Flight delay and cancellation compensation, Thomas Cook ONLY

GEORDIEJOHN1982

Im just letting people who answered my previous questions about my delayed flight with Thomas Cook that my claim was a success and have compensated us £1524 (£508x3) but have offered vouchers, do I have to take these or can I ask for money as I can't afford another holiday anytime soon.

Thanx.

JPears

In a word - No

Karen14

I have looked through the faq's and seen that this statement isn't valid - but are there any guidelines / templates on what to respond with?

This is the response from TC:

Here at Thomson Airways, we are committed to on-time performance across our
flying programme. Doing everything we reasonably can to get our aircraft to
their destinations, and you on holiday, safely and on time is really important
to us.

We invest significantly in operational initiatives, engineering excellence and
having a modern fleet; they all help to keep the frequency and duration of
delays to a bare minimum. As a result, for the past few years, Thomson Airways
has been one of the best performing airlines in the UK and has been able to keep
the title of most on-time charter airline.

Very occasionally, though, and despite our very best efforts to prevent delays,
they can occur and we are truly sorry that your flight was delayed in the way
that you have described.

Delays are always a disappointment for us, not only in respect of the effect
that they have on passenger enjoyment and comfort, but also as there is a real
financial cost to us in circumstances which are almost always not our fault.
That cost makes offering the best value fares and holidays much more of a
challenge.

In a limited number of circumstances Regulation 261/2004 of the European Union
("the Regulation") now entitles some affected customers to a payment when their
flight is delayed over three hours on arrival.

The European Court of Justice has confirmed that, as the Regulation doesn't say
how long passengers have to bring their claims, we need to look at our national
law. The Supreme Court in the UK has said that all claims to do with
"international carriage by air" are subject to the framework of the Montreal
Convention which provides that claims need to be brought within two years. We,
therefore, can't consider claims for flights that were delayed more than two
years ago.

Keeping an eye on the purpose and spirit of the Regulation and doing that while
continuing to deliver real value to our customers is a challenge that can only
be met by applying the law robustly and not making payments where there is no
entitlement. If we didn't apply the rules in this way, prices would need to rise
for you and all other customers.

Thank you for taking the time to contact us. And rest assured that we are doing
all we reasonably can to ensure that your future flights with Thomson Airways

Thanks

Vauban

Karen14 wrote: »

I have looked through the faq's and seen that this statement isn't valid - but are there any guidelines / templates on what to respond with?

There are three or four links in the FAQs that deal with this, including the Dawson case. Search for that on these forums (or elsewhere) if you want to see the latest.

There's no template - you could simply write to the airline to say they are incorrect. But they will reply that the matter is going before the Court of Appeal, so any claim should await that.

Make sure you start any legal action within six years though ...

111KAB

http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20132478

Alex444

Im just letting people who answered my previous questions about my delayed flight with Thomas Cook that my claim was a success and have compensated us £1524 (£508x3) but have offered vouchers, do I have to take these or can I ask for money as I can't afford another holiday anytime soon.

Thanx.





Tell them you want cash, they will do a BACS transfer once they have your Bank details, takes 10 working days max.

Ju499

murty wrote: »

I had my "day in court" on Friday and the Judge awarded TC a 3 month adjournment. TC made their application 3 days before the case (having written to me 6 weeks earlier - i refused my permission) - Judge wasn't happy with such a late postal request so made them attend court in person but still granted their request. His view was that I was in a no lose position - if the appeal failed then my case was strengthened (TC solicitor stated that TC would have no choice but to pay all claims where there was Technical reasons for the deal) and if the appeal was successful then my claim would still be the same (relying on Wallentin and Sturgeon). I made my objections (wasn't relying on Huzzar, the fact that an appeal hadn't even been granted yet and that it was going to take considerably more than 3 months). However Judge had clearly already made up his mind and stated that he couldn't make a ruling in this case knowing there was a very similar case going through a higher court. All very frustrating :-(

thanks for that Murty. V frustrating indeed. In my opposing letter, (no actual application made by thomas cook - just a suggestion in their letter to the court) i point out that my co claimant, who lives in the isle of man has booked and paid for flights. Hoping this will ensure my case will go ahead. Like you, pointed out Wallentin is the case i am relying on, but am fearful that the D.J will just stay it, as its easier for them!!!!

V frustrating that they are doing everything at the last minute, and not following proper procedure, but it is us who are waiting for compensation.

Ill keep an eye out for you and how you get on.

Thanks again for the update.

Ju

Ju499

Vauban wrote: »

Ju499 - If you want to PM your email address, I'll send you something that I hope will be useful.

Hi Vauban, ive tried to send a p.m

not sure if its gone as it doesnt appear in my sent box!.

if not, can you pm me and ill reply with my home e mail.


many thanks

Ju499

powergen7

We are just in the middle of a claim with Thomas Cook, We had a 3 hour delay on our outbound flight from Manchester to Turkey, and a 41/2 hour delay on the way back. Thomas Cook have admitted fault and offered £682 per person (total £2728) compensation which is excellent.

However, there were 5 passengers which should add up to £3410.

When I queried this with Thomas Cook they said that our booking shows a free child place ( 13 year old child ) and they will not pay compensation for this person. Is this correct I ask, irrelevant of this, this passenger was still delayed. They tell me that this is the ruling but I am not sure. Can anyone help or advise.

Thanks

richardw

The regulation says that if a fare is not paid then no compensation is due.

But IMHO there's no such thing as a 'free' child place and the revenue they received was for 5 passengers.