Flight delay and cancellation compensation, Thomas Cook ONLY

natsplatnat

Vauban wrote: »

This phrase is a key part of the Wallentin test, and in large part was the principal issue at stake in the Huzar case. The key point is that Wallentin says that if the cause of the technical failure was something not inherent in the operation of an airline, then it can be deemed extraordinary. The Court of Appeal concluded that this meant any normal technical failure - such as wear or tear or just unpredictable failure of a part - was all inherent and therefore not extraordinary.

The airline are trying to give you the runaround. If you want to write back you might ask them fir the specific cause of the technical failure, and remind them that, following Huzar, there is a very limited scope for this defence. You should add that if they do not respond positively within 14 days you will serve them with court papers.

Thanks Vauban - they are re-looking at the claim now (after the right to appeal failure). It was a fan that cooled the planes electrics and as it wasn't working the pilot refused to fly the plane. Fair play really! They do have a deadline to reply by... if not then it will time to move on to the 'next step'.

jon2012

Thomas Cook has now posted a form to fill in on their website regarding updated rulings on compensation to review any cases again.

It's under the customer support link at the top of their homepage.
Then click on 'How do I make a complaint' link.
(Sorry this site won't let me add links to posts)

Select the EU261/2004 Follow up link.

I have filled the form in and awaiting their response.

HellyB

jon2012 wrote: »

Thomas Cook has now posted a form to fill in on their website regarding updated rulings on compensation to review any cases again.

It's under the customer support link at the top of their homepage.
Then click on 'How do I make a complaint' link.
(Sorry this site won't let me add links to posts)

Select the EU261/2004 Follow up link.

I have filled the form in and awaiting their response.

This has been on TC website for over 2 weeks now but good update for anyone who hasn't seen it.

reidy100_2

HellyB wrote: »

This has been on TC website for over 2 weeks now but good update for anyone who hasn't seen it.

TC told me that was the wrong part to reply to ( the update part)

Fifefamily

In the absence of any reply to my recorded delivery NBA received by Thomas Cook on 4/11/14 I am preparing my Small Claims Pack (for Scotland). What name/address should I use? Thomas Cook Retail Ltd, Peterborough or Thomas Cook Airlines, Manchester Airport ?


Thanks in advance

batman44

Fifefamily wrote: »

In the absence of any reply to my recorded delivery NBA received by Thomas Cook on 4/11/14 I am preparing my Small Claims Pack (for Scotland). What name/address should I use? Thomas Cook Retail Ltd, Peterborough or Thomas Cook Airlines, Manchester Airport ?


Thanks in advance

Do NOT use Thomas Cook or Thomas Cook Retail

You will need to send it to-

Thomas Cook Airlines Limited
Thomas Cook Business Park
Coningsby Road
Peterborough
PE 8SB


No doubt they will then send it on to the solicitors or pay out.

Mark2spark

natsplatnat wrote: »

It was a fan that cooled the planes electrics and as it wasn't working the pilot refused to fly the plane. Fair play really!

Don't confuse the issue of the pilot, quite rightly, refusing to fly the plane as it wasn't in good working order, and the issue of TC having a window of 3 hours (late on arrival - not departure) to get it fixed and get you there.
Them being the *only* people available to fix it, makes it 'inherent' in the running of the airline.
Joe Bloggs doesn't fix it for them.

So, to make something *extraordinary*, it needs to have been caused by a third party. And what we are talking about is something very remote like a terrorist firing a bazooka from the airport perimeter into the port engine and taking it out.

batman44

So Harriet Green is stepping down

http://uk.reuters.com/article/2014/11/26/uk-thomas-cook-grp-moves-idUKKCN0JA0FR20141126

So I supect she knows about my case and decided now is the time to get out. lol:D

Star9272

batman44 wrote: »

So Harriet Green is stepping down

http://uk.reuters.com/article/2014/11/26/uk-thomas-cook-grp-moves-idUKKCN0JA0FR20141126

So I supect she knows about my case and decided now is the time to get out. lol:D

I pity the guy who is taking over, hope he's got a large budget set aside for your claim

reidy100_2

batman44 wrote: »

So Harriet Green is stepping down

http://uk.reuters.com/article/2014/11/26/uk-thomas-cook-grp-moves-idUKKCN0JA0FR20141126

So I supect she knows about my case and decided now is the time to get out. lol:D

Shame, she is a very nice lady and a pleasure to deal with.