Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Suggest you read this post and link therein. TC are fobbing you off. No need to go into full details ... you were delayed over 3 hours due to a technical fault which subject to Huzar = compensation due.


https://forums.moneysavingexpert.com/discussion/5042802

G17GJP

I posted the following in the wrong thread and was asked to move it to the TC thread.


Can anyone help ? I, along with my family,suffered a 3 3/4 hour delay coming back to Manchester from Orlando in Aug 2014. Aware of the information on this site, I wrote a letter of complaint to the airline, Thomas Cook, asking for compensation.
They acknowledged my letter and wrote a reply within 28 days having investigated my claim.
I also complained about a faulty earphone socket which meant one of us couldn't listen to in-flight entertainment. Being fair they offered and I have accepted £75 cash (not vouchers) for this.
However, they have rejected my claim for the delay compensation. We were delayed because the ground handling staff couldn't reconcile the number of people on the plane with the number of passports swiped. It became a farce and ended up with us having to disembark and re-embark.
They have said this problem was 1.20hrs of reconciliation delay but the other 2.20hrs of delay was because the airport was shut due to storms.
This I believe to be totally untrue, especially as 2 Virgin 747's on stands near us took off during our delay. Does anyone know where I can get information (data) on airport closures ?I have tried one website - Flightstats - and they replied that they are not allowed to give out their data to passengers who want to use the data as part of any claim.

Any help would be appreciated.


However, before posting this time, I've read back through this thread to see if anyone else has complained from my flight. Sure enough Post #6021 'WhatMichaelsays'.


What is now apparent is something is not right here with the differing answers to our two separate claims about the same incident / delay. As you will see from my post - they have claimed bad weather as part of reason for delay. However, the response to 'WhatMichaelsays' had no such mention of weather as a part cause of the delay.

Any suggestions now ?

111KAB

G17GJP


1) PM whatmichaealsays so you can compare notes and keep in contact
2) Register for free on flightstats - do not email them but do your own research on departures arrivals
3) Forget the faulty ear socket - this thread is for delays only.

austin9658

G17GJP wrote: »

What is now apparent is something is not right here with the differing answers to our two separate claims about the same incident / delay. As you will see from my post - they have claimed bad weather as part of reason for delay. However, the response to 'WhatMichaelsays' had no such mention of weather as a part cause of the delay.

Any suggestions now ?

You can't claim for the delay which is out of the airlines control, it means that you cant get compensation for storm or any another bad weather reason. By the way, if you want to check you are eligible for delay compensation or not, you can check on tripmole.com.

whatmichaelsays

austin9658 wrote: »

You can't claim for the delay which is out of the airlines control, it means that you cant get compensation for storm or any another bad weather reason. By the way, if you want to check you are eligible for delay compensation or not, you can check on tripmole.com.

As far as I'm concerned, the storm claim is a cop-out. There were some storms over the airport that passed whilst the ground staff were trying to clear up their mess, but they soon cleared before we were disembarked to be re-counted. I've found evidence of at least 139 aircraft that departed Orlando between 6pm and 8:10pm - the time that TC claim the airport was closed due to storms.

Is their a precedent for IT failures? In my view, an IT crash is something that is foreseeable and something that an airline (or any business) should have contingencies for but I was wondering if anyone had any knowledge / experience on this?

111KAB

whatmichaelsays wrote: »

Is their a precedent for IT failures? In my view, an IT crash is something that is foreseeable and something that an airline (or any business) should have contingencies for but I was wondering if anyone had any knowledge / experience on this?

You don't need a specific precedent as technical problems are not an extraordinary circumstance. This statement may change if the Huzar -v- Jet2 appeal (if permitted) in the Supreme Court rules in favour of Jet2.

leon222

I was due to leave Larnaca, Cyprus at 23:20 on August 31st 2014 on a Thomas cook flight. After being asked to board (we never got that far), the flight was cancelled at around 22:45. We later found out that the pilot/co-pilot was ill and there was no replacement. we got transferred to another hotel and finally left Cyprus 23 hours later, when a Thomas Cook pilot was flown from the UK on a BA flight. I have used the template provided on this site, sent it to Thomas Cook who have said that this was an exceptional circumstance and I am entitled to NO compensation. Does anyone have a similar experience and if so what did you/should I do next?

discodancing

leon222 wrote: »

I was due to leave Larnaca, Cyprus at 23:20 on August 31st 2014 on a Thomas cook flight. After being asked to board (we never got that far), the flight was cancelled at around 22:45. We later found out that the pilot/co-pilot was ill and there was no replacement. we got transferred to another hotel and finally left Cyprus 23 hours later, when a Thomas Cook pilot was flown from the UK on a BA flight. I have used the template provided on this site, sent it to Thomas Cook who have said that this was an exceptional circumstance and I am entitled to NO compensation. Does anyone have a similar experience and if so what did you/should I do next?

I was on this flight as well, I have had no luck claiming either despite receiving a response from the CEO saying she would get someone to look into it. I am now thinking of doing a NWNF company as I don't fancy going to court myself!

austin9658

leon222 wrote: »

I was due to leave Larnaca, Cyprus at 23:20 on August 31st 2014 on a Thomas cook flight. After being asked to board (we never got that far), the flight was cancelled at around 22:45. We later found out that the pilot/co-pilot was ill and there was no replacement. we got transferred to another hotel and finally left Cyprus 23 hours later, when a Thomas Cook pilot was flown from the UK on a BA flight. I have used the template provided on this site, sent it to Thomas Cook who have said that this was an exceptional circumstance and I am entitled to NO compensation. Does anyone have a similar experience and if so what did you/should I do next?

As you have mentioned here your flight was delayed due to pilot's illness. so, according to European Court, if your flight delays and it was under airlines control then you are entitle for compensation.

leon222

discodancing wrote: »

I was on this flight as well, I have had no luck claiming either despite receiving a response from the CEO saying she would get someone to look into it. I am now thinking of doing a NWNF company as I don't fancy going to court myself!

I have contacted Thomas Cook again and still they refuse to accept responsibility. I have since phoned the CAA and they are telling me Thomas Cook are correct because the flight was from outside the UK. They have advised me to send all my conversations, flight details etc to the Cypriot authorities. This is the address I was given. [EMAIL="passengerrights@dca.mcw.gov.cy"]passengerrights@dca.mcw.gov.cy[/EMAIL] . I have done this, time to sit back and wait again!