Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

richied wrote: »

Hi new to the forums , just got back home , we had a 15hr delay with thomas cook from sharm , we were supposed to fly out at 9 pm flight delayed , explained by captain around 11pm that they were waiting for an engineer from cairo to check plane , crew runs out of hours so flight cancelled , shipped to a poor hotel at 3am check out at 8am flying at 12 noon , we were booked into the premier inn nec before we left for parking and stay with holiday extras , as we have a 5 hour drive to get home , gets into uk at 3pm eventually gets to the premier inn night lost , so we make our way home , looking at the forums what sort of chance of compo would i get for the delay and also for the hotel loss

You are due compensation for delay (261/2004) but be ready for a battle. Airline will not compensate you for Premier Inn but your holiday insurance may cover. Read FAQ's

Caz3121

richied wrote: »

looking at the forums what sort of chance of compo would i get for the delay and also for the hotel loss

EU compensation is a fixed sum dependent on distance. Airlines are not responsible for consequential losses such as the hote, you could look to see if your travel insurance will cover that but may not be worth it depending on excessl

lharcus

Hi,

Just received the following from TC in relation to a 9 hour delay returning from Dalaman to Bristol on 29th June 2014;


We are writing in response to your most recent letter following your flight with Thomas Cook Airlines.

Firstly, we would like to extend our sincere apologies for the delay you experienced on your flight. Please be assured On Time Performance is a key measure for us, and we do work extremely hard to get our customers to their destination on time, and in the vast majority of cases this does happen. We do, however, regret the impact to your travel plans on this occasion.

We have carried out an investigation as to the cause of delay that you experienced and can confirm that this was due to a technical fault which was not inherent in the normal course of activity. A recent court case, Huzar vs Jet2, has been heard in the court of appeal, which has resulted in a change to how EC 261/2004 is interpreted, which is the Regulation that supports governance on compensation payments for flight delays. The decision of this case is due to be appealed at the Supreme Court by Jet2.com in the near future, which may result in a further change to the interpretation of regulations.

In view of this, Thomas Cook will be deferring a review of your case until such time as further clarification is received on the EC 261/2004 Regulations . We will continue to monitor any developments, and we will ensure an updated message is posted on our website with regard to our revised position following the outcome of the appeal. You will be required to re-approach us once the appeal has been heard and your case will then be reviewed against the appropriate guidelines.

Once again please accept our apologies for the delay to your flight, and I hope the above explains why we are unable to review your case at the present moment in time.

Kind Regards,

Customer Relations


Does this mean I need to wait 'indefinately' or is there something I can do to move my claim forward? Appreciate any advice.

Thanks

111KAB

lharcus wrote: »

Does this mean I need to wait 'indefinately' or is there something I can do to move my claim forward? Appreciate any advice.

Suggest you read Huzar thread for background but nothing you can really do until that case resolved.


https://forums.moneysavingexpert.com/discussion/4815669

spaceaarvark

111KAB wrote: »

Suggest you read Huzar thread for background but nothing you can really do until that case resolved.


https://forums.moneysavingexpert.com/discussion/4815669

Hi, been away from this forum for a while since the successful resolution of my claim against Thomson, but now in the process of helping my daughter with a claim against Thomas Cook, and having read Iharcus' post I am expecting a similar response.


Surely there is nothing to stop Iharcus (and us) kicking off a small claim despite Thomas Cook 'deferring a review' of their case?


There have already been umpteen County Court judgements accepting that technical faults are not a valid defence, and it seems a bit strange that the Huzar case should now be used as a delaying tactic by the airlines!

WPC123

spaceaarvark wrote: »

Surely there is nothing to stop Iharcus (and us) kicking off a small claim despite Thomas Cook 'deferring a review' of their case?

Correct and that way you will put down a 'marker' re possible interest payments however your claim is likely to be stayed and there is the very outside possibility the Supreme Court may find in favour of Jet2.

spaceaarvark

OK - I have read back a bit now (I know - I should have done that before!) and seen references to all cases being stayed in advance of the Supreme Court ruling.


So...


1. Is this really true (no cases relating to technical failures currently being heard)?
2. Anyone have any idea when this appeal to the Supreme Court is likely to happen?
3. Even if the cases are being stayed, is it not best to get the small claim ball rolling ASAP in order to get your case into the pipeline, rather than wait for the ruling and then be part of the deluge of cases that follow? (I realise that if the SC overturned the Huzar ruling this would mean that the fee could be lost, but I really don't see that happening!)

spaceaarvark

WPC123 wrote: »

Correct and that way you will put down a 'marker' re possible interest payments however your claim is likely to be stayed and there is the very outside possibility the Supreme Court may find in favour of Jet2.

Thanks WPC - you responded while I was typing my follow-up post!

dxc_chappie

spaceaarvark wrote: »

1. Is this really true (no cases relating to technical failures currently being heard)?
2. Anyone have any idea when this appeal to the Supreme Court is likely to happen?
3. Even if the cases are being stayed, is it not best to get the small claim ball rolling ASAP in order to get your case into the pipeline, rather than wait for the ruling and then be part of the deluge of cases that follow? (I realise that if the SC overturned the Huzar ruling this would mean that the fee could be lost, but I really don't see that happening!)

1. It appears to be the case.

2. There is a view that the decision to allow/deny the appeal won't be made until October earliest. If permission is given who knows - years?

3. Individual preference I guess. If you are close to the 6 yr limit then best to start the ball rolling. Otherwise I see no harm in waiting until later this year to find out if permission has been given.

spaceaarvark wrote: »

...if the SC overturned the Huzar ruling ..., but I really don't see that happening!

I like your optimism!

111KAB

1. Is this really true (no cases relating to technical failures currently being heard)?
Yes judges are waiting for the result.

2. Anyone have any idea when this appeal to the Supreme Court is likely to happen?
Request for appeal likely to be heard in October - if allowed case will be heard summer 2015 and decision hoped for in late 2015.

3. Even if the cases are being stayed, is it not best to get the small claim ball rolling ASAP in order to get your case into the pipeline, rather than wait for the ruling and then be part of the deluge of cases that follow? (I realise that if the SC overturned the Huzar ruling this would mean that the fee could be lost, but I really don't see that happening!
Yes good idea but if Jet2 lose I expect the airlines may start to pay out before court cases in which case you may well lose your court fee and interest as no judge is going to thank you for bringing your case to court just to get fees and interest back if you have already been offered 261/2004 compensation.