Flight delay and cancellation compensation, Thomas Cook ONLY

benicetome

That will do me nicely sir.

Short, sweet, and straight to the point.

Thanks for the pointer N A, and a big thanks to SEW56 for cutting to the chase.

Ayrcomm

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Default How long should I wait before court action
Hi All

I'm after a bit of advice. I have a pretty clear cut case with a Thomas Cook and a 14 hour delay from Cardiff to Cyprus due to 'exceptional circumstances' in October 2014.
I started a claim and received a response from T Cook stating that they accepted the Supreme Court ruling and they must now find out why my flight was delayed. I replied stating that this is not good enough, the TC rep in the airport was rather forthcoming with info regarding the delay. I have asked them for settlement of my claim within 14 days.
What should I do next if I don't get a payment? Is it too early for a small claims court?

Caz3121

Ayrcomm wrote: »

I have a pretty clear cut case with a Thomas Cook and a 14 hour delay from Cardiff to Cyprus due to 'exceptional circumstances' in October 2014.

what do you mean by "exceptional circumstances"?
the regulations refer to "extraordinary circumstances" which refer to weather, ATC etc which would mean that the airline would not need to pay compensation as the delay is outwith their control.
What was the reason for the delay?

pinklady13

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.

I used this link for a claim I had rejected, just had an e-mail this morning confirming that they WILL be paying my compensation after all but that it will take up to 28 days!:j

dunkertruck

after phoning the number left on here today I then received a reply which reads:-


"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 aircraft being hit by a tug which is the fault of the ground handling equipment company.Damage was sustained to the Nose Wheel well area as well as dents a under Door 2. The delay was compounded by the fact that a Boeing repair scheme had to be obtained and approved before sheet metal work and HFEC tests could begin.( High Frequency Eddy Current).

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




this leads me to 2 questions:-


1. The CAA wrote back to me in October stating that in their opinion we should be paid compensation, so should I continue with my Court case?


2. If the above is the reason then surely the flight carrier claim from the airport for the damage sustained and any other compensation claims arising from that delay?


Any thoughts would be welcomed.

Vauban

Dunkertruck

1. Yes
2. Yes

And as it's nearly Xmas, let me give you an early present (courtesy of an old friend to this forum).

The European Court of Justice ruled recently on a case very similar to yours. Briefly, the case concerned a set of mobile boarding stairs which came into contact with a Condor aircraft and caused structural damage leading to a delay. The Court rejected the airline's assertion that!the incident was a case of extraordinary circumstances not inherent!in the operation of an airline and therefore did not exonerate the airline from payment of Art 7 compensation.

This can now be taken to mean that in similar cases where aircraft and ground equipment come into contact that ECs cannot exist as a valid defence.

The Order Judgement text is not available in English so you will need to rely on German/French/Spanish versions and use translation software to!get an Anglicised!one.

Link:!http://curia.europa.eu/juris/document/document.jsf?docid=159941&mode=req&pageIndex=1&dir=&occ=first&part=1&text=&doclang=DE&cid=49912

Ho ho ho!

dunkertruck

thanks for a very quick and informative reply Vauban!!

This is for a claim for 12 of us and the others have decided a NWNF might be the better option due to the technicalities of the excuse we've been given. I'm beginning to agree!

alberto2012

Vauban wrote: »

That's not my reading of it. As a Scot, you are at liberty to use the English Courts, as the defendant has its head office there. If you have an English friend who can provide a postal address, I understand you can even use the MCOL process.

So this is entirely up to you. There are plenty of resources on this website to help you get your compensation, if you're sufficiently motivated. But it will require some effort and focus.

I used to have friends in London and Leicester.. Not anymore as they have moved.

But even if I did, can you confirm that I would be required to attend a court hearing in England? If so where?

Looks like TC have slipped through the net in our case .... :(

Vauban

dunkertruck wrote: »

thanks for a very quick and informative reply Vauban!!

This is for a claim for 12 of us and the others have decided a NWNF might be the better option due to the technicalities of the excuse we've been given. I'm beginning to agree!

That's a lot of money to give up for what should be a fairly straightforward court claim. But it does require some effort, so up to you. I'd recommend Bott, if you were inclined to go down the NWNF route.

NoviceAngel

Vauban wrote: »

That's a lot of money to give up for what should be a fairly straightforward court claim. But it does require some effort, so up to you. I'd recommend Bott, if you were inclined to go down the NWNF route.

I would agree with Vauban and just to add, that your claim is against TC, in terms of arguing the toss, they are in a different league to J2.

I personally would say put the effort in and you get the 27% and with a claim for 12 passengers, that's an awful lot to loose, but yes, it's safe to say you would get victory by using Bott. I'M showing my age but it's like the fruit machines of the very late 70's you can have your 4p or gamble for nowt or 8p how big is your gazumpta?