Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

yeahscience wrote: »

Hi, hoping some one can help please.

We were scheduled to depart Dalaman airport (Turkey) GMTtime 23.15 14th June 2012 actual departure was after GMT21.00 15th June 2012. Thomas cook informed us this was due to a technical fault we arrived at our destination well over 20 hours late.

I contacted Thomas Cook earlier this month and was fobbed off. So asked why and said I didn't find this acceptable and today have had this reply.....

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online or call the CAA for advice on 020 7453 6888.

Am I right to be seeking compensation? Is this worth pursuing?

Any advice regretfully received.

Yes. Yes. FAQs on page one is the place to start.

yeahscience

Vauban wrote: »

Yes. Yes. FAQs on page one is the place to start.

Sorry to be a pain but part of my confusion is that Turkey isn't in the EU but I was flying to Manchester. Thomas Cook haven't used this as a get out as I thought they may. Have I a claim?

batman44

Help required, what does it mean when the CAA have told me they hold info on my incident but they can neither can confirm or deny? I have info supplied under the FOIA but the incident is not listed by what I know it was, and what the defence say the incident was. So does this mean its not any of the issues I have requested info on? Or they will not include the incident in the reports?

razorsedge

yeahscience wrote: »

Sorry to be a pain but part of my confusion is that Turkey isn't in the EU but I was flying to Manchester. Thomas Cook haven't used this as a get out as I thought they may. Have I a claim?

You were flying on an EU airline to an EU airport so the regulation EU261/2004 does apply.

yeahscience

razorsedge wrote: »

You were flying on an EU airline to an EU airport so the regulation EU261/2004 does apply.

You're a STAR! THANK YOU :T

Vauban

batman44 wrote: »

Help required, what does it mean when the CAA have told me they hold info on my incident but they can neither can confirm or deny? I have info supplied under the FOIA but the incident is not listed by what I know it was, and what the defence say the incident was. So does this mean its not any of the issues I have requested info on? Or they will not include the incident in the reports?

If I understand right, you are saying that the CAA holds information about this incident but won't tell you what it is. Separately, you've submitted a broader FOI request, perhaps for a list of incidents involving the kind of problem you believe affected your plane? And your plane is not listed?

On the latter, I wouldn't be surprised. The CAA records mandatory flight safety episodes, where airlines are obliged to report the incident to the CAA. But I would imagine that run of the mill technical failures, esp on the ground, don't normally make the list. For example I had a list of incidents involving cracked windscreens over the past 5 years - but my incident wasn't mentioned, presumably because it didn't present a flight safety issue.

On your point about the CAA, what can I add to what has been said before?

You will need to wait for the airline's disclosure of documents to know what really caused your delay, if you have exhausted open sources. Make sure that you put their assertions to strict proof!

batman44

Vauban wrote: »

If I understand right, you are saying that the CAA holds information about this incident but won't tell you what it is. Separately, you've submitted a broader FOI request, perhaps for a list of incidents involving the kind of problem you believe affected your plane? And your plane is not listed?

On the latter, I wouldn't be surprised. The CAA records mandatory flight safety episodes, where airlines are obliged to report the incident to the CAA. But I would imagine that run of the mill technical failures, esp on the ground, don't normally make the list. For example I had a list of incidents involving cracked windscreens over the past 5 years - but my incident wasn't mentioned, presumably because it didn't present a flight safety issue.

On your point about the CAA, what can I add to what has been said before?

You will need to wait for the airline's disclosure of documents to know what really caused your delay, if you have exhausted open sources. Make sure that you put their assertions to strict proof!

You are correct in what I am trying to describe. They have info but my type is not included. I have confirmation of this incident from the AAIB on what it was so why do the CAA not have it on the list? Could it be that it was not reported to the CAA as what i think it was? this means could be reported as Human error?
I have two written sources confirming the fault, but not from the CAA.

Emma2014_2

Emma2014 wrote: »

Me and my Husband were delayed for over 8 hours on our honeymoon to Lanzarote on 1 September 2011. We received 2 update letters whilst at the aiport with revised departure times on saying that unavoidable operational circumstances was the cause of our delay.

I complained to Thomas Cook on return from our holiday and got what appears to be a standard response back saying that factors outside of their control like technical problems or weather conditions can cause delay to flights. They said that there is no provision within legislation within the Airline Industry to make compensation payments if a flight is delayed and that we should contact our insurance company to make a claim. At no point in the letter did they address what the actual cause of the delay was.

Now, from my Mum telling me about seeing Martin Lewis on TV talking about claiming compensation for flight delays, I have today sent a claim through the Thomas Cook website.

I'm not holding out too much hope by looking at other posts in this forum but feel it is defo worth a try as we lost out on half a day of our honeymoon and we was only there for 1 week!

Was anybody else on this same flight?

I have been very lucky having my claim dealt with very quickly. They emailed me a reply in less than 2 weeks enclosing £678 Thomas Cook voucher. I phoned them a couple of days later asking for the cash instead and gave them my bank details. I got an email last night to say BACS payment has been made and the money should be in my account within 10 days. . Couldn't have come at a better time for me as having financial difficulties this month.

Bucket_and_spade

Claim rejected by TC - CAA referred it back to them but claim rejected again.Have put the matter in the hands of NWNF firm and am prepared to take the hit of their 25% cut if we are successful.By the way has ANYONE been told officially by TC what the exact nature of the technical fault WAS on this flight as they have refused to tell us.

David_e

Bucket_and_spade wrote: »

Claim rejected by TC - CAA referred it back to them but claim rejected again.Have put the matter in the hands of NWNF firm and am prepared to take the hit of their 25% cut if we are successful.By the way has ANYONE been told officially by TC what the exact nature of the technical fault WAS on this flight as they have refused to tell us.

I'm not sure which are the airlines that habitually fail to provide details so I don't know if TC are better or worse. It's not helpful to you but I always assume that if they had a killer convincing EC excuse, they would spare no effort in telling you.

I see you are going down the NWNF route but, if you were taking your own case, I would make sure that the airline's failure to disclose was highlighted. Anything that demonstrates unreasonableness on the part of the airline might just help (a bit) in any costs or interest decisions made by the judge.