Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Vinny2413 wrote: »

Thanks, but all the corresponded was with Thomas Cook Tour Operations Limited until they submitted their defence and I bought the flight ticket with them. Can the fee be claimed back?

No fee cannot normally be claimed back - just one of the many tricks the airline will play so as to 'rubbish' peoples claims.

edtheduck_2

Received formal notification from court that my case is stayed as requested by Thomas Cook. Should I not have been consulted too?
Anyway I now also have details of the alleged ECs and I'll give a scant outline here as I don't want to give too much away, though I'd be keen to get some opinions on their revelations.

Initial delay technical fault immediately prior to departure: Anti-Ice R Windshield Sensor fault - they tried to use back up and had problems loosening the pins?! It rendered plane unable to fly as it meant dispatch was not viable into known icing conditions and there was a forecast for rain at the time.Once airborne a different fault occurred with the Anti-Ice R Windshield. A possibility that a window may be required.

They burned off fuel for a while and turned back to Manchester - second technical fault. Say its due to an unexpected flight safety shortcoming.

Computer Part & windshield replaced.
Does anyone see anything extraordinary with these? I certainly do not.

They're using EC Public Guidelines:-

The first one they say
Category 24: failure of condition/on condition parts, ie parts which should not require unscheduled maintenance or replacement during normal operational service
The second one they say
Category 21: Any technical issues which cause pilot to turnaround/divert and
Category 25: failure of necessary or required aircraft systems...either immediately prior to departure or in-flight


There's other fluff in there too about crew hours etc. totally irrelevant but I think they're trying to make out that they are a responsible carrier!

Thank you.

111KAB

Ed - there is so much here to pick holes (big ones) in I'm unsure where to start but using the 'public guidelines' for starters bear in mind these 'guidelines' are not even law. They were (are?) a list dreamt up by the airlines in conjunction with the NEB/CAA to try and put people off claiming. I haven't seen reference to this list for ages - I thought the airlines had been put informed they were not legal and realised they were of no use.


The list has been questioned and indeed the EU Ombudsman is due to give her deliberation any day now - this will probably be in time for your hearing so keep an eye open as I cannot see the list being allowed to remain.


Forget the voucher thing - it is irrelevant although they did have a duty of care to look after you but this is a separate issue to your claim.


You had technical problems not extraordinary circumstances and not a safety shortcoming.

edtheduck_2

111KAB wrote: »

Ed - there is so much here to pick holes (big ones) in I'm unsure where to start but using the 'public guidelines' for starters bear in mind these 'guidelines' are not even law. They were (are?) a list dreamt up by the airlines in conjunction with the NEB/CAA to try and put people off claiming. I haven't seen reference to this list for ages - I thought the airlines had been put informed they were not legal and realised they were of no use.


The list has been questioned and indeed the EU Ombudsman is due to give her deliberation any day now - this will probably be in time for your hearing so keep an eye open as I cannot see the list being allowed to remain.


Forget the voucher thing - it is irrelevant although they did have a duty of care to look after you but this is a separate issue to your claim.


You had technical problems not extraordinary circumstances and not a safety shortcoming.

Thanks KAB

It'll be sorted out one way or another I am sure - whichever way the money is paid out, I'll be glad when it is finally over.
Yeah, not worried about the voucher just thought it was cheeky of them to mention it at all.


Thanks for giving me the heads up about the EU Ombudsman and the Guidelines - will keep an eye out.

111KAB

http://www.ombudsman.europa.eu/en/cases/caseopened.faces/en/51767/html.bookmark

Stavros1

Hi there,
We recently encountered a 12 hour delay on our return flight from Menorca with thomas cook - I want to understand if we are allowed to claim compensation from our insurance company and thomas cook or are we only permitted to make a single claim from one or the other? The claim via insurance is a small set amount, whilst the potential prize from thomas cook is substantially more depending on the outcome of the jet2 case under the new EU regs.
Thanks,
Steve

111KAB

Stavros1 wrote: »

Hi there,
We recently encountered a 12 hour delay on our return flight from Menorca with thomas cook - I want to understand if we are allowed to claim compensation from our insurance company and thomas cook or are we only permitted to make a single claim from one or the other? The claim via insurance is a small set amount, whilst the potential prize from thomas cook is substantially more depending on the outcome of the jet2 case under the new EU regs.
Thanks,
Steve

Claim from both but not travel company + insurance but airline + insurance.

beanie65

OK I have an update but need advice, TC have sent me an email in brief of the fault and why the flight was delayed. They are now saying the fault was fixed but there was an issue with the airports power supply so it is their fault not TC's fault. Damn I wish I could post the letters but it states on the bottom of all the emails that it is an offence to post it

Vauban

It's not an offence - it's just a silly effort to stop you getting advice. You are at liberty to post what you like!

chili2001

beanie65 wrote: »

OK I have an update but need advice, TC have sent me an email in brief of the fault and why the flight was delayed. They are now saying the fault was fixed but there was an issue with the airports power supply so it is their fault not TC's fault. Damn I wish I could post the letters but it states on the bottom of all the emails that it is an offence to post it

Seriously? What are they going to do if you post the letter? It's your property to do with what you like surely? Someone please correct me if I'm wrong.