Flight delay and cancellation compensation, Thomas Cook ONLY

sparky123456_2

sparky123456 wrote: »

March 2014 email from CAA to inform us that thomas cook had now agreed that our flight delay of 24 hours did not fall under the extraordinary circumstances. And had therefore thomas cook had agreed to pay us compensation. We were requested to give TC 4 weeks, which took us to mid April . When i got in touch with thomas cook all they kept saying was that a letter was on its way out this letter never arrived. All the managers they lied to me saying it had been sent out, then all of a sudden end of May letter arrived saying we were now out of our time limit as 6 years expired on the 26th of May. The company is one big lying !!!!!!!. I had presumed that as they had agreed payment they couldn't go back. 1st letter of complaint went TC jan 2013. CAA are going back to them , and have said we can still go to court as they did agree to pay out b4 time.

After a lot of phone calls to Thomas Cook with an insistent of speaking to a manager (they do say non available to which I responded I will stay on the phone, eventually one came to the phone). I again went through everything with the manager Scott and promised to get back to me in 2 days. I have now received an email.
TC have changed their decision and are now awarding payments to customers on this flight. They apologised and will be transferring the funds into my bank account.
Do not give up. I will let you know when they have paid out.:beer::j:T;)

endaf

beanie65 wrote: »

At the moment we are at a stalemate. I advised them I was going to seek legal action in my last email, I have had no response from them since. I can only assume they are hoping I will go away. I also can't find any flight stats for my flight showing the delay. Could it be because they changed planes. We are awaiting to hear from CAA and also the outcome of the Jet2 case. Does anyone know if I should cash the £100pp cheque we received initially or should I just leave it. Any advice would be greatly received

Stick with it! im waiting for my reply from them at the moment, expecting the usual fob off but i'll be taking it to court! the way we were all treated that day was a farce.
if i were you, i wouldnt cash that cheque (they didnt even send me that! another of their failings!)
im in this for the long haul, id be even willing to do some sort of class action against them from as many of the passengers that day we can track down!
funnily enough i couldnt find anything on line about the flight stats, a conspiracy on their part?!
stick with it & lets get them to take responsibility for the complete lack of custoemr service!

Tammycat

HellyB wrote: »

I asked what the safety fault was and TC refused to answer

I had the same response to a claim on flight TCX7019- near 5 hour delay from Lanzarote to Cardiff on 12th June 2014- I will also go back to them and ask them to define the safety issue before progressing claim- thank you

harley_chick

chili2001 wrote: »

They can't offer less for cash. This is a lie and also totally against the regulations. Phone them back and get the full amount of cash.

Thanks for your reply. I was happy with the voucher BUT, having your response at the back of my mind, and having been through all the Thomas Cook and Airtours, etc, brochures, nothing 'floated our boat' to use the voucher for, plus we are not that keen on flying now and have been doing cruises for a while so, after your reply to ring them back, I did!! The customer adviser was very helpful indeed and said I could indeed have the 'cash' and that they would do a BACS transfer direct to my bank. She implemented this straight away. I will see within the next 14 days how smooth this transaction was. So far (apart from wrong advice from previous customer adviser) I can't complain about their handling of my case at all. Thanks again.
:beer:

chili2001

harley_chick wrote: »

Thanks for your reply. I was happy with the voucher BUT, having your response at the back of my mind, and having been through all the Thomas Cook and Airtours, etc, brochures, nothing 'floated our boat' to use the voucher for, plus we are not that keen on flying now and have been doing cruises for a while so, after your reply to ring them back, I did!! The customer adviser was very helpful indeed and said I could indeed have the 'cash' and that they would do a BACS transfer direct to my bank. She implemented this straight away. I will see within the next 14 days how smooth this transaction was. So far (apart from wrong advice from previous customer adviser) I can't complain about their handling of my case at all. Thanks again.
:beer:

I am very glad to hear it. Let's call my advise fee 30% shall we? :rotfl:

teejay73

Hi! I am looking for some advice in relation to my delayed thomas cook flights from Antalya. A little background on the delay.

