Flight delay and cancellation compensation, Thomas Cook ONLY

Roughers

Hi there,

I have received a response from Thomas Cook to my initial complaint letter, which reads as follows;

Dear Mr Roughley

I am writing in response to your email regarding your 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

I note your request for a payment under Regulation 261/2004 due to the delayed departure of your flight. With the limited information you have supplied we have been unable to trace your booking, despite searches on our reservations system. In order for us to continue with the claim we would ask you to supply one of the following documents, which will confirm that you travelled on the flight in question.

1.Your confirmation invoice (from your tour operator or your travel agent)

2.Your ticket

3.Your boarding card

Unfortunately, without the above documentation, or any other evidence that you may have that confirms you travelled on the flight, I will be unable to proceed with your claim. I look forward to hearing from you shortly and hope we can assist you further with this matter.

I have supplied them with the flight number / date of flight (06/08/2008) / time of flight and all my details.

My questions are:-
1) Do I have to supply what they are asking?
2) If so, is there anyway to obtain the details after such a long time? (maybe a data protection act request?)

I would really appreciate any assistance possible :-)

Thanks,

Roughers

richardw

They are reading this so perhaps remove identifying information from your post.

David_e

Roughers wrote: »

I would really appreciate any assistance possible :-)

Answer to the same question on the same letter sent to Mandy22164 was given by me and by chili2001 a few posts above yours.

TonyM19

Hi

Just coming up to 14 days since my initial letter went to Thomas Cook (using the template from the FAQ). No response yet. I used the address in the FAQ on page 1. Is that still valid?

Thomas Cook
Customer Relations
2-4 Godwin St.,
Bradford
West Yorkshire
BD12ST

Is my next step another copy of the same letter? Do I use the email form on their website?

Cheers

Mandy22164

Mandy22164 wrote: »

I did read you post David.

I have sent them every document I have I emailed the company I took the holiday with and forwarded the above documents to TC. I sent them all I had when I first went on the holiday, holiday invoice and flight confirmation I don't have anything else to send.

I have just received this from TC are they trying to pull the wool over my eyes and fob me off.
Cheers


I apologise Xxxxxxx I had overlooked the booking reference Xxxxxx which helped me to locate your booking.

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 the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

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 for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

Kind Regards,

Daniel McLaughlin

Customer Relations

David_e

Mandy22164 wrote: »

despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

Good grief, they really must employ some very poorly trained/advised staff!

Suggest you agree wholeheartedly with their above analysis, refer them to para 28 (below) of the judgement in Huzar v Jet2.com and ask for cash not vouchers.

28. On such an analysis the delay caused by the resolution of an unexpected, unforeseen and unforeseeable technical problem cannot be said to be an extraordinary circumstance given the Wallentin test. Air carriers have to encounter and deal with such circumstances as part of running an airline just as the owner of a car has to encounter and deal with unexpected and unforeseen breakdowns of his car.

Vauban

TonyM19 wrote: »

Hi

Just coming up to 14 days since my initial letter went to Thomas Cook (using the template from the FAQ). No response yet. I used the address in the FAQ on page 1. Is that still valid?

Thomas Cook
Customer Relations
2-4 Godwin St.,
Bradford
West Yorkshire
BD12ST

Is my next step another copy of the same letter? Do I use the email form on their website?

Cheers

Yes. Was your letter a notice before action, threatening legal action? If no, write one. If yes, er isn't it obvious?

chili2001

David_e wrote: »

Answer to the same question on the same letter sent to Mandy22164 was given by me and by chili2001 a few posts above yours.

I don't know. Anyone would think that people don't read the site fully before asking the same question over and over and over...

Vauban

Mandy: they are treating you like a fool. End this nonsense and start legal proceedings: their contempt for you and the law is disgraceful.

leehuggy72

leehuggy72 wrote: »

Hi,
We were delayed from Palma Majorca for 5 hours on route to East Midlands last year. i contacted Thomas cook and complained after looking on this site. They replied yesterday and offered 50 pound voucher to spend with Thomas cook for the 5 of us..
Last night i replied and told them no thanks and stated,

We are entitled by law to have the compensation in monetary value so a cheque or bank transfer will suffice.
secondly
I stated that on this website the calculator states that over 1500km flight distance then i am entitled to £330 per person. ( our flight was 1507km ) :j
so, my calculations for a party of 5 we can claim for £1650


today i received an email...

stating that they will give me £1344 and to phone Thomas cook to sort out bank details...

Should i stand firm and ask for the amount that i calculated or just take what they offer.. advice would be greatly appreciated

Hi
Just an update and if anyone can tell me what this reply from Thomas Cook is meant to mean that i got today after i told them that i was entitled to the £1650 after they offered £1344..?

"under the EU regulations 261 article 3 section 3,it states that this regulation does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public, sorry for any inconvenience this causes."