are always in a "catch up" situation that will never end?:question:

lazza727_2

I managed to reclaim £1575 for a family holiday to Turkey in 2008 for a holiday booked through Thomas Cook.

We complained at the time as the 9 hour flight delay was caused due to cabin crew illness and no standby crew being available.

Thomas Cook, after sending the standard letter, agreed to comply with their obligations under 261.

They initially sent a travel discount voucher that I declined and requested a cheque.

The total time for the claim took 3 months (the delay was due to Christmas break).

chili2001

Ind1 wrote: »

As it appears we are all getting the same brush off letter, is there a way of finding out how many actual flights were delayed with the same excuse over, say, a six month period, against the actual flight that took of on time? We may then be able to prove that TC is not fit for purpose therefore and can't cope with the demand or promises when flights are booked etc. ie I believe (have been told) they just don't have enough servicable aircraft to do their job and know that a majority of their flight will be delayed and are jiggling their planes around and are always in a "catch up" situation that will never end?:question:

That's a very interesting (and quite believable) theory. It's just a shame we can't prove it. Anyone out there work for the media and want to take on this story?

MCSAVE

I've now had my defence from TC:
1) The claim the defendant as stated is incorrect, it should be Thomas Cook Tour Operations Limited because I was on Flythomascook
2) They admit the flight took place
3) They admit the delay due to an unforeseen technical problem.
4) They confirm the delay time
5) They admit that EC Reg 261/2004 applies to my flight saying "this provides that compensation is payable in the event of cancelled flights and instances of denied boarding. It also provides that airlines are to provide welfare to passengers in the event of cancellation, denied boarding and delayed flight. It is denied that the regualtion expressly provides that compensation is payable in the event of a delayed flight"
6) Further to the above the claimants compensation claim is based on the decision of the ECJ in Strurgeon v Condor Flugdienst GmbH and Bock v Air France cases C-402/07 and C-432/07, where it was determined that despite the regulation not expressly stating that compensation is applicable in the event of a delay, the regulation is to be interpreted this way
7) They then claim it was extraordinary
8) They also say that Graham & anor v Tomas Cook (2012) EWCA Civ 1355 states that the claimant has no private law cause of action against the defendant and instead his claim muct be before the CAA
9) All intra community flights are flights are limited to 400 euro per person as stated in article 7.1 of the regulation.

So they don't admit it and keep saying that it should be down to the CAA to enforce. They've not even mentioned the conflicting reasons given for the delay to different passengers on the same flight.

chili2001

bubblesxxx68 wrote: »

Hi Nielodds,
Please see my post on page 12 Post 228 , I was on the same flight , I have wrote to Thomas Cook with the template letter you can get from Which Magazine or This Web-Site , I have received back there standard template letter, i have drafted another letter and now awaiting there responce , I have spoke with a legal adviser and if Thomas Cook still refuse my claim my next letter will be taking them to the small claims court.
If you need any advice or info i still have some paperwork , I was also told there was a problem with the front wheels and this doesn't come under extraordinary circumstances as they say in there first basic template letter and i've also complained about the way they left us for over 7/8 hours with no info /food or drink.
It great that you have now posted on this site because we can now prove at the disgusting way we were treated ( It all helps in our case against them) I have emailed the CAA and they are also looking in to it .
Please email me and i will let you know all that i have been told by the legal advisor / CAA and Thomas Cook and keep you up to date with how i'm progressing,
Cheers Julie
email: [EMAIL="***********@yahoo.co.uk[/EMAIL]

Probally not a good idea to post your email address on an open forum unless you like junk mail?

MG88

lazza727 wrote: »

I managed to reclaim £1575 for a family holiday to Turkey in 2008 for a holiday booked through Thomas Cook.

We complained at the time as the 9 hour flight delay was caused due to cabin crew illness and no standby crew being available.

Thomas Cook, after sending the standard letter, agreed to comply with their obligations under 261.

They initially sent a travel discount voucher that I declined and requested a cheque.

*********************************************

I recently received the same standard letter as everyone else from Thomas Cook though in my case I was lucky that I was able to provide the boarding cards they asked for ... sometimes being a bit of a 'Hoarder' does have it's benefits... so they accepted my claim and on first impressions it seemed as though they had agreed to issue me with the compensation I had requested .. £690

My elation and my total sense of amazement that it had actually worked was short lived.. Unfortunately, as I looked a little more closely at the attached 'cheque' I realised that what I'd taken to be a cheque was in fact a travel voucher for the full amount.

Not quite what I'd expected and certainly not what I'd wanted.

My question was going to be "Am I obliged to accept the voucher or can I insist on monetary compensation?",

which would be my preference.

Having read the posting from lazza727 as above it would appear that I do not have to accept this voucher in liue of financial compensation so I will now return their voucher and request a cheque instead .. if it takes another few months it will still be worth it.

I also had another delay with Thomas Cook at the beginning of December 2012 from Luxor in Egypt.. this was apparently caused by a 'Bird Strike' as the incoming flight landed .. no doubt an extraordinary occurrence so I haven't even bothered to try that one.. We sat in the departure lounge for about 6 hours before anyone even bothered to tell us what was going on and then it took the captain of the plane to come into the departure lounge to make an announcement.

We ended up being sent back to a Hotel overnight which again was a total farce - rooms not ready for occupants, lukewarm meal provided in the restaurant, no information forthcoming regarding the arrangements for the next day etc etc. and the following day once they decided we were going back to the airport we again spent hours and hours in the departure lounge without any information being made available and very limited facillities available ..

We finally flew back late into the evening the following day having lost a hotel booking for the night we should have landed ( Room cost £120 Travel Insurance claim paid out £40.00 - they took a £40.00 excess charge each for both passengers involved in the claim ..!! Ridiculous )

Anyway, I digress but suffice to say my experiences with Thomas Cook haven't been pleasant so why on earth would I want to accept a voucher to travel with them again?

I'll be sending my voucher back and asking for a cheque asap.

Many Thanks for the information and good luck to everyone else out there who is still pursuing a claim.

:T