Flight delay and cancellation compensation, Thomas Cook ONLY

jayell

Is there a difference between EC and Unpredictable Circumstance? Thomas Cook/Condor refusing due to unpredictable circumstance

Vauban

jayell wrote: »

Is there a difference between EC and Unpredictable Circumstance? Thomas Cook/Condor refusing due to unpredictable circumstance

Yes. An "extraordinary circumstance" exempts the airline from paying compensation under Regulation 261/04. An "unpredictable circumstance" is a made up term that holds no legal significance whatsoever under the Regulation. (Would it also be uncharitable to suggest that it also reflects the p! $$ poor quality of the people administering the airline's response to such claims? Answers on a postcard ...)

austin9658

stripey wrote: »

They have responded and said that TC have reviewed their initial response and now will contact me and discuss compensation with me.Has anyone any idea of how long TC will take? Is there a timeframe that I have to give them before I contact them?
Thanks
Stripes.

No. Actually there is no timeframe for airlines to look into a case. you must call the airlines and asked them for the claim. Remember CAA can't make airlines pay.

Vauban

austin9658 wrote: »

No. Actually there is no timeframe for airlines to look into a case. you must call the airlines and asked them for the claim. Remember CAA can't make airlines pay.

Yes. I think I said that about three days ago?

Hum29d21

Delayed 19hrs on Friday 12th Sept - Claim submitted 20th Sept ; Response submitted to CAA who supported the Airlines position as follows:

Your complaint relates to a flight disruption caused by a
technical problem. This issue was considered in the Jet2
v Huzar ruling handed down by the Court of Appeal on 11
June 2014. Jet2 have now sought leave for a further appeal,
so the final impact may not be clear for many months yet.

....Unfortunately, there will continue to be a period of
uncertainty until the Supreme Court makes a decision on
whether it will hear the appeal. We expect that
decision to be taken later this year. If the Supreme
Court refuses the appeal, then the current judgement will
apply. If the Supreme Court accepts that it will hear
the appeal, then it will take some time until the case is
actually heard, and its judgement issued.

This "case" is about what constitutes "exceptional circumstances" the Airlines appear to be adopting a view that any delays are exceptional and therefore not subject to the law.. It seems we must wait and see...!!!

111KAB

Hum29d21 wrote: »

This "case" is about what constitutes "exceptional circumstances" the Airlines appear to be adopting a view that any delays are exceptional and therefore not subject to the law.. It seems we must wait and see...!!!

Almost correct as the actual wording is extraordinary circumstances. For a fuller description read the Huzar thread. General advise is to not involve the CAA in any claims.

stripey

stripey wrote: »

Hi
I made a claim with Thomas Cook regarding being delayed overnight. Initially TC said no it was a safety issue and no compensation would be paid. I then asked the CCA to look into my claim.

They have responded and said that TC have reviewed their initial response and now will contact me and discuss compensation with me.Has anyone any idea of how long TC will take? Is there a timeframe that I have to give them before I contact them?
Thanks
Stripes.

Payment via vouchers offered today. I have requested a cash/cheque instead.

sarahanisah

Hi all
I hope someone can help with the next steps in my claim for compensation or even let me know if indeed I don't have a claim.

I sent the following to Thomas Cook on 9 September 2014:

Dear Sir or Madam,

Re: Compensation claim for cancelled flight
Booking reference: XXXXXXX

I am writing regarding flight TCX2545 on 01/09/2014, due to depart from Dalaman to Manchester at the scheduled departure time of 00.20 due to arrive in Manchester at 02:40 (GMT). This flight was cancelled approximately 3 hours 19 minutes after it was due to fly and I am seeking compensation under EC Regulation 261/2004 for this flight.

The passengers in the party were xxxx xxxx, xxxx xxxx and xxxx xxxx.

My scheduled flight length was 3030 kilometers, and the delay to the destination of the alternative flight offered was 17hrs 40 minutes delayed. I’m therefore seeking compensation of €400 per passenger in my party. The total is €1200 for all passengers

When we arrived at Dalaman to check in for the departure at 00.20 the flight as showing a delay with the estimated departure time of 03:15, The flight was called for boarding at approximately 02:30. We were initially informed by a member of staff at the gate that the flight was cancelled as there was no pilot. At approximately 03:39 the Captain from the airplane announced that due to technical fault with the Storm Detecting safety device that the flight had been cancelled. She explained that on the previous flight to Manchester the same fault had developed and the part replaced, the plane then developed the same fault flying into Dalaman on the duplicate equipment which she explained (alarmingly) that they were not aware had not been replaced on the duplicate device. She went onto explain that they had to order a part to be replaced and this had to be flown in from Manchester. If indeed there was a technical fault this was not unforeseen as less than 24 hours earlier the duplicate equipment had been replaced.

