Flight delay and cancellation compensation, Thomas Cook ONLY

chrisy86

Hi, i have just received a email back from Thomas Cook with a £686 voucher for a delayed 5.5hr flight from Manchester to Tenerifie on 26th February 2012 ([FONT=&quot]flight 2456)

Took a total of 6 weeks in total but could have been quicker if I'd of had my booking reference.

I will be responding asking for the cash rather than the vouchers as there is no way i will be flying with them again.

I'm very happy though as the whole holiday only cost £400 for an all inclusive 4* week away![/FONT]

111KAB

Mummykate wrote: »

....so I'm going to have to do lots of homework and carry on doing it myself they also say the technical fault faulty master start switch which was apparently found when flight was about to take off does not require any maintainence so this is why it's classed as extrodinary

Forget the specifics .... faulty master switch is a technical problem and technical problems are not extraordinary as they are ordinary happenings that happen to planes every minute of every day. If airlines start singling out individual components (other than just saying technical problem) where does it stop? "17th rivet in on the left wing failed" - well as a 757 has five and a half million rivets so they have a lot of excuses on rivets alone! As messaged there are NWNF firms who will look at your case - they may want to start again but whatever you/they do don't walk away!

JPears

Mummykate wrote: »

Apparently the wont take it on if I have already started so I'm going to have to do lots of homework and carry on doing it myself they also say the technical fault faulty master start switch which was apparently found when flight was about to take off does not require any maintainence so this is why it's classed as extrodinary

If you put up the whole defence, there are a few people on here who will gladly rip it to shreds for you..

Mummykate

I will put it on later when I finish work

steve1500

Mummykate wrote: »

Apparently the wont take it on if I have already started so I'm going to have to do lots of homework and carry on doing it myself they also say the technical fault faulty master start switch which was apparently found when flight was about to take off does not require any maintainence so this is why it's classed as extrodinary

A part that does not require any maintainence!!

How do you know when it has failed -when you are in Mid air!!

chili2001

Mummykate wrote: »

Received draft defence from tc don't really understand it starting to wish I'd used a nwnf company it says that the claiments compensation claim is based upon the decision if the European court if justice in the joined cases of sturgeon -v- condor flugdienst GMbH and Bock -V- air France it also says the defendant will relay upon recently published guidance of the national enforcement bodies appointed in respect of EC regulation 261/2004 as to what may be regarded as extraordinary circumstances.
It also says it is averred that the claiments has no private law civsl cause of action against the defendant and says instead the claim must be brought before the caa. It basically says that I can only claim for myself not my party my children are 2 and 10 I don't think they can make a claim them selfs idiots also says the defendant will not be liable to the claiments if it is found that the cause if the delay was extrodinary does this mean I would have to pay there costs ?? It says aswell that emergency can't claim for my son we paid £30 so I know this is untrue they have even got the flight date wrong.

Surely if they have got the flight day wrong and they rely on that in court then you can have All their "evidence" thrown out on the basis of this? You could say TC are basing it on a different flight on a different day.

JPears

chili2001 wrote: »

Surely if they have got the flight day wrong and they rely on that in court then you can have All their "evidence" thrown out on the basis of this? You could say TC are basing it on a different flight on a different day.

Ssh! Don't give 'em a chance to correct their blundering errors

chili2001

JPears wrote: »

Ssh! Don't give 'em a chance to correct their blundering errors

I'm sure there will be plenty more!

VOB72

Mummykate wrote: »

Received draft defence from tc don't really understand it starting to wish I'd used a nwnf company it says that the claiments compensation claim is based upon the decision if the European court if justice in the joined cases of sturgeon -v- condor flugdienst GMbH and Bock -V- air France it also says the defendant will relay upon recently published guidance of the national enforcement bodies appointed in respect of EC regulation 261/2004 as to what may be regarded as extraordinary circumstances.
It also says it is averred that the claiments has no private law civsl cause of action against the defendant and says instead the claim must be brought before the caa. It basically says that I can only claim for myself not my party my children are 2 and 10 I don't think they can make a claim them selfs idiots also says the defendant will not be liable to the claiments if it is found that the cause if the delay was extrodinary does this mean I would have to pay there costs ?? It says aswell that emergency can't claim for my son we paid £30 so I know this is untrue they have even got the flight date wrong.

This sounds the same format and excuses as the defence they sent me, except a different EC. See my posts in recent weeks about the multiple claimants issue with similar aged kids - I'm currently waiting on further direction from the Local Court but from what I've read on here, there is no hard and fast rule. MCOL advised me I could do it but others disagree; some courts accept multiple claimants, others don't. TC know this so they bring it up in their defence.

gorses

Hi All,

Received this from CAA after 6 months...

'Thank you for your patience with us while we investigated your complaint about the disruption to flight TCX2994 on 13 August 2012. Thomas Cook Airlines have agreed to pay you compensation for the disruption to your flight; they will get in contact with you directly to arrange payment. If you haven’t heard from them within 8 weeks please follow your claim up with them directly using a copy of this email.'

Looking good, just need to wait for TC now. Not holding my breath, they denied compensation all the way til now. Anyone else on this flight should claim now, looks like CAA are on-side.

Also, separately, the return flight was delayed over 5 hours but the CAA have said it's not within their remit. From what I understand a flight from outside the EU (turkey) to an UK airport (manchester) on an EU carrier (TC) IS their 'patch'. Can anyone confirm, I think they made a mistake?

Good luck everyone....:j