Flight delay and cancellation compensation, Thomas Cook ONLY

edwolf88

Centipede100 wrote: »

Both 111KAB and David_e have alreadyadvised you what to do 2 days ago in response to your post then.

You also stated you have legal expenses insurance so please start availing yourself of the help and advice already provided to you on MSE or via your legal insurer rather than broadly repeat the same question.

my legal expenses insurance do not cover flight delay but thats not what im asking.

can i, or should i prepair for court (with the use of a solicitor) while its in the hands of caa.

these questions have not been asked before

bootleggeruk

Hi Guys;
Emailed Thomas cook regarding a flight delay to Tunisia in 2010 From London Gatwick for 2 Ad & 1ch. Delay was Nearly 5 hours, didnt have any tickets or boarding passes but had booking Reference number *********.

Recieved this reply...
(1) Thank you for contacting Thomas Cook.

We have now created a case and whilst we would like to respond immediately, we do need to investigate your concerns before we can provide you with a thorough response.

If, in the meantime, you would like to contact us by post, please quote both your booking and case reference. If you have received this via email please use the reply function. Alternatively, if you wish to call us, please quote your case reference, listed above.

Thank you again for contacting us, we will be in touch soon.

2 days later this reply.....
(2)I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause. It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation into the delay to your flight, a payment of compensation is applicable in line with Regulation 261/2004. I have arranged for a discount voucher to the value of £1017.00, which equates to a payment of £339.00 per person. This voucher will follow separately and can be used against the cost of a future holiday with us, full terms and conditions of which are on the reverse.

My Reply.....
Many thanks for the prompt reply to my claim in line with Regulation 261/2004.

Unfortunately a discount voucher will be of no use to us in the foreseeable future, so please find enclosed my bank account details for a bank transfer.

Mr **********
Nationwide Sort Code **_**_**
Nationwide Acc No ********

Yours Faithfully

Mr * ******

Today i received this.....
I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

I have re checked our records and I am sorry that I made an error with the flight and therefore there will be no compensation at this time. Please accept my apologies for the inconvenience this may have caused. Below is the reply to the flight delay that occurred on your outbound flight.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation, it would appear that the delay on this occasion was as a result of circumstances that were beyond our control. Your comments and observations have been referred to our airline colleagues as part of our Quality Control measures and I regret any inconvenience this delay may have caused.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies on this occasion and I hope that despite this other aspects of your stay were found to be an enjoyable one.

Kind Regards,

CAN someone PLEASE tell me what is my next step ?

Or do i take their word for it?

Hope someone can help me.....:money:

Thanks

Vauban

Wolf: The CAA are unlikely on balance to rule in your favour (this has been said many times), and even if the find in your favour, they cannot force the airline to pay out (said many times). Court action is the best way to get your money (said many times), and based on what you've posted here you might struggle to litigate yourself (said many times). You are under no obligation to wait for the CAA before litigating (said many times) so the advice from the people on this forum is to start court action (said many times).

You could gamble on the CAA coming good, and then the airline changing its mind. Those seem slim odds to me. So that leaves you with one alternative (clue: it's been said many times )

hungledink

Just had this response from CAA


Thank you for your patience with us while we investigated your complaint about the disruption to your flight.

We have reviewed the information available to us in accordance with the new EU guidelines about the “extraordinary circumstances” exception of EC Regulation 261/2004.

It is our considered view that the disruption of your flight is of a type which means that the airline should pay compensation to you. It appears from the documentation provided, that the disruption was within the control of the airline and could have been avoided. It is our view therefore that this disruption does not fall under the ‘extraordinary circumstances’ exception of the Regulation. As such, in our opinion you are entitled to compensation.

We have given our view to the airline and have asked them to pay compensation to you as required in Regulation EC261/2004. They have confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved.

Please allow time for the payment to be processed. If you do not hear from the airline within 4 weeks, please contact them directly with a copy of this letter.

Yours sincerely,

Paola Accardo

Took a while but seems I've been victorious!!!

edwolf88

Vauban wrote: »

Wolf: The CAA are unlikely on balance to rule in your favour (this has been said many times), and even if the find in your favour, they cannot force the airline to pay out (said many times). Court action is the best way to get your money (said many times), and based on what you've posted here you might struggle to litigate yourself (said many times). You are under no obligation to wait for the CAA before litigating (said many times) so the advice from the people on this forum is to start court action (said many times).

You could gamble on the CAA coming good, and then the airline changing its mind. Those seem slim odds to me. So that leaves you with one alternative (clue: it's been said many times )

clever git

J_B

DinkyPrincess wrote: »

But as per the terms if it states that it can be used as full payment then they have to honour this?

Yea, but the law states that they should offer you cash, and they didn't honour that did they .....

David_e

hungledink wrote: »

We have given our view to the airline and have asked them to pay compensation to you as required in Regulation EC261/2004. They have confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved.

Well done! I never thought I would live long enough to see a straightforward CAA referral success!

David_e

edwolf88 wrote: »

clever git

It's been said many times!!

David_e

bootleggeruk wrote: »

CAN someone PLEASE tell me what is my next step ?

Or do i take their word for it?

Either take their word or read the FAQs in detail and follow the advice contained therein.

Vauban

David_e wrote: »

It's been said many times!!

It is true, alas. Indeed I am often called much worse. And sometimes even without justification.