Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

ajh001 wrote: »

15/1/14
Update
CAA referred claim back to Thomas Cook who today wrote back stating that they are sticking with their original decision....

"I am writing further to being contacted by the CAA to review your claim for a payment in line with Regulation 261.

Having reviewed your case Thomas Cook believes the delay can be considered extraordinary circumstances and all reasonable measures were taken to avoid the delay in question. In view of this we do not feel a payment is appropriate in this case.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

Kind Regards,
Ross Milne
Customer Relations"


Still not received from TC any details of what the alledged technical issues were and the reasons as to why they are extraordinary. Looks like Small Claims Court for me.

Looks like TC customer fob off relations or (Oximoron) are sending them out in bulk, there are a number who have had this over the last week or so including me. I suspect the CAA have told them to pay up so in court you can use this agaisnt TC. Also i suspect you will get the usual NEB Guidelines defence the CAA is part of them so that defence no longer stands if they told TC to review the case. Again another defence will be that you have no case agaisnt them go to CAA, this you have done anyway and the CAA contacting TC is confirmation that you have gone via CAA as well, it's your right to bring private law case against them, so another nail in the coffin, soon this will all come to a head and I suspect the Huzar ruling will do it.

CURRYPOTTY

I'm still being fobbed off after contacting the CAA... FLIGHT TCX2869 15th June 2012 Dalaman too Manchester
THIS IS THERE LATEST RESPONSE RECIEVED TODAY 15th Jan 2014..............

Dear Mrs Howarth

I am writing further to being contacted by the CAA to review your claim for a payment in line with Regulation 261.

Having reviewed your case Thomas Cook believes the delay can be considered extraordinary circumstances and all reasonable measures were taken to avoid the delay in question. In view of this we do not feel a payment is appropriate in this case.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

Kind Regards,

Customer Relations


IN A PREVIOUS REPLY FEB 2013 THEY DID STATE SOME TECHNICAL INFORMATION SO I GUESS THIS WOULD BE GOOD FOR MY SMALL CLAIMS COURT ACTION....
Dear Paula

Thanks for getting back in touch. I am sorry to read that you are unhappy with the outcome of your complaint regarding this flight delay, please find below a copy of what I have received from Thomas Cook Airlines regarding why they are defending this delay.

The aircraft was returned to the stand with an engine start fault, aircraft required a HMU change and high power runs. Operating crew ran out of hours to operate the flight so the decision was taken to night stop. Number 1 engine would not start, due to no fuel flow. HMU was replaced, problem still not fixed, fuel pump replaced, problem solved. From the 12/06 crew reported difficulty starting the engine. Troubleshooting of the ignition system was being carried out as per manual. The aircraft was not faulting the fuel supply system and thus there was no reason to suspect the pump or HMU until 14/06.

I hope this response is to your satisfaction.

lesa_2

Hi, I contacted Thomas Cook to complain about a flight delay from Sanford, Florida, to Glasgow. The flight was delayed for over 4 hours and arrived 3.5 hours late in Glasgow. Myself, husband and 4 year old son were travelling.


I also complained about a 3 hour bus transfer from the hotel, which I thought was unreasonable for what should have been just over 1/2 hour journey to the airport via taxi. This was more to make them aware that everyone on the bus was very disgruntled by the time. Sorry, probably unrelated to this thread!


The have emailed today offering a £50 per person voucher for Thomas Cook for further travel.


Given that it the plane arrived back in Glasgow from the USA in under 4 hour delay, should I just accept these vouchers and be happy I got anything? It was a very, very long day for my 4 year old :-(

ajh001

fightingalltheway wrote: »

would anyone be able to give me the email address for Thomas Cook customer relations. I cannot seem to find one and would like to email them instead of keep sending letters. many thanks

Email: relations.customer@thomascook.com
Or use their contact us section of their website

ajh001

batman44 wrote: »

Looks like TC customer fob off relations or (Oximoron) are sending them out in bulk, there are a number who have had this over the last week or so including me. I suspect the CAA have told them to pay up so in court you can use this agaisnt TC. Also i suspect you will get the usual NEB Guidelines defence the CAA is part of them so that defence no longer stands if they told TC to review the case. Again another defence will be that you have no case agaisnt them go to CAA, this you have done anyway and the CAA contacting TC is confirmation that you have gone via CAA as well, it's your right to bring private law case against them, so another nail in the coffin, soon this will all come to a head and I suspect the Huzar ruling will do it.

