Flight delay and cancellation compensation, Thomas Cook ONLY

jerryo1

My copy is headed ' Preliminary list of EC's...........'
Copy produced by TC was headed ' Draft list........'

Has my issue been superceded - can't find a record anywhere.

jerryo1

Thanks - somehow missed that !

111KAB

jerryo1 wrote: »

My copy is headed ' Preliminary list of EC's...........'
Copy produced by TC was headed ' Draft list........'

Has my issue been superceded - can't find a record anywhere.

It doesn't matter - the list is a load of rubbish - chuck it in the bin!
Oh and I bet - even though the list was changed (in July 2013) both copies are dated April 2013.

jerryo1

You win your bet ! Thanks for help.

Vauban

Vauban wrote: »

Jerry: this is all bollox, and was dealt with I think by the More judgement.

Jerry: I gave you a bum steer earlier. TC argue that individual passengers can't petition a court directly, but this was put to bed by the ECJ in the McDonagh case (not More). In the Mcdonagh case, the court ruled as follows:

22. The fact, noted in this connection by the Council, that each Member State designates a body responsible for the enforcement of Regulation No!261/2004 which, where appropriate, takes the measures necessary to ensure that the rights of passengers are respected and which each passenger may complain to about an alleged infringement of that regulation, in accordance with Article 16 of the regulation, is not such as to affect the right of a passenger to such reimbursement.

23. Article 16 cannot be interpreted as allowing only national bodies responsible for the enforcement of Regulation No 261/2004 to sanction the failure of air carriers to comply with their obligation laid down in Articles 5(1)(b) and 9 of that regulation to provide care.

24. Consequently, it must be held that an air passenger may invoke before a national court the failure of an air carrier to comply with its obligation, laid down in Articles 5(1)(b) and 9 of Regulation No 261/2004, to provide care in order to obtain compensation from that air carrier for the costs which it should have borne under those provisions.

In short, if the airline mess you about it's your right to sue them under the Regulation. Thomas Cook are truly pathetic if they're suggesting otherwise.

Linzmarsh

I have received this email from Thomas Cook further to my claim for flight delay compensation (13 hours London to Turkey) - does anyone know if they are allowed to hold off on paying out?

[FONT=&quot]Dear Miss Marsh

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,



[/FONT]

111KAB

Linzmarsh wrote: »

- does anyone know if they are allowed to hold off on paying out?
[FONT=&quot] [/FONT]

Shouldn't but they do and little you can do about it. Read Huzar thread for explanation.

BeakerT

Linzmarsh wrote: »

I have received this email from Thomas Cook further to my claim for flight delay compensation (13 hours London to Turkey) - does anyone know if they are allowed to hold off on paying out?

[FONT=&quot]Dear Miss Marsh

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,



[/FONT]

Hi - I too have received the exact same email today from Thomas Cook in regards to my flight delay which was (only) 4 hours - but a delay all the same. I think you may have been part of the very unlucky passengers who flew a week after me in July?

I'm now wondering whether to wait - or do I take my complaint to the CAA (as per next stage listed on MSE webpage on this topic)?

Would be interested to know what you (or anyone else who is taking action as a result of the delayed Turkey bound flights) are thinking of doing.

Vauban

BeakerT wrote: »

Hi - I too have received the exact same email today from Thomas Cook in regards to my flight delay which was (only) 4 hours - but a delay all the same. I think you may have been part of the very unlucky passengers who flew a week after me in July?

I'm now wondering whether to wait - or do I take my complaint to the CAA (as per next stage listed on MSE webpage on this topic)?

Would be interested to know what you (or anyone else who is taking action as a result of the delayed Turkey bound flights) are thinking of doing.

What do you think the CAA will say/do for you, BeakerT?

bluenose33

bluenose33 wrote: »

Hi,
Newbie posting in desperation.
Cut a long story short,complaint to Thomas cook got rejected then went through caa,and just received the below response. Should I be hopeful or will Thomas cook still not pay up?
ANY ADVICE WELCOMED!


Dear Mrs xxxx


Thank you for your patience with us while we investigated your complaint about the disruption of flight TCX573 on 22nd September 2009.

We have reviewed the information available to us in accordance with new guidelines clarifying the “extraordinary circumstances” exception of EC Regulation 261/2004.
The airline has reassessed your flight against these guidelines and have informed us that the disruption of your flight is of a type which means that compensation is payable. It appears from the documentation provided, that the disruption was within the control of the airline and could have been avoided. Therefore this disruption does not fall under the extraordinary circumstances’ exception of the Regulation. As such, the airline has agreed you are entitled to compensation.
The airline has confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved.
Please allow time for the payment to be processed. If you do not hear from the airline within 4 weeks, please contact them directly with a copy of this letter.








THOUGHTS?

Hi all,
Just been paid out by Thomas cook £491, voucher offered at first but I asked for cash and received no problem.
The caa report in my eyes helped an awful lot, good luck to everyone else with ongoing, and thanks for all advice I received.
:T