Flight delay and cancellation compensation, Thomas Cook ONLY

grazzzz

21yrold wrote: »

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

I like it and ook up the definition in the oxford english to see what the meaning of Extraordinary is use it in your defence

Mark2spark

21yrold wrote: »

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

That's fine Neil. You could cut it shorter really though. Just say they have failed to provide the reason for the EC as required by the Regulation EU 261/2004 and that in 14 days blah blah blah

cardigan29

Wrote letter in Nov to Thomas Cook asking for compensation for delayed flights for 4 of us on 23/07/2012 (TCX2527 Dalaman, Turkey to Manchester - delayed by 4.5hrs)

I never knew the reason for the delay but they wrote back in Feb enclosing a voucher for £1420.

I have asked for a cheque instead but am pleasantly surprised to get this far.

maghater

cardigan29 wrote: »

Wrote letter in Nov to Thomas Cook asking for compensation for delayed flights for 4 of us on 23/07/2012 (TCX2527 Dalaman, Turkey to Manchester - delayed by 4.5hrs)

I never knew the reason for the delay but they wrote back in Feb enclosing a voucher for £1420.

I have asked for a cheque instead but am pleasantly surprised to get this far.

nice to know there are some winners out there. Gives us all a bit of hope

Jonathan7766

Hi All,
We've just received the first rejection letter from TC for a 26 hour delay Ex Dalaman to Belfast in October....i'm trying to find an example of how we should respond, I was going to go with the one above in red, but have notice a few people saying to shorten it, does anyone have an example they wouldn't mind sharing?

Davidvgoliath

What strikes me about reading back through all the entries on this forum, especially the most recent one's, is the apparent randomness of TC's responses - some seem to get offered thee statutory compensation (usually in vouchers, but follow up requests for cash seem to be accepted), whilst others, like myself, seem to have battled for years without getting anywhere.

I have (as far as I can determine from the limited information TC have given me - like getting blood from a stone) a decent case, and I have invested many hours researching the law, but TC wont shift and I have now had to resort to the small claims track of the courts.

Has anyone else who has had to resort to the courts gained their compensation either because TC have not bothered to defend, or admitted liability before it actually went to court?

onashoestring

Thanks to MSE I have received £1590 compensation from Thomas Cook.

I will not bore you with the details of our tedious delayed flight from Birmingham to Hurgarda with our 4 yr old back in Jan 2011.

I learnt that I could claim compensation from this website, I did not have any of our boarding passes, but as it had been such a horrible ordeal and with nothing to lose; I thought I would try & claim compensation anyway.

8 Nov - I sent a letter(used the template provided)

14 Nov - I received the standard TC reply " Our booking conditions state that a letter of complaint or claim for compensation should be sent to our Customer Relations Department within 28 days of their return from holiday".

I replied "the regulations do apply to package holidays and claims can be made within 6 years of the incident.I await your reply within 28 days."

4 Feb -As hadn't heard from them I wrote to tell then I would refer the case to CAA.Within a week I received a voucher for £1590. I politey replied that I had already booked my holiday for this year and requested a cheque instead.


I received the cheque today.

• • • :jThank you MSE

jacksback

Davidvgoliath wrote: »

What strikes me about reading back through all the entries on this forum, especially the most recent one's, is the apparent randomness of TC's responses - some seem to get offered thee statutory compensation (usually in vouchers, but follow up requests for cash seem to be accepted), whilst others, like myself, seem to have battled for years without getting anywhere.

I have (as far as I can determine from the limited information TC have given me - like getting blood from a stone) a decent case, and I have invested many hours researching the law, but TC wont shift and I have now had to resort to the small claims track of the courts.

Has anyone else who has had to resort to the courts gained their compensation either because TC have not bothered to defend, or admitted liability before it actually went to court?

Sounds a lot like mine,, been trying for 2 years to get a reason for the delay and just can't get an answer out of them. I have got about 30 pages of emails. Will let you know after tomorrow as they have issued an acknowledgement of service and have until tomorrow to submit a defence,, will be interested to hear what it is!!

lee111s

I replied with:

I've had a look online and discussed this with other customers who habe been paid compensation and I do not need to provide proof that I was on the flight. Your systems will show that the holiday was booked and attended. I out it to you to proove that I wasn't on the flight.

I would like a response providing me with the reason for the delay, along with confirmation that a refund of €2000, paid in sterling, at the exchange rate on the day of the delay will be paid. You have 14 days to provide this. If I don't recieve a satisfactory reply, I will refer this to the CAA and if necessary refer this to the small claims court.

Best wishes,

Lee

Let's see what sort of response I get!

chili2001

lee111s wrote: »

I replied with:

I've had a look online and discussed this with other customers who habe been paid compensation and I do not need to provide proof that I was on the flight. Your systems will show that the holiday was booked and attended. I out it to you to proove that I wasn't on the flight.

I would like a response providing me with the reason for the delay, along with confirmation that a refund of €2000, paid in sterling, at the exchange rate on the day of the delay will be paid. You have 14 days to provide this. If I don't recieve a satisfactory reply, I will refer this to the CAA and if necessary refer this to the small claims court.

Best wishes,

Lee

Let's see what sort of response I get!

I would read it through again and do a spell check first!