Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

David_e wrote: »

I don't think anyone recommends no win no fee lawyers as such. They are suggested as a route for people who don't wish to handle their own case.

Criticism of the CAA appears, as far as I can see, to be based wholly on the cumulative reported experience of posters.

The definitive advice given on here is to read the FAQs and relevant threads. We're all grown ups and should make our own decisions based on our own reading/research.

I see that gmar96 has been complaining that people on this site have been pushing the NWNF route:

http://www.tripadvisor.co.uk/ShowTopic-g1-i10702-k6007739-Flight_Delay_Compensation-Air_Travel.html#55598488

I think this is very unfair, and he'll get no further help from me.

Vauban

dave5416 wrote: »

To clarify. I think we have exhausted the TC and CAA route. CAA won't rule they will only pass the case back to the airline to be reconsidered.
That done the airline still claim exceptional circumstances.
the flight was delayed due to a technical issue caused by the inbound flight and by so TC claim a baggage fault at T1 which resulted in baggage having to be transferred to T2 for screening.
A number of factors.
Now we've reached the end of the line I'm going to escalate this to court action but has anyone done this in similar circumstances?
what was your experience?
This claim has been going on for a year now.

I don't know about your flight specifically, but plenty of people have done this in near identical circumstances for their own flights. Have a look at the "Court Succes" thread. Most claims are now being stayed, whilst two important judgements go through the court of appeal (Dawson & Huzar). But before that, about 90% of those who started legal action got their compensation (often the airline settles once they see you're serious).

saving*bee

if anyone could help what is the amount of compensation I should be asking for?
delayed 8-9 hours (hotel eventually provided) on a flight 2,500km
looking at the table it seems as I should ask for £330 per person and on top of this a refund of tickets?
I booked a all inclusive package holiday so I have wrote to the agency for a breakdown of costs so I can add the flight cost i'm not sure how easy these are to get and then add on a bit extra for the day of all inclusive we missed.

sound right to everyone?
(first post waahhoooo!!!!):T

Vauban

saving*bee wrote: »

if anyone could help what is the amount of compensation I should be asking for?
delayed 8-9 hours (hotel eventually provided) on a flight 2,500km
looking at the table it seems as I should ask for £330 per person and on top of this a refund of tickets?
I booked a all inclusive package holiday so I have wrote to the agency for a breakdown of costs so I can add the flight cost i'm not sure how easy these are to get and then add on a bit extra for the day of all inclusive we missed.

sound right to everyone?
(first post waahhoooo!!!!):T

You don't get the refund if you eventually took the flight (only if you didn't).

EDIT: or add extra for missed bits of holiday either! €400 per paying passenger is your lot!

David_e

saving*bee wrote: »

sound right to everyone?

If that's what it says on the FAQs then it's right.

saving*bee wrote: »

(first post waahhoooo!!!!)

? Says 4th on your profile.

Caz3121

saving*bee wrote: »

if anyone could help what is the amount of compensation I should be asking for?
delayed 8-9 hours (hotel eventually provided) on a flight 2,500km
looking at the table it seems as I should ask for £330 per person and on top of this a refund of tickets?
I booked a all inclusive package holiday so I have wrote to the agency for a breakdown of costs so I can add the flight cost i'm not sure how easy these are to get and then add on a bit extra for the day of all inclusive we missed.

sound right to everyone?
(first post waahhoooo!!!!):T

The refund of the tickets is applicable in the addition to the compensation after 5 hours if you choose not to travel. If you did fly then it is the set compensation that applies is €400

edwolf88

I’m sorry to come back again and sorry for long mail.
It seems my delay is unprecedented
I have now done loads of leg work, with some difficulty I have scrolled through pages and pages on the net and forums, and read first page on this forum without any luck, that’s why I’m getting back to you.

Thomas Cook turned my complain down saying technical fault which was extraordinary. Contacted CAA who like most got it passed back to TC without assessing and still TC is saying the same.
As my flight was not a Tec fault; denied boarding or even cancelation this is a problem trying to find what i am covered by.

I am at a loss when T.C. keep saying our plane had a technical fault which was extraordinary, when the plane scheduled to perform our flight was suddenly taken from us and transferred to another flight even after we had started boarding. The reason being the other flight had a technical-fault. So to benefit TC they made the operational decision to swap aircrafts knowingly it would cause us a lengthy delay which lasted over 24 hrs.

We had a delay of over 24 hours on a return flight from Cancun to Gatwick in July 2009 TCX72.
On the day of our return flight everything was going to plan right up to the time of our departure. Some of us passengers had even boarded and seated ready. It was at this time and in utter confusion we were all quickly ushered back off the plane and taken to another boarding gate where we could clearly see another Cook airplane waiting.

The passengers who had previously been at this other gate were also being ushered in confusion not being informed to what was happening to the plane we just got off, and while we were still waiting at this new departure gate we watched them board and take of in what was our plane.

It was at this time everyone started to demand what was happening. It was only when what was our scheduled flight had taken off they informed us that this plane had a technical fault and the part needed would be flown out from London tomorrow. When questioned over swapping planes, they answered it was to T Cooks benefit that the Manchester flight takes precedence over our Gatwick flight.

JPears

Then it is a delay. Clearly not an EC as your plane was "fit to fly" and this was purely an operational decision by TC to use a different plane. I don't think they will have any chance in court, especially if you have witnesses to the events. It will probably take court action and then they will ask for stay pending Dawson appeal....

Vauban

Edwolf88 - Apply the Wallentin test to the reason for your delay. Was it "not inherent in the operation of the airline and beyond its control"? It doesn't sound like it to me ...

111KAB

Edwolf88 - a 24 hour delay is not unprecedented - mine was 26 hours with Monarch and I am aware of delays considerably in excess of these. I took Monarch to court and the rest is history as they say. I suggest you give TC the same treatment - your flight was delayed over 3 hours you are entitled to the compensation.