We were booked to return from our Thomas cook package holiday on Sunday 13/07/14 at 02:55 at London Gatwick, with our flight leaving Antalya at 22:25 on the 12/07/14. Upon arrival at the airport, we were told that our flight had been delayed, due to a technical issue. We were put up in a 5 star hotel all inclusive, and would be informed of our new departure time when we got to the Hotel.

At arrival to the Hotel, we were told that our new departure time would be 13:30 on the 13/07/14, thus making our arrival time 17:45 on the 13/07/14. This delay caused us some concern, as we had left our 3 children with Nan and Grandad for the week, and had to get back as they were leaving on the 13th to get back to Wales. Thomas cook at no point offered us the ability to make phone calls, so I made the necessary calls on my mobile!

On our return I was fuming. Our holiday was already a shambles due to our hotel being a complete joke, and very un-welcoming, no staff spoke English unless you crossed their palms with tips, food was poor and geared towards Germans and Russians. Our rep was next to useless, who we saw for a grand total of 35 mins!! But apart from the delay, the biggest issue we had was, our coach transfer driver on the way to our hotel, fell a sleep at the wheel and veered of the road and hit an inside lane barrier! Had it not been for the barrier, we would of dropped off a 40ft drop! Thomas cook rep said, it was bad, but the drivers work really long hours!!

So on my return I sourced info from this wonderful site, and used the template to claim compensation for our delays. We made sure to speak to the crew manager on our flight, who confirmed that the fault was technical issue, I quizzed him as to the nature of the fault and he said it was a maintenance issue. I received a email back from Thomas cook:

Dear *********

Thank you for contacting us.

We value your feedback and will look into your comments.

Your Customer Relations reference is SA343623X. Please be patient over the coming days whilst we carry out our investigations. Our aim is to respond to you within 28 days as set out by the Association of British Travel Agents (ABTA).

We will be in touch with you if we need more information so there is no need to contact us again in the meantime.

Once again thank you for taking the time to contact us.

Kind Regards

Customer Relations Team

As of now I have heard nothing back, and it has gone over the 28 day's they said. What should I now do? Really want to pursue this, and make Thomas cook accountable. Far too many people sit back and do nothing, and this is why Thomas cook and others take such a laid back approach to flight delays. I think my delay was something like 17 hours.

111KAB

teejay73 wrote: »

As of now I have heard nothing back, and it has gone over the 28 day's they said. What should I now do? Really want to pursue this, and make Thomas cook accountable. Far too many people sit back and do nothing, and this is why Thomas cook and others take such a laid back approach to flight delays. I think my delay was something like 17 hours.

You do not need to go into the history for your delay merely you were delayed over 3 hours as it is this aspect that determines the compensation. You are best to wait until Huzar is a little more down the line - read thread - and read through other various posts. As you have decided to pursue you have two alternatives - take them to court yourself (after NBA) or use a NWNF.

teejay73

111KAB wrote: »

You do not need to go into the history for your delay merely you were delayed over 3 hours as it is this aspect that determines the compensation. You are best to wait until Huzar is a little more down the line - read thread - and read through other various posts. As you have decided to pursue you have two alternatives - take them to court yourself (after NBA) or use a NWNF.

Is there a template letter to use for a NBA? I am not sure about using a NWNF as I would probably have no worthwhile compensation once they have taken their fees.

111KAB

teejay73 wrote: »

Is there a template letter to use for a NBA? I am not sure about using a NWNF as I would probably have worthwhile compensation once they have taken their fees.

There are plenty around on this forum however just to add another there is a suggested letter on Which Page - just Google

All you need to do is adjust when you think you should receive the money ie 14/21/28 days and afterwards state unless this is received you will instigate court action without further recourse. Your letter heading should also state NOTICE BEFORE ACTION.

steveeo

UPDATE:

I received my first reply back from TC, 26 days after I put the complaint in:

Dear xxxxxx

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,

xxxxx xxxxxx

Customer Relations

So it looks like I will have to wait? or is this the normal reply?

I know of passengers on the same flight that have already been paid out.

Thanks
Steveo