Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

ajh001 wrote: »

If I was delayed due to the previous flight having tech issues therefore a knock on delay to my flight how can I get that info? Do I need to get it? Just trying to get all my info together before issuing NBA & starting court action.

This is frustrating and unreasonable, but if TC aren't telling you the reason for the delay it doesn't sound terribly convincing (it's rather like when !!!! films are released to the cinemas, but not given advanced screening to critics!).

All you can do is start legal proceedings, and then the airline will have to come clean with four weeks with their defence. Their behaviour up to this point will not impress a judge, I suspect.

bootleggeruk

Hi Again,

Sat down for 2 hours last night reading the FAQ and this forum in particular and have emailed the CAA with my claim as well as Thomas Cook.
Do i just sit and wait now to find out what the CAA find? or are there any other avenues a can go down when trying to find out the exact cause of delay?
Quote"...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."

Thanks again

Vauban

bootleggeruk wrote: »

Hi Again,

Sat down for 2 hours last night reading the FAQ and this forum in particular and have emailed the CAA with my claim as well as Thomas Cook.
Do i just sit and wait now to find out what the CAA find? or are there any other avenues a can go down when trying to find out the exact cause of delay?
Quote"...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."

Thanks again

The only other thing you can do, as I said in the post immediately above yours, is to start legal action and they will need to defend with some detail or concede the case.

You sure about going to the CAA, even after reading the posts on here?

superowls

Vauban wrote: »

You sure about going to the CAA, even after reading the posts on here?

They might have a reply saying "we have passed the case back to TC" by the time the Huzar appeal (the actual one, not the permission to appeal) is heard!!!!

batman44

superowls wrote: »

They might have a reply saying "we have passed the case back to TC" by the time the Huzar appeal (the actual one, not the permission to appeal) is heard!!!!

long time no see superowls! They well do pass it back to TC but that will not make any difference to TC, as with my case.

len49

Afternoon all

I’m looking for some expert opinion on the point in time (how long before) when the accommodation referred to in the ‘Right to care’ (below) should kick in.
261/2004, Article 9, 1b & 1c Right to care

1. Where a reference is made to this Article passengers shall be offered free of charge

(b) hotel accommodation in cases where a stay of one or more nights becomes necessary, or- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other)’[/I][/I][/I]

My own delayed TC flight should have left Palma at 11.00 am. An initial delay of 5.5 hours, due to knock on effects of weather the previous day, in another part of Europe. This was followed by a technical failure when the “rescue plane”, sent to collect us, failed to take off when we boarded in Palma, resulting in a further delay of 11 hours, whilst an engineer and parts were sourced from the UK. Shortly after the technical failure occurred TC knew we were in for a long wait but continually blanked passengers requests for hotel accommodation. We eventually departed at 3.30 am the following day making a total delay of 16.5 hours on arrival in Glasgow. Incidentally, this was 22 hours after being picked up from our TC holiday hotel in Mallorca.

The ‘care’ lavished on delayed passengers by TC consisted of an 8 euro voucher issued at the check-in gate at approx. 9.00 am and then another 15 euro voucher about 8.000 pm, 3.5 hours after we were turfed off the ‘gone tech’ plane.

As you can imagine the vouchers did not go very far in an airport departure lounge that was rapidly running out of supplies. However the biggest scandal was how TC handled the requests from mothers with young babies who were, like the rest of us, stranded, but in a much more vulnerable and exhausted position. After listening to the mothers pleas for nappies and foodstuffs for their babies TC’s ground staff were despatched to seek supplies off-site. They later returned with one small pack of disposable nappies and two jars of Cow & Gate, spoon fed, baby food. This, they actually expected to be split amongst approximately 10-12 young mothers for their babies!

After being totally ignored by TC for over 2.5 years, I’ve been to court for a Preliminary Hearing and back again for a Proof Hearing which we couldn't complete as we ran out of time on the day. We reconvened three months later, in December 2013 but the case was sisted (stayed) pending the outcome of Huzar. Thanks to all the expert advice on the blog I believe I have enough weight on my side of a successful outcome for the 400 euros compensation, plus interest, for my wife and myself, irrespective of which way the Huzar outcome pans out. However, the failure of TC to provide accommodation and their lack of proper care for the welfare of young babies still wrankles and remains my main motive to fight on.

Any advice on how long passengers have to wait before accommodation should be provided as opposed to airlines choosing to keep them, in effect, locked in an airport departure lounge would be greatly appreciated. For the record it’s worth noting that unlike TC’s phoney e c claims, the mothers of the children held in the airport departure lounge and on the eventual flight home, created truly “extraordinary circumstances” all of their own, in the caring way they worked together sharing their own limited supplies to ensure that needy children were kept fed, watered and clean throughout the ordeal.

len49

Thanks Centipede

We were locked into the departure lounge so were not in a position to book into a hotel and the airport outlets were running out of anything remotely appetising.

Just felt like we were met with a couldn't care less, tell them anything, attitude, delivered by a Rottweiler.

Cheers

len

Centipede100 wrote: »

Sorry to hear about your ordeal.

Accommodation should usually be provided if there is likely to be an overnight stay involved. However this may be declined by the airline if it might mean that the provision of such leads to further delay i.e. if getting the passengers to and from accommodation could delay the flight, the airline is within its rights to decline this provision. In your case the airline might claim that seeing as they would have to collect or start collecting passengers from hotels shortly after midnight to ship them back to the airport in time for the flight at 3.30am there would be little point in taking them off to hotels at about 10pm or so.

However, unless you actually incurred the cost of accommodation or contributed additional funds to the vouchers provided for food evidenced via receipts, then you have no claim under the Reg to be reimbursed for such.

J_B

bootleggeruk wrote: »

Sat down for 2 hours last night reading the FAQ and this forum in particular and have emailed the CAA

In those two hours, did you not pick up on everyone's thought that the CAA are a waste of time???

bootleggeruk

J_B wrote: »

In those two hours, did you not pick up on everyone's thought that the CAA are a waste of time???

Indeed i did, sorry to say.

But feel like i have to go through the motions as to cover all bases etc...;)

chili2001

bootleggeruk wrote: »

Indeed i did, sorry to say.

But feel like i have to go through the motions as to cover all bases etc...;)

Really? After months of waiting for the CAA to respond they will either:

A: Side with you which TC will ignore so you will have to take them to court.

Or

B: Side with TC (more likely) which means you will have to take them to court where they will use this against you.

Or

C: Take everyone's advice on here and just take them to court now.