Flight delay and cancellation compensation, Thomas Cook ONLY

HellyB

Vauban wrote: »

You've posted quite a few times now. All the information you need is in either my guide or the FAQs. Have you read the guide I've written? If not, you really should.

To answer your specific questions, the airline will tell you why your flight was delayed - you don't need to establish that at the outset. But you may need to do some detective work if what they say doesn't ring true.

And for making a simple claim to the airline, you can be treated as one party. If/when you need to bring a court claim, then it gets a bit more complicated (but not much).[/QUOTGE]


Good luck trying to get the airline to tell you why the flight was delayed. TC claim they don't have to do this until it goes to Court!

Vauban

HellyB wrote: »

Good luck trying to get the airline to tell you why the flight was delayed. TC claim they don't have to do this until it goes to Court!

They will give you a reason - but you're right that it won't be detailed or even accurate (such as in your case with the "safety fault" excuse). But my point is that you don't need to know the reason for the delay in order to make a claim. All that comes with the legal case.

Have you written to the court to get your case unstayed yet?

Jack_Plane

We were delayed on a flight Tobago/Frankfurt/Paris in April. The airline was Condor who operate out of Frankfurt and are owned by Thomas Cook.
Am I in the right thread?
Because of the complication of taking out a writ in Germany and living in France when we had had a few delaying stonewall letters we handed over to a company who claim compensation on your behalf.
They are about to hand the case back after delaying it a further 5 months. They should be called Claim-Delayed in stead of...am I allowed to say? You can probably guess ...ltd. I would like to see a breakdown of their income streams apart from my £20.
I digress, we now are back with the complicated matter of taking out a writ in Frankfurt. We do not speak German or French.
We successfully claimed against Caribbean Air who stonewalled until they got the writ and payed the next day. UK small claims on-line are easy and wonderfull. Can I sue Thos Cook as they own Condor? Any helpfull hints ?

richardw

What about the European small claims procedure? See the ryanair thread for more information. It's the "operating air carrier" that is generally liable.

Bushbaby22_2

Hi, I booked a holiday to Fuerteventura for August 2014 through Thomas Cook. I originally booked the holiday in October 2013 and about 3 weeks after was told that my flight was now being operated by Condor not Thomas Cook Airlines and the flight times were a couple of hours later than planned. I wasn't happy with this but by this time all the free child places had gone so I didn't really have much choice - we really wanted to go to Fuerteventura and to the hotel which we had chosen. Our flight going out was delayed for an hour which I could cope with, but the one coming back was a nightmare. On arrival at Fuerteventura airport we were told the flight was delayed for 3 hours 30 minutes and given a letter that stated 'regrettably due to a technical issue the aircraft scheduled to operate your flight will not be available'. We were told we were not flying with Condor but with Privilege. We were supposed to depart at 1910, but at just after 2300 a Swissport rep advised us that the plane was on the way and had to be quick as the airport closed at midnight and we would have to stay another night if this happened. Anyway, we ended up flying just before midnight, so our delay was about 4 hours 30 minutes. I sent them the compensation letter as advised on this website but got this in return:-


In accordance with the traffic control center we regret to inform you that we are not in the position to satisfy your claims. The delay of flight DE 3483 was caused by an unpredictable circumstance which could not have been avoided even if all reasonable measures had been taken. Therefore we have to reject your claims. Concluding we would like to refer to our right established by article 12 paragraph 1 as far as compensation is concerned.
We look forward to welcome you on board again.


What does this mean and am I able to take this further? If so, how do I go about it? I would appreciate any guidance, as I don't know where to start! Thanks all

Caz3121

start reading here https://forums.moneysavingexpert.com/discussion/4896454 (the last link is particularly helpful)

Bushbaby22_2

Thanks very much for that - it's certainly a subject that a lot of people have experience and I don't think the airlines should be allowed to get away with it. Has anyone ever had a reply like the one I received from Condor? If so, what did you do next?

Caz3121

there are a number of references to Condor on the Thomas Cook thread
https://forums.moneysavingexpert.com/discussion/4384693

Bushbaby22_2

Yes I've just had a look but can't find any specific references that look like the response I was sent from Condor. I just don't know how to proceed, to be honest.

Caz3121

Bushbaby22 wrote: »

I just don't know how to proceed, to be honest.

If you are unclear after reading all of Vauban's guide, maybe you should speak to a NWNF firm and see if they think you have a case