Flight delay and cancellation compensation, Thomas Cook ONLY

bluenose33

Ok thanks, my hopes are now lowered!! I will update when hear back off Thomas cook!!

jarosmith

I have wrote a letter to Thomas cook about my delay and this was my response from them anything I can do or is that it ? nothing else ? sorry if this is in wrong place and thanks for the help reply from Thomas cook at the end




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

Caz3121

Thomas Cook thread https://forums.moneysavingexpert.com/discussion/4384693

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

111KAB

Wrong place! Thomas Cook thread + Huzar thread read and you wouldn't have needed to post!

jarosmith

am new here sorry and donno how to navigate through this site yet sorry was just looking for a step in the right direction

JPears

bumped to top.

jarosmith

am a bit slow and don't now what Huzar has to do with my claim or whats going on with it can ssome one pm me and explain sorry

Caz3121

jarosmith wrote: »

am a bit slow and don't now what Huzar has to do with my claim or whats going on with it can ssome one pm me and explain sorry

If you don't want to read the Huzar thread in the link, Google Huzar and you will get masses of info
example http://www.bottonline.co.uk/articles/huzar-v-jet2-appeal-summary
Jet2 are appealing so there will be another case

beanie65

beanie65 wrote: »

Here is the original letter of complaint I sent

Thomas Cook Airlines

Dear Sir or Madam,

Re: Compensation claim for delayed flight Booking reference: 5300/*********- Flight reference 1*********
I am writing regarding flight TCX1518 on 24/06/2014 from London Gatwick to Hurghada Egypt with the scheduled departure time of 13:50. This flight arrived 33 hours late at Hurghada Airport Egypt (10pm local time on 25/06/2014)

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were Keith W and Tina W
Our scheduled flight length was 3890km; therefore I am seeking €600 per delayed passenger in my party. The total €1200 is for all passengers.

As well as the delayed flight we are also seeking compensation for the following. The loss of a days holiday, pre booked in-flight meals per person on outbound departure as all passengers were given free in-flight meals upon outbound departure. 5kg baggage upgrade per person luggage upgrade on departure as all excess luggage was waivered.

During the delay all passengers were offered the option of going to a hotel in Folkestone or travelling home. Due to the lateness (almost midnight) we didn’t feel a hotel was visible and we had used a taxi to travel to the airport so we opted to stay at the airport overnight. Other passengers who chose the hotel option didn’t arrive at the designated hotel until 2am and then had to depart there at 9am. We were provided with vouchers for refreshments and food. We were also offered £200 which arrived upon our return. This was offered as a gesture of goodwill which is totally independent to any other claim we are seeking. Therefore we will not bank this cheque until our full claim has been processed.

Our whole holiday was a disaster from start to finish. Not only were we delayed on the 24th we were then delayed again on the 25th! It was 45 hours from the time we left our home to the time we arrived at the hotel. The accommodation was horrendous. The hotel was clearly not a 5* it was a 3 at the most. The majority of the staff were rude to the point that we complained several times to the deputy manager Mr Hamada. The food was warm and constantly running out with guests having to ask for it to be replenished. The music played in the hotel was very inappropriate. We ate in the speciality restaurant one evening and they played Smokey – Alice but the uncut versions! The animation team were playing very explicit music about oral sex, and female genitalia. Again very inappropriate. Normally we would of complained and changed hotels but due to the initial bad start and the stress it had already caused we didn’t, plus we also felt our rep would have been of little help had we complained as he was only interested in selling excursions. Instead of a nice relaxing 10 break away we were counting the days to our return. We have visited many 5* hotels with yourself and other tour operators this has to be the worst hotel I have ever visited. We did in fact spend a day at another 5* resort in Makadi Bay (The Cleopatra) This is exactly what we would of expected The Sunrise Holidays Resort to be like. Instead it was like going from the Travelodge to The Savoy!

Therefore due to the stress and delay we encountered we are seeking compensation as follows

The total delayed flight compensation sought is

Delayed Flight €1200.00

Total €1200.00

Also seeking compensation
Loss of days holiday
Mis-sold hotel rating
Loss of one nights accommodation
In-flight meals
Excess Baggage
Stress

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Yours faithfully,

Mr K W


THEY RESPONDED WITH THIS
Dear Mr W

Thank you for contacting us about your flight.

I am sorry that your flight with us was delayed and for any inconvenience that this must have caused you. We work really hard to ensure that when a flight is delayed the disruption caused is kept to an absolute minimum.

