Flight delay and cancellation compensation, Thomas Cook ONLY

alberto2012

Hi,


Is it still possible to claim for compensation even without any original documents i.e. boarding passes, tickets and even proof of the delay??

My wife and I were delayed for over 20 hours in Aug 2009, flying from Glasgow to Calgary.
We sent a complaint letter back then but were brushed off with no compensation.
We have since thrown away any documents for the flight...

Where do we stand in relation to the current ruling on claiming??

Thanks

richardw

Yes, write again and wait for the brush off.

alberto2012

richardw wrote: »

Yes, write again and wait for the brush off.

Im presuming a 'brush off' is the standard reply?
Or should we pursue it further as encouraged by this website?

What can we do without any original documents?

cheers

eddiemacthedog

Wrote them an email on Friday disputing their reasoning for exceptional circumstances and giving the deadline for response of 21 days and got the following response rather quickly.

Thank you for contacting us again regarding your comments about your flight delay. I am very sorry that I have been unable to resolve this matter to your satisfaction.

Following your communication I have looked again at the details of your case. Whilst I understand and accept your concerns, I am sorry that there is nothing further I can add to my previous correspondence. I passed on your case for review by a senior Thomas Cook Customer Relations Manager and they consider my assessment to be fair and reasonable in the circumstances.

I very much regret that we have been unable to reach a conclusion on which we can both agree, and I hope that despite this you will consider booking another Thomas Cook holiday in the future.

Have contacted the CAA and waiting for them to investigate, next stage is small claims i suppose, thinking of using one of these companies who deal with it and take a % rather than put up with the hassle of court etc. I was looking at EUDELAY.CO.UK, has anyone had any dealings??

CM66

chili2001 wrote: »

Wow, its all go. Just got this by email:

"I am extremely sorry that you remain dissatisfied and as such I have further investigated the reason behind the delay to your flight, and would offer the following comments.

Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I would explain that the aircraft experienced an issue with the High Speed Bleed valve and the aircraft had no previous history of this defect". Then the usual blah, blah, blah, car breaking down nonsense.

Is the high speed bleed valve a reason of EC anyone?

I'm really looking forward to seeing what they send me, and i really hope its a different excuse to this one just to prove they are making things up as they go along......

jacksback

Really need help with this now.. Issued court papers for my inbound and outbound flights and received an email stating I would be paid for the inbound one but the outbound one was still being investigated. I told them I would let the court decide. When I log into my MCOL, which the date of service was 19th I see this note 'Thomas Cook Airlines Limited issued an acknowledgment of service on 18/02/2013' Does this mean they now have another 28 days to claim a defence when they won't even tell me what the cause of the delay was after asking fro 2 years!!

Thanks

cons

Centipede100 wrote: »

Looks fine but are you going to give the airline a deadline by when you want a reply or you will proceed to commence court action without further notice?

hi yes centipede, i used the letter one first page, i just posted the middle snippet which has my flight details

thanks for your help in this topic

Gorbar

eddiemacthedog wrote: »

Wrote them an email on Friday disputing their reasoning for exceptional circumstances and giving the deadline for response of 21 days and got the following response rather quickly.

Thank you for contacting us again regarding your comments about your flight delay. I am very sorry that I have been unable to resolve this matter to your satisfaction.

Following your communication I have looked again at the details of your case. Whilst I understand and accept your concerns, I am sorry that there is nothing further I can add to my previous correspondence. I passed on your case for review by a senior Thomas Cook Customer Relations Manager and they consider my assessment to be fair and reasonable in the circumstances.

I very much regret that we have been unable to reach a conclusion on which we can both agree, and I hope that despite this you will consider booking another Thomas Cook holiday in the future.

Have contacted the CAA and waiting for them to investigate, next stage is small claims i suppose, thinking of using one of these companies who deal with it and take a % rather than put up with the hassle of court etc. I was looking at EUDELAY.CO.UK, has anyone had any dealings??

We are using eudelays.co.uk & so far they have been very efficient, my motto a little is better than nothing. I know from what they have told me that they have got a few TC claims

jacksback

Centipede100 wrote: »

They do, be patient your legal claim may not come up for a hearing until June...

Really!! I don't understand how they can do that when they won't tell me what the cause of the delay was,, how do they get away with that?? Can I ask them to send me the cheque they were offering for the inbound flight now then??

Thanks

chili2001

How does this sound? It's my reply to the latest EC claim nonsense from TC:

Dear Sir or Madam,

Thank you for your reply dated 19th February with Reference number: ************************.

In your letter you quote “Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I would explain that the aircraft experienced an issue with the High Speed Bleed valve”

Technical issues cannot be described as 'extraordinary circumstances' under regulation 261/2004 as follows:

Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.

Please also see the court ruling of Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA (C549/07).

If you continue to avoid paying me the compensation you owe then it will force me to proceed with court action and will be using these articles in my prosecution of Thomas cook.

Again, I will give you 14 days from the date of this letter to fully comply with my claim.

Yours faithfully,
***** *****.

Note: Feel free to use this as a template everyone just change any red text to suit your own information.