Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Duplicate post. The wording states that "The Regulation [261/2004] shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public".


Unfortunately if you did receive an employee concession (ie reduced fare) then Thomas Cook are within their legal right.


The fact that they have denied you after indicating you would receive is a stupid mistake but unfortunately counts for nothing - you think they would have had the courtesy and common sense to a least offer a token/goodwill amount.

gb61

hi all,
any advice on what to do next?, I applied through a nwnf agent to process my 2 claims for flight compensation last September.
I had an email confirming that I have just cases.
I have had 2 emails since stating that the process is taking a while but they are waiting to here from Thomas cook, This is taking far to long (am I right in thinking?) would I be able to process my claims with another nwnf agent? Any advice would be grateful.. bb

111KAB

gb61 wrote: »

hi all,
any advice on what to do next?, I applied through a nwnf agent to process my 2 claims for flight compensation last September.
I had an email confirming that I have just cases.
I have had 2 emails since stating that the process is taking a while but they are waiting to here from Thomas cook, This is taking far to long (am I right in thinking?) would I be able to process my claims with another nwnf agent? Any advice would be grateful.. bb

Depends upon the terms and conditions of the Agreement you entered into with the no win no fee. In addition a vast majority of claims are being held up due to clarification required in respect of the Huzar -v- Jet2 Appeal. Contact your existing NWNF and ask for an update whilst reading through your existing arrangement.

Gorbar

gb61 wrote: »

hi all,
any advice on what to do next?, I applied through a nwnf agent to process my 2 claims for flight compensation last September.
I had an email confirming that I have just cases.
I have had 2 emails since stating that the process is taking a while but they are waiting to here from Thomas cook, This is taking far to long (am I right in thinking?) would I be able to process my claims with another nwnf agent? Any advice would be grateful.. bb

We changed NWNF after they informed us that they could not go ahead because they were getting nowhere with the CAA, it's now in the hands of Bott & Co, and stayed

dk250

i also have a second claim in with Thomas Cook on behalf of my parents. This was a recent flight which was delayed by over 6 hours from Manchester to Antalya on 21st June. However Thomas Cook chartered a plane from Pegasus Airlines for this journey.

I submitted a claim through the Thomas Cook website as it was booked as a package through them. today i contacted them as it ha been 28 days to say that as they were not the operating airline then they will not process a claim and i should contact Pegasus Airlines. When i contacted Pegasus Airlines - guess what they said? that i should contact Thomas Cook as they charter the plane and therefore it is down to them to compensate package holiday guests. Advice needed please.

111KAB

dk250 wrote: »

However Thomas Cook chartered a plane from Pegasus Airlines for this journey.

Advice needed please.

Pegasus were the operating carrier and therefore responsible however getting money out of them may be difficult. Whether Pegasus or TC the likelihood is court action and if you/it goes that far then list them both as defendants - that way one of them will wake up to their responsibilities.

batman44

dk250 wrote: »

i also have a second claim in with Thomas Cook on behalf of my parents. This was a recent flight which was delayed by over 6 hours from Manchester to Antalya on 21st June. However Thomas Cook chartered a plane from Pegasus Airlines for this journey.

I submitted a claim through the Thomas Cook website as it was booked as a package through them. today i contacted them as it ha been 28 days to say that as they were not the operating airline then they will not process a claim and i should contact Pegasus Airlines. When i contacted Pegasus Airlines - guess what they said? that i should contact Thomas Cook as they charter the plane and therefore it is down to them to compensate package holiday guests. Advice needed please.

Pegasus are a Turkish airline so Thomas Cook booked and chartered the airline, TC are liable.

261/2004 Regs
(6) The protection accorded to passengers departing from
an airport located in a Member State should be extended
to those leaving an airport located in a third country for
one situated in a Member State, when a Community
carrier operates the flight.

(7) In order to ensure the effective application of this Regulation,
the obligations that it creates should rest with the
operating air carrier who performs or intends to
perform a flight, whether with owned aircraft, under dry
or wet lease, or on any other basis.

Fire a letter back and quote the regs.

batman44

111KAB wrote: »

Pegasus were the operating carrier and therefore responsible however getting money out of them may be difficult. Whether Pegasus or TC the likelihood is court action and if you/it goes that far then list them both as defendants - that way one of them will wake up to their responsibilities.

Not so apparently if I read it right. See my post above.

ceh209

ceh209 wrote: »

9 hour delay from Bristol to Enfidha on 31 May 2014 on TCX7294....

finally got a response from Thomas Cook agreeing with my claim :j
offering vouchers for our next holiday :mad:

writing the letter of complaint to point out we can have cash as we speak...

Update: They very quickly replied to the letter by phoning my OH (whose name it was all booked in) to explain why they wanted to give us a voucher (so they could make sure everything went right on our next holiday). OH was very good and insisted we wanted cash, a couple of weeks later and £657 (€800) is sitting in our bank account :j

That was TCX7294 BRS-NBE 31/05/14 9 hour delay

dk250

Although i understand that i am not supposed to be entitled to any compensation my argument is the failure of Thomas Cooks initial investigation in which i was offered compensation is not my fault and i believe that they should honour the intial offer and taken there mistake on the chin. not even a good will gesture will be considered by Thomas Cook.

therefore my next step was to log a complaint with the CAA,

Dear Mr K

Thank you for contacting us again about your flight.

I’m sorry you are unhappy with the decision that has been made.

As the booking was placed under an Employee Concession (discount) under Thomas Cook's Terms and Conditions we cannot pay any compensation for this flight delay.

If you remain unhappy with the decision, your claim can be referred to the Civil Aviation Authority and they will contact us directly. Full details can be found online alternatively their address is

CAA House
45-59 Kingsway
London
WC2B 6TE

Also your complaint can be considered under ABTA’s Arbitration Scheme. There is a charge for using this scheme and this can be up to £264.00. Full details of this scheme can be found online at , alternatively their address is:

ABTA Ltd
30 Park Street
London
SE1 9EQ

I hope I have now clarified our final position on your case and am sorry that I have been unable to resolve this to your satisfaction. This will be the last correspondence sent from Thomas Cook regarding this issue.

Kind Regards,



Customer Relations