Flight delay and cancellation compensation, Thomas Cook ONLY

chili2001

daz1onlym wrote: »

Got a response from TC today, standard bulls### letter. We were delayed over 10 hours to Larnaca and over 7 hours on the return journey. Both described as UNFORESEEN OPERATIONAL DEFECT. the response was;

Dear Mr T####
I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.



It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.


When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.


Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation.All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the mainenance of your own car, which can break down at anytime without prior warning regardless of its service history, and would be considered completely beyond the owners control.
I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate 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,


This is laughable. Can anyone give me advice on my next action. I was thinking one last letter, asking what the Extraordinary means and i will be taking court action???? I may involve the legal reprasentative on my house insurance. Any help would be appreciated.
Many thanks

I would just go straight for the legal cover from your house insurance. I'm using mine but am having a little battle with the solicitor at the moment as they just want to send TC a strongly worded letter instead of proceeding straight to court as TC have invited me to do after my letter before action to them. Feels like going backwards to me but they said they are obligated to my insurer to keeps costs low and only use litigation as a last resort. Although ultimately they work for me and not them and as I have already exhausted all other channels I'm going to try and insist! Otherwise I can see TC giving us the run around for another year. They are claiming a technical issue for the EC. The law states technical issues aren't covered by the concept of EC. I think it's going to take a court claim for them to pay up!

Vauban

chili2001 wrote: »

I would just go straight for the legal cover from your house insurance. I'm using mine but am having a little battle with the solicitor at the moment as they just want to send TC a strongly worded letter instead of proceeding straight to court as TC have invited me to do after my letter before action to them. Feels like going backwards to me but they said they are obligated to my insurer to keeps costs low and only use litigation as a last resort. Although ultimately they work for me and not them and as I have already exhausted all other channels I'm going to try and insist! Otherwise I can see TC giving us the run around for another year. They are claiming a technical issue for the EC. The law states technical issues aren't covered by the concept of EC. I think it's going to take a court claim for them to pay up!

I share your frustration! Though in fairness I think it's possible to manage the small claims court process without legal intervention. Useful to have a lawyer confirm that you have a good case, but then full steam ahead, in my view. You've been given enough of a runaround by the airline already!

chili2001

Vauban wrote: »

I share your frustration! Though in fairness I think it's possible to manage the small claims court process without legal intervention. Useful to have a lawyer confirm that you have a good case, but then full steam ahead, in my view. You've been given enough of a runaround by the airline already!

I just don't have the time at the moment. Baby on the way in a month! If my solicitor won't go to litigation then I will sack them and use a no win no fee company.

grazzzz

lee111s wrote: »

Hi all,

Flew from Ibiza in 2011 and was delayed 3 hours 19 minutes. I've moved house since then and have no information about the holiday boking etc. this is the response I've had.

"I am writing in response to your letter regarding your travel arrangements with Thomas Cook.



It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.



With regard to your request for us to deal with your claim under EU Regulation 261/2004, the legislation does ask that the customer prove that they travelled on the flight. In order to continue with your claim, I therefore require proof of your reservation with our airline before we can proceed. I would therefore ask you to send us one of the below documents to confirm your reservation with our airline:



1. Your confirmation invoice

2. Your ticket booklet

3. Your boarding cards



Unfortunately, should you be unable to confirm to us that you had a reservation with us; we cannot accept your claim or meet with any request for compensation.



Thank you very much indeed for taking the time and trouble to write to us about your experience and we look forward to hearing from you.

Kind Regards,

Ashleigh Risk

Customer Services

Don't just book it. Thomas Cook it."

I did pay the remaining balance of the holiday on my credit card. If I provide them with a copy of the statement would that suffice? They can't expect customers to keep flight information from years ago!

Its down to them to prove you werent on it :A

grazzzz

daz1onlym wrote: »

Got a response from TC today, standard bulls### letter. We were delayed over 10 hours to Larnaca and over 7 hours on the return journey. Both described as UNFORESEEN OPERATIONAL DEFECT. the response was;

Dear Mr T####
I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.



It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.


When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.


Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation.All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the mainenance of your own car, which can break down at anytime without prior warning regardless of its service history, and would be considered completely beyond the owners control.
I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate 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,


This is laughable. Can anyone give me advice on my next action. I was thinking one last letter, asking what the Extraordinary means and i will be taking court action???? I may involve the legal reprasentative on my house insurance. Any help would be appreciated.
Many thanks

They will stick to there guns they are hoping most people wont bother with court action, just take them to court

21yrold

Can anyone please tell me of a good no-win-no-fee company to go with?

I've had the standard letter back from TC but don't feel confident proceeding court wise etc about it?

21yrold

This was the letter i got back... and below this is the letter I'm sending back to them

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

It is with regret that I note your flight with us was delayed. Whilst delays are an accepted part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

Although delays are rare, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate 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 am writing to express my disappointment at Thomas cook's failure to offer a substantive response to my request for compensation under EC Regulation 261/2004.


Technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim. If, despite this, you propose to cite such a defence, I should be grateful for:

a) full details of the alleged technical fault, including when it was discovered;
b) why you believe this alleged technical fault was not inherent in the normal exercise of the activity of your airline;

I am confident that, as the case of Friederike Wallentin-Hermann V Alitalia – Linee Aeree Italiane Spa is the recognised legal authority for what constitutes "Extraordinary Circumstances", a UK Court would determine that Thomas cook has no justification for citing extraordinary circumstances in this instance.

I must now insist that you settle it in full within 14 days or - if you intend to claim the defence of "Extraordinary Circumstances" - provide the details requested above. Unless I hear from you to my satisfaction by the 18th March 2013 I shall with regret have no option but to issue legal proceedings without further notice, with intent to recover the compensation due, with interest.

Total Amount £ 604.96 GBP

Yours faithfully,

Neil



Is this a decent reply to them? I fear i just sound amateur which i am in this field

lee111s

grazzzz wrote: »

Its down to them to prove you werent on it :A

Is this really the case or do I have to provide them with proof I was on the flight?

The only thing I can do is get the reference number from the local branch, however this won't prove I was on the flight will it? Can they realy expect people to keep flight tickets/invoices from years ago?

cons

i recieved a reply exactly 14 days after i sent

Thank you for contacting Thomas Cook.

I am sorry that certain aspects of your holiday did not meet your expectations, and I appreciate you taking the time to contact us.

We listen closely to all of our customers’ feedback, and whilst we would like to respond straight away, we sometimes need to investigate before we can provide you with a detailed response.

We deal with all complaints in date order, and we will respond to you as soon as we can. ABTA (Association of British Travel Agents) tell Thomas Cook that we must respond to you within 28 days.

If you need to contact us in the meantime, please ensure you provide your booking reference and case reference number - 16089

Regards,

so does that mean they have another 28 or 14?

maghater

Filed my N149 and reply to the defence on Friday. Have a letter from AESA (the NEB responsible )saying TC have not proven EC , have letters from Newcastle airport, and swissport admitting an error by a ground handling agent to an aircraft 10 hours before I was supposed to get onto the thing damaged it , and they are still claiming EC!.
They have really hacked me off. If a letter from the NEB is not worth the paper it is written on, why have them. Have written to my MEP with details, suggest other people do the same. We pay a fortune for the pleasure of being in the EU don't we?