However there are a number of factors that can contribute to a delay that have to be considered, such as Airport Authorities or Air Traffic Control, before an up to date departure time can be secured. As soon as confirmed information becomes available to us we commit to telling you at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and from that we can see that the flight was delayed due to unexpected safety issues. Our Engineering and Operations Teams took all reasonable steps to minimise the delay and despite our routine maintenance schedules, which comply with CAA regulations, and the manufacturers recommendations, the problem could not have been prevented.

On this occasion under EU Regulation 261/2004 compensation would not be payable. However we do certainly understand the inconvenience that you were caused, and that is why we decided to issue a goodwill gesture of £100 per person to you.

The on-time performance of your flight is as important to us as it is to you. Once again, thank you for contacting us, and we look forward to welcoming you to travel with us again soon.

Kind Regards,

K****** T***

I THEN QUESTIONED THIS TO WHICH THEY RESPONDED
Dear Mr W

Thank you for contacting us again about your flight delay and for providing us with further details.

I’m sorry that your flight with us was delayed and based on your comments we conducted a full investigation when you wrote to us initially. Following a review of our maintenance data and an analysis of our other operations at that time we remain confident in our decision that the compensation payable in this case would be £100 per person, purely as a gesture of goodwill on our part for the inconvenience caused. This would be our full and final offer of compensation.

The Civil Aviation Authority (CAA) are the registered National Enforcement Body for Regulation 261, and we operate within the guidelines they have issued. If you remain unhappy, we can suggest you contact them about your flight delay by visiting https://www.caa.co.uk/passenger.

I am very sorry that we were unable to resolve this for you and I do hope we will have an opportunity to restore your faith in the future.

Kind Regards,

K****** t***

I THEN ASKED THIS

Good Morning K

Would it be possible for you to give me a quick call this morning. I have a meeting with our solicitor at 2pm and want to have all my facts straight etc regarding your investigation etc.

Regards
Tina W

THEY RESPONDED WITH THIS

Dear Mrs W

Here is a brief reason for the delay:

On connection of ground electric power supply aircraft was spiked and seven circuit breakers tripped out. Seven affected computers, four available loaclly other three delivered to LGW. All units replaced and significant testing and inspection required. Issue with airport power supply and not with the aircraft. Investigation being carried out at LGW.

Kind Regards,

L** b*******

I CHALLENGED THIS TO WHICH THEY RESPONDED WITH

Dear Mr W

Thank you for your email regarding your recent flight with us.

Firstly I would like to extend our sincere apologies for the fact that your journey was impacted by a delay. I would like to reassure you that we take great steps to ensure our flights depart on time, and can confirm that this type of event is rare.

I note from your letter that you wish to make a claim under Regulation 261, and you have made specific reference to the recent ruling on the Huzar vs Jet2 case. The Airline concerned have officially announced their intention to appeal the decision of the Court of Appeal , so there is currently no final legal clarification available on how customers claims should be treated in relation to technical delays. Until the appeal case has been heard, Thomas Cook will continue to use the guidance issued by the Civil Aviation Authority (CAA), who are the UK’s National Enforcement Body (NEB) for Regulation 261.

In this particular case, the technical delay associated with your flight does fall within the guidelines issued by the CAA as “extraordinary circumstances”. A payment under EU Regulation 261/2004 would not, therefore, be applicable in this case. However we do understand the inconvenience you were caused, and that is why we have offered a goodwill gesture of £100 per person.

I trust that our foregoing remarks have clarified our position, and I would repeat our apologies for the delayed departure of your flight and would assure you that this is not reflective of the high standards we strive to achieve within Thomas Cook.

Kind Regards,

K****** T***

I WAS STILL NOT HAPPY SO I CONTACTED GATWICK

From: KeithandTina
Sent: 19 July 2014 13:22
To: DD - Gatwick Enquiries
Subject: COMPENSATION FOR DELAYS
Importance: High
My flight TCX 1518 scheduled to Hurghada on 24/06/14 at :13:50 was delayed until 25/06/14 at :15:20. The airline Thomas Cook have said under EU Regulation 261/2004 we are not entitled to compensation for 25.5 hour delay, due to ‘Extraordinary Circumstances’ however they have stated that the issue was caused by the power supply to the aircraft at LGW. Thus making the fault yours and not theirs. Please advise me on my compensation options and how I claim against LGW.
Regards
Keith & Tina W

