Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

DisneyJan wrote: »

How do I PM you my email is [EMAIL="jancdisney@gmail.com"][/EMAIL]

Click on the person's name then use the message link

Grumpelstiltskin

Jan Remove your E Mail address, you will get spammed.

Look at Batman's post click on his name on the left hand side and you will see how to PM him.

batman44

Has anyone completed a MCOL for a family of 3 on the same booking? I have had an email back when I quried this with ccmc saying i need ot contact them about filling the form in and sending it back. I have checked the thread taking airline to court but there is contraditory info. thanks for any info. Has anyone had any issues like this or should I complete it online, I only want to pay the one cost and name all as a family.

Jonesy88

Hi,

I have completed the online form for Thomas Cook for our delayed flight tcx 033 L Toronto to Manchester on 23/06/09. TC got back to me within a week to query my name (since married) so I have replied with all the information requested, plus a scanned copy of the boarding cards. That was 2 weeks ago.

Does anyone have an idea of the timeframe Tc are replying/ actioning requests?

richardw

batman44 wrote: »

Has anyone completed a MCOL for a family of 3 on the same booking? I have had an email back when I quried this with ccmc saying i need ot contact them about filling the form in and sending it back. I have checked the thread taking airline to court but there is contraditory info. thanks for any info. Has anyone had any issues like this or should I complete it online, I only want to pay the one cost and name all as a family.

Can you get all 3 in the claimant box on mcol?

Such as "Mr & Mrs J Smith & A Smith".

If you can't then don't use mcol, use form N1 and put the names in the claimant box.

If they aren't listed in the claimant box, then they aren't a claimant.

Justnan

David_e wrote: »

I've not seen it so thanks. How is it that TC have not given a defence? What did they say in their filing after you/daughter had served the claim?

David e
TC admit both outbound and inbound flights were delayed by 4.30 and 30.10 hrs respectively.
They state that the claim can only be for the individual (not daughters partner and two children),unfortunate error on our part, although all four passengers were named in the particulars. They also state one of the children was 'effectively' travelling free of charge relying on article 3.3 (Not according to the payment invoice! and the childs boarding card.)
They deny the claim for interest.(under S69 of the County Courts Act 1984)
They deny compensation as;
Outbound flight - damaged fasteners on the aircraft originally due to operate the outbound flight.(not sure if that means they used an alternative aircraft?)
Inbound flight - due to the in-flight failure of the weather radar system on the flight immediately preceding the inbound flight.
They state they could not prevent the damage, even with all due care and that all reasonable measures were taken to minimise the impact of the delay.
They' rely upon extraordinary circumstances' and 'rely upon the recently published guidance of the National Enforcement bodies'.
TC say the claim must be brought before the CAA as daughter does not have any private law civil cause of action against them.

I think that more or less covers the main points.

We can contact the court in respect of guidance re adding daughters partner and children. We may just proceed with daughter rather than run up any more costs. If we are then successful, we can make the additional claims.
I have also seen advice on MSE saying compensation is applicable re claiming for the youngest child. This was not a free child place but travelling as a paying infant.

Any views most welcome, particularly in respect of the EC's they claim. Thanks in advance.

David_e

Justnan wrote: »

They state that the claim can only be for the individual (not daughters partner and two children),unfortunate error on our part, although all four passengers were named in the particulars.

We can contact the court in respect of guidance re adding daughters partner and children. We may just proceed with daughter rather than run up any more costs. If we are then successful, we can make the additional claims.

If you are close to a court date, your suggestion may be the best approach. You could raise the matter in court. It's not something I have read up on but I have seen posters reporting some judges acting sensibly and allowing other passengers to be added to a claim.

Justnan wrote: »

They also state one of the children was 'effectively' travelling free of charge relying on article 3.3 (Not according to the payment invoice! and the childs boarding card.)
They deny the claim for interest.(under S69 of the County Courts Act 1984)

I have also seen advice on MSE saying compensation is applicable re claiming for the youngest child. This was not a free child place but travelling as a paying infant.

That should be an easy one. Article 3(3) of the Reg 261/2004 says "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 it was a publically available paid fare, I can't see how the claim can be denied for the child.

Justnan wrote: »

They deny compensation as;
Outbound flight - damaged fasteners on the aircraft originally due to operate the outbound flight.(not sure if that means they used an alternative aircraft?)
Inbound flight - due to the in-flight failure of the weather radar system on the flight immediately preceding the inbound flight.
They state they could not prevent the damage, even with all due care and that all reasonable measures were taken to minimise the impact of the delay.
They' rely upon extraordinary circumstances' and 'rely upon the recently published guidance of the National Enforcement bodies'.

If you haven't seen it, then have a very long look at the Jet2 thread report of a recent court victory by a Mr Huzar. That case is a must-include in your court papers. Basically it firmly rejects the kind of arguments TC are making. It also very politely rubbishes the NEB guidance.

Re interest, that is at the judge's absolute discretion if you win so not sure there is anything more you can do having made the claim in the first instance.

The cause of action point is just absolute and utter nonsense. I think there is somewhere on the forum a very comprehensive and well referenced rebuttal of this type of thing. Have a search using some of the words you used - private law civil 'cause of action' - and see what comes up.

Good luck!

DJWH

Hello everyone. New member of the MSE forums...

I am entitled to compensation for delayed Thomas Cook for a delayed flight home from Ibiza in 2009. However I no longer have my boarding pass or any documentation such as booking reference. I assumed they would have a record of me being on this flight but they are asking me to provide proof.

I take it this is a lost cause then? Any ideas on how I could get this information? I contacted Thomas Cook customer services but (not surprisingly) they said they didn't have any records...

Thanks

111KAB

DJWH wrote: »

.

I take it this is a lost cause then? Any ideas on how I could get this information?

No it is not .... read page one FAQ's.

Justnan

David_e wrote: »

If you are close to a court date, your suggestion may be the best approach. You could raise the matter in court. It's not something I have read up on but I have seen posters reporting some judges acting sensibly and allowing other passengers to be added to a claim.



That should be an easy one. Article 3(3) of the Reg 261/2004 says "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 it was a publically available paid fare, I can't see how the claim can be denied for the child.



If you haven't seen it, then have a very long look at the Jet2 thread report of a recent court victory by a Mr Huzar. That case is a must-include in your court papers. Basically it firmly rejects the kind of arguments TC are making. It also very politely rubbishes the NEB guidance.

Re interest, that is at the judge's absolute discretion if you win so not sure there is anything more you can do having made the claim in the first instance.

The cause of action point is just absolute and utter nonsense. I think there is somewhere on the forum a very comprehensive and well referenced rebuttal of this type of thing. Have a search using some of the words you used - private law civil 'cause of action' - and see what comes up.

Good luck!

Yes, thanks I have seen the recent judgement, its also our local Court, which hopefully will help.(if we manage to get the hearing local)
We have not been informed of a Court date yet and depending on Court listings, it may well be early next year. We will contact them re adding the remaining claimants, as I think it is the 'proper' thing to do rather than waiting for a hearing.

I have read a good post by vauban (and luckily printed it off for reference!) he addresses some very similar issues that TC had sent to superowls.

thanks very much for the response.