Hi can you expand on "NEB guidelines defence" this is the first time I have seen them mentioned. Thanks

Caz3121

lesa wrote: »

Hi, I contacted Thomas Cook to complain about a flight delay from Sanford, Florida, to Glasgow. The flight was delayed for over 4 hours and arrived 3.5 hours late in Glasgow. Myself, husband and 4 year old son were travelling.


I also complained about a 3 hour bus transfer from the hotel, which I thought was unreasonable for what should have been just over 1/2 hour journey to the airport via taxi. This was more to make them aware that everyone on the bus was very disgruntled by the time. Sorry, probably unrelated to this thread!


The have emailed today offering a £50 per person voucher for Thomas Cook for further travel.


Given that it the plane arrived back in Glasgow from the USA in under 4 hour delay, should I just accept these vouchers and be happy I got anything? It was a very, very long day for my 4 year old :-(

You need to read the FAQs and possibly the info here http://www.moneysavingexpert.com/travel/flight-delays#compensation
You can still claim for a delay of between 3 and 4 hours - compensation is halved. There are template letters in the FAQs on page 1 of this thread
The transfer is a completely separate issue - I guessed due to the distance between your accommodation and the airport - were you not told where your accommodation was? were you told that it would take the same time as a taxi....this would not be usual for a bus transfer

lesa_2

Thanks for that and your quick repose. I will read those links.

Re the transfer, the transfer there was an hour long, the bus driver seemed confused on way home stopping at practically every hotel where no people were waiting - think that's why it was triple the time. As you say, it's another issue anyway. Thanks

Okane1969

lesa wrote: »

Hi, I contacted Thomas Cook to complain about a flight delay from Sanford, Florida, to Glasgow. The flight was delayed for over 4 hours and arrived 3.5 hours late in Glasgow. Myself, husband and 4 year old son were travelling.


I also complained about a 3 hour bus transfer from the hotel, which I thought was unreasonable for what should have been just over 1/2 hour journey to the airport via taxi. This was more to make them aware that everyone on the bus was very disgruntled by the time. Sorry, probably unrelated to this thread!


The have emailed today offering a £50 per person voucher for Thomas Cook for further travel.


Given that it the plane arrived back in Glasgow from the USA in under 4 hour delay, should I just accept these vouchers and be happy I got anything? It was a very, very long day for my 4 year old :-(

Hi,
What was your flight number and which date did you travel. We may have been on the same flight.

batman44

ajh001 wrote: »

Hi can you expand on "NEB guidelines defence" this is the first time I have seen them mentioned. Thanks

ajh001, The NEB or National Enforcement Bodies, ie here the CAA have a list what they think can be extraordinary circumstances, this document is non binding, and not law. It is not worth the paper it is written on basically but in the early days judges were accepting this document as good evidence from the airlines. In the huzar case judge Platts rubbished the document. It was an attempt to get out of paying up as out of 30 reasons only 5 helped passengers with no passenger input to it's creation. It is now concidered non relevent by most but some of the airlines solicitors throw it in as a defence in an half baked attempt, or more in hope that a non informed judge may take it seriously. There is plenty of info on the forums about this.

hedgehogs_2

Hi
Been battling for compensation for a delay of over 7 hours and just had final rejection from TC after CAA put the claim back to them. I note VOB72 has had a successful claim for the return flight TCX7029 paid on the grounds of the problem with the outgoing flight. Have PM VOB72 for some help but not yet had a reply.
Do you think a precedence has now been set for me to pursue the claim? I am still in contact with other people on the same flight who are receiving the same outcomes as myself. Should we band together or continue separately?
I have no experience of the court system at all but am prepared to try and get to grips with it if it means a chance of success.
Any comments would be appreciated.