We were then informed that as the flight had been cancelled we would have to retrieve our luggage and be transported to Dalaman Lykia Airport Hotel by coach. When the rep was informing us that we would not likely fly until much later on I mentioned that my son had a hospital appointment, other passengers communicated their personal circumstances to which the rep shrugged her shoulders and said “not my problem!”

We finally checked into a hotel at approximately 06:00 and were informed the rescheduled flight would depart at approximately 17:00.

We were then left with no further information until 13:00 when we were requested to check out and “hang around” until we were transported back to the airport at approximately 15:30. After checking in again at the airport the flight was expected to depart at 18:00 but actually departed at 18:30 and arrived in Manchester at 20:50 GMT.

The total duration of the delay was 17 hours 40 minutes.

Whilst waiting for the scheduled flight I incurred expenses of £32.00 for 3 meals and refreshment during the delay (apologies, I have was never given the receipts). While waiting for the re-routed flight, after the original flight was cancelled, I had to telephone and text back to UK to rearrange transport collecting us from the airport, pet minding for our pets and arrangements for my 2 children who had remained at home and to rearrange my sons hospital appointment. The total cost of the calls/texts was £39.34, rearranged transport £27.50 and pet fee’s £25.50. Please refund £124.34

The total compensation sought is €1200 flight cancellation compensation and £124.34 for out of pocket expenses. This compensation calculation is based on the CAA guidelines of a Type 2 flight as the delay was over 3hrs and the cumulative distance of flight was 3030Km. I look forward to receiving the sterling equivalent within the next 28 days.

Within this letter I have enclosed photocopies of our boarding tickets for check in on both the original and the rescheduled flights. I have also enclosed a copy of my booking confirmation for your reference.

Throughout the duration of the delay the communication from Thomas Cook was poor and although the individual representative was pleasant the information available was virtually none existent. I explained to the rep that my son who had traveled with a broken arm had a fracture clinic appointment on 01 September 2014 and I needed to know whether we would be flying in time to make the appointment but there was little regard for the welfare of my son or the predicament we were in.

We were handed a letter upon arrival at Manchester Airport where all the flight time information was incorrect which just exaggerated the feeling that Thomas Cook did not value the customers nor seek to lead to any customer satisfaction. In Dalaman we had a letter stating that further information would be available from Swissport handlers in Manchester, however when we landed and retrieved our luggage we proceeded to the information desk to locate the Swissport office. The information desk informed us that the Swissport desk was closed and could they help. I explained the nature of the delay and cancellation and they said that there was no information on their records about any technical issues with that flight and agreed that all the information in the letter received on leaving the airplane was incorrect.

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.

I have subsequently received this response from Thomas Cook on 8 October 2014:

Dear Mrs xxxx,

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.

Unfortunately 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 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 we can see that the flight was delayed due to circumstances that were completely beyond our control. This investigation shows that the root cause of the delay was due to the stall card in the cockpit failing which mean the aircraft was unable to fly. A replacement part had to be flown in from Manchester for the aircraft and no sub aircraft was available as they were all being used.

On this occasion under EU Regulation 261/2004 compensation would not be payable.

The on-time performance of your flight is as important to us as it is to you, and I’m really sorry that you were delayed. Once again, thank you for contacting us, and we look forward to welcoming you to travel with us again soon.

Any advice gratefully received.

Thank you in advance and apologies for the long post

glentoran99

Whether you have a claim or not is dependent on the appeal ruling on the Huzar case

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

Caz3121

sarahanisah wrote: »

Hi all
I hope someone can help with the next steps in my claim for compensation or even let me know if indeed I don't have a claim.

It sounds like they are claiming technical issue so you need to read up on the Huzar thread. Whether technical problem or not TC is responsible for duty of care which would include 2 x telephone calls, accommodation and meals. What the airline would not be responsible for is consequential losses such as pet fees and transportation at the arrival side (either this would come from your EU compensation or from your travel insurance)