From: DD - Customer Services
Sent: Monday, July 21, 2014 9:17 AM
To: keithandtina
Subject: RE: COMPENSATION FOR DELAYS
Good morning Keith
Thank you for your email.
I’ve looked into this delay and I can confirm that Thomas Cook Airlines did an aircraft change and there was also restrictions with Air Traffic Control that affected flights. There was no disruption at Gatwick Airport, therefore we wouldn’t offer compensation for any flight delays as it’s the airlines responsibility to provide the appropriate welfare during a flight delay.
Kind regards
Jamie Moore
Customer Services

From: KeithandTina
Sent: 21 July 2014 09:40
To: DD - Customer Services
Subject: Re: COMPENSATION FOR DELAYS
Importance: High
Good Morning Jamie
Thanks for the reply. However I am not fully satisfied with your reply.
Thomas Cook are denying all liability for the delay stating the highlighted passage below as the reason. We were initially delayed for 2 hours due to French ATC strikes however we were able to board our aircraft then asked to disembark before take off due to technical issues. They way I read their email is that your equipment was faulty.
Please advise me further as someone is accountable in our eyes for our 25.5 hour delay.
Regards
Tina & Keith
Here is a brief reason for the delay:

On connection of ground electric power supply aircraft was spiked and seven circuit breakers tripped out. Seven affected computers, four available loaclly other three delivered to LGW. All units replaced and significant testing and inspection required. Issue with airport power supply and not with the aircraft. Investigation being carried out at LGW.

From: DD - Customer Services
Sent: Monday, July 21, 2014 10:04 AM
To: KeithandTina
Subject: RE: COMPENSATION FOR DELAYS
Dear Tina and Keith
Thank you for your email.
I’ve spoken with our Gatwick Control Centre who monitor all aspects of the airport operation and they have no information on any airport fault affecting aircraft, this was the only aircraft affected by any power issues, therefore any claims for compensation would need to be directed to the airline who your contract is with.
Again, thank you for your email.
Kind regards
Jamie Moore
Customer Services

Sent: 21 July 2014 10:14
To: DD - Customer Services
Subject: Re: COMPENSATION FOR DELAYS
Hi Jamie
So can you please confirm was it the airports power supply that rendered the plane unsuitable to fly. Do you have a copy of the investigation report etc as TC have said that LGW were carrying out an investigation into the matter.
Regards
Tina & Keith

From: DD - Customer Services
Sent: Monday, July 21, 2014 10:35 AM
To: KeithandTina
Subject: RE: COMPENSATION FOR DELAYS
Dear Tina and Keith
We have no record of any fault with our power system affecting any aircraft.
Thomas Cook employ Swissport to manage their ground handling and it’s the handling agent who is responsible for assisting aircraft in the correct manner.
Kind regards
Jamie Moore
Customer Services

Sent: 21 July 2014 10:45
To: DD - Customer Services
Subject: Re: COMPENSATION FOR DELAYS
Thank You very much Jamie. Just had to check due to the information Thomas Cook supplied. They are starting Extraordinary Circumstances and laid the blame with LGW.
Who would be the best person to contact at Swissport
I may be in touch with you for further assistance once I have spoken with TC if that’s OK.
Regards
Keith & Tina

From: DD - Customer Services
Sent: Monday, July 21, 2014 11:18 AM
To: KeithandTina
Subject: RE: COMPENSATION FOR DELAYS
Dear Keith and Tina
The complaint would need to go through the airline, however see the below web link for CAA and Swissport UK.
https://www.swissport.com/contact/
http://www.caa.co.uk/default.aspx?catid=288
I hope this helps.
Kind regards
Jamie Moore
Customer Services

I THEN CONTACTED TC AGAIN AND THEY RESPONDED WITH THIS

Dear Mr W

Thanks for your emails.

I can confirm that our system shows that the reason for the delay was a power supply spike at London Gatwick airport. We are given this information directly from TCX Airline, and we believe this information to be correct.

As such, I am afraid that there is nothing further I can add to any of my previous correspondance.

Kind Regards,

K****** T***

Any further advice welcomed. Am issuing a NBA as feel we are entitled to compensation and they are doing everything in their power to not pay. I think they just assume we are gonna roll over. WRONG! :mad:

Now received this so bit confused:(

Dear Mr W

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,

S**** b***

Customer Relations

111KAB

beanie65 wrote: »

Now received this so bit confused:(

Read Huzar thread for explanation as it appears they are now stating a technical problem - they will say anything to get out of paying but for you (or no win no fee) then to decide which 'story' is true. You are probably going to have to undertake court application AND wait for Huzar so maybe wait for Huzar in first instance and when this is resolved (as time is on your side) approach TC and refer to their last letter and remind them to pay out!