Flight delay and cancellation compensation, Thomas Cook ONLY

Caz3121

leehuggy72 wrote: »

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."

So they have paid you out for 4 pax and not 5. Did you have a free child place?

Mandy22164

Vauban wrote: »

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

I sent this email back.


I agree with the statement :
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.

But I think you had better read this :

para 28 of the judgement in Huzar v Jet2.com.

And just incase for some reason you are not familiar with it I have taken time to add it to this email for you reading:

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.

I would prefer cash not vouchers.

Arthureeyore

We were delayed on this date on a TCX flight, should have flown mid afternoon, but got put back and put back due to mechanical issues. We were eventually put up in a hotel overnight and then had a further two hour delay the following day. Any one else on this flight, cant find details of flight number anywhere, any help much appreciated.

leehuggy72

Hi, The holiday we paid for was for 3 adults 2 children there was no free child place in the package...

chili2001

leehuggy72 wrote: »

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."

Told you they would say that. If you paid for a child seat that was at a reduced fare that was available to the general public then you are due compensation for the child place. If the Child went free then you are not. I would tell them this and accept the compensation offered and tell them you will proceed to Court for the other compensation for the child seat. In the eyes of the law you cannot lose as they have already admitted fault so cannot now claim an EC.

chili2001

Mandy22164 wrote: »

I sent this email back.


I agree with the statement :
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.

But I think you had better read this :

para 28 of the judgement in Huzar v Jet2.com.

And just incase for some reason you are not familiar with it I have taken time to add it to this email for you reading:

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.

I would prefer cash not vouchers.

Believe me they want you to back and forth with emails like this as it wastes time which is what they love to do. Wouldn't surprise me if you got an email back asking for 28 days for them to carry out a full "investigation" in this matter. And then will reject you again.
I know every trick in the book they will throw at you as my claim has been going on nearly a year now!
PLEASE don't waste anymore of your time. Proceed with court action or walk away.

rose.wyn

Re: Additional expenses. I've searched through this thread but can't seem to find an answer for claiming other expenses incurred due to the late return of our flight. We have actually been paid for the delay - Whoopee!! - but were out of pocket for hotel and train reservations which we couldn't use (due to our late arrival) of over £100. Can anyone please advise. We are still pursuing our outward delay - of over 8.5 hrs. They certainly know how to drag things out don't they?!

Caz3121

rose.wyn wrote: »

Re: Additional expenses. I've searched through this thread but can't seem to find an answer for claiming other expenses incurred due to the late return of our flight. We have actually been paid for the delay - Whoopee!! - but were out of pocket for hotel and train reservations which we couldn't use (due to our late arrival) of over £100. Can anyone please advise. We are still pursuing our outward delay - of over 8.5 hrs. They certainly know how to drag things out don't they?!

Compensation is at a set rate. Airlines are contracted to get you to the airport only, for any consequential losses you should look to your travel insurance although with an excess it may not be worth it

mandgandl

Hi

I initially sent a complaint via online service to which I received the below response:

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.

I then replied by email stating I was not happy with this decision and received:

Thank you for your further correspondence.

As stated in my previous email a decision has been made on your claim and there will be no further correspondence from Thomas Cook regarding this case.
Please be aware that this is Thomas Cook's full and final response to this matter and any further request for information or compensation will be declined.

I have now closed your case.

If you are still unhappy with the outcome you need to refer your claim to the CAA and they will contact Thomas Cook on your behalf.

I have since submitted another letter online on 21st with no response (yes using the online letter) - I am now in the process of posting the letter dated 21st Jan.

see how it go's as unable to get onto the online system!

David_e

mandgandl wrote: »

I then replied by email stating I was not happy with this decision and received:

Thank you for your further correspondence.

As stated in my previous email a decision has been made on your claim and there will be no further correspondence from Thomas Cook regarding this case.
Please be aware that this is Thomas Cook's full and final response to this matter and any further request for information or compensation will be declined.

I have now closed your case.

If you are still unhappy with the outcome you need to refer your claim to the CAA and they will contact Thomas Cook on your behalf.

I have since submitted another letter online on 21st with no response (yes using the online letter) - I am now in the process of posting the letter dated 21st Jan.

see how it go's as unable to get onto the online system!

They have said they won't correspond further so why write again?? You really need to read the FAQs to understand what airlines are doing (or not doing) and what you need to do if you are entitled to compensation and want to receive it.