Flight delay and cancellation compensation, Thomas Cook ONLY

staycjg

I see that this flight is mentioned later on on this forum. I was on the flight which left Gatwick 26/10/12 2 hrs late. After around 2.5 hrs we all heard a loud bang! Which at the time we didn't have a clue what it was! So the plane was redirected and we were told we will have to land in iceland, we will be taken to hotels and told what will happen. So we landed at 530pm ( we was meant to be in Florida at 230pm! We were taken to hotels and left! not told a thing given a cold buffet and after many calls to Thomas cook int the UK( off our mobs) they said they couldn't tell us anything until 100pm saturday! then that was it!.So later that night we got moved to another hotel then told what we are entitled to. Anyway found out that night from Icelandic news that we had engine failure!!! The plane was out of action and we needed to get a new plane! So come 1pm Saturday we were told we will be taken to catch a flight at 455pm sat, we eventually took off at 630 pm arriving in Florida 1030pm Saturday night! So lost 1.5 days! So we are now claiming from Thomas cook compensation and 1.5 days loss of holiday, but they hae replied but quoting extra ordinary circumstances! I dont get this and i think now we have to go to the CAA!
Sorry to waffle just wondered if anyone has any tips???

[Deleted User]

Hi folks

I was severely delayed on a Canadian Affair flight in 2008. I wrote to them at the end of last year but they have not replied. I know I shouldn't have left it this long to chase but at the same time it is not very professional of them to ignore my letter (assuming it got there)! Should I in fact be chasing Thomas Cook as I think it was a Thomas Cook flight, anyone know?

MG88

daz1onlym wrote: »

Hi all, i sent my complaint/claim to an address in Bradford, and now noticed that the address on the FAQ,s is differant. Do i need to re-send.

Hi,

I've recently received a letter from Thomas Cook responding to my claim..
The address on their letter is..

Thomas Cook Airfares
Customer Relations
2-4 Godwin Street
Bradford
West Yorkshire
BD1 2ST

So it sounds as though you have sent your claim to the right place..

Good Luck.

galasteve

staycjg wrote: »

I see that this flight is mentioned later on on this forum. I was on the flight which left Gatwick 26/10/12 2 hrs late. After around 2.5 hrs we all heard a loud bang! Which at the time we didn't have a clue what it was! So the plane was redirected and we were told we will have to land in iceland, we will be taken to hotels and told what will happen. So we landed at 530pm ( we was meant to be in Florida at 230pm! We were taken to hotels and left! not told a thing given a cold buffet and after many calls to Thomas cook int the UK( off our mobs) they said they couldn't tell us anything until 100pm saturday! then that was it!.So later that night we got moved to another hotel then told what we are entitled to. Anyway found out that night from Icelandic news that we had engine failure!!! The plane was out of action and we needed to get a new plane! So come 1pm Saturday we were told we will be taken to catch a flight at 455pm sat, we eventually took off at 630 pm arriving in Florida 1030pm Saturday night! So lost 1.5 days! So we are now claiming from Thomas cook compensation and 1.5 days loss of holiday, but they hae replied but quoting extra ordinary circumstances! I dont get this and i think now we have to go to the CAA!
Sorry to waffle just wondered if anyone has any tips???

there is a link to this report in the FAQ at the start of this thread, here it is avherald.com/h?article=45819625&opt=0
look at that to determine the circumstances of the failure

sally50

I had a flight from exeter in aug 10 which got delayed due to a part falling off the door when they shut it - I am not sure of the flight number how do I go about finding this detail please thanks

chili2001

sally50 wrote: »

I had a flight from exeter in aug 10 which got delayed due to a part falling off the door when they shut it - I am not sure of the flight number how do I go about finding this detail please thanks

Join flightstats.com and search flights from Exeter on the date of travel.

chili2001

eddiemacthedog wrote: »

Do you think i should go down that route for the reason they gave?

It looks like TC might fight the claim in your case so if you don't fancy taking them on in court yourself I would look at somewhere like https://www.flight-delayed.co.uk to take it on as they only seem to charge a one off fee of £20.00. It's the company I was looking at until I realised my home insurance would cover legal fees. That or give up!

111KAB

chili2001 wrote: »

It looks like TC might fight the claim in your case so if you don't fancy taking them on in court yourself I would look at somewhere like www.flight-delayed.co.uk to take it on as they only seem to charge a one off fee of £20.00. It's the company I was looking at until I realised my home insurance would cover legal fees. That or give up!

As far as I understand their one of fee only relates to submitting the 'paperwork' to the airline. That fee does not include taking the matter to Court and representing the claimant.

chili2001

111KAB wrote: »

As far as I understand their one of fee only relates to submitting the 'paperwork' to the airline. That fee does not include taking the matter to Court and representing the claimant.

Hmmm... your right. They charge an extra £9.50 to draw up a summons for you as a last resort but you have to follow through on the actual court procedure yourself. Although if people are not sure what they are doing then it still might be worth £30 rather than the 30% another company might take to do basically the same job.

Gorbar

MCSAVE wrote: »

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.

This is probably why they are not replying to the CAA. I contacted the Greek CAA on6th Dec., they denied having received it, I e mailed them a copy & as of last Friday they had not replied.