Flight delay and cancellation compensation, Thomas Cook ONLY

Victor_M

Following the recent court ruling regarding flight delays compensation I re opened a complaint which had been pending since may 2012.
The delay was from daliman in turkey to manchester and we were treated very shabbily by Thomas Cook eventually being flown to Glasgow and bussed to Manchester in the early hours some 11 hours late.
The flight was TCX2985 and no mention was made at the time of any defect being responsible for the delay rather we were informed that it was bad weather in Glasgow which had set up a series of delays.
Picked up from our hotel at 0820 for an afternoon flight it was not until we were back on our coach following a rest stop that we were informed of the flight delay and that we would be going to Glasgow!! not Manchester. Thomas Cook staff knew of the delays before we left the hotel as passengers from the previous evening flight to Manchester had also been delayed and accommodated in hotels overnight. On arrival at the airport we were passed through to air side with the promise of refreshments [can of coke and slice of cold pizza ~ take it or leave it ] and dumped there for a number of hours. Our flight to Manchester arrived but we had been bumped from it to make way for the passengers from the previous night.
Thomas Cook Case reference SA275226X was registered but the reply blamed the delay on a defect and compensation was refused
Following the recent court case I reapplied for compensation but Thomas Cook moved the goalposts again this time stating that it was not just a defect but a manufacturing defect and therefore outside the scope of the compensation ruling
I wonder if anyone ever receives compensation from Thomas Cook or if they just have a convenient list of excuses which they trot out when required

Tyzap

Victor_M wrote: »

Following the recent court ruling regarding flight delays compensation I re opened a complaint which had been pending since may 2012.
The delay was from daliman in turkey to manchester and we were treated very shabbily by Thomas Cook eventually being flown to Glasgow and bussed to Manchester in the early hours some 11 hours late.
The flight was TCX2985 and no mention was made at the time of any defect being responsible for the delay rather we were informed that it was bad weather in Glasgow which had set up a series of delays.
Picked up from our hotel at 0820 for an afternoon flight it was not until we were back on our coach following a rest stop that we were informed of the flight delay and that we would be going to Glasgow!! not Manchester. Thomas Cook staff knew of the delays before we left the hotel as passengers from the previous evening flight to Manchester had also been delayed and accommodated in hotels overnight. On arrival at the airport we were passed through to air side with the promise of refreshments [can of coke and slice of cold pizza ~ take it or leave it ] and dumped there for a number of hours. Our flight to Manchester arrived but we had been bumped from it to make way for the passengers from the previous night.
Thomas Cook Case reference SA275226X was registered but the reply blamed the delay on a defect and compensation was refused
Following the recent court case I reapplied for compensation but Thomas Cook moved the goalposts again this time stating that it was not just a defect but a manufacturing defect and therefore outside the scope of the compensation ruling
I wonder if anyone ever receives compensation from Thomas Cook or if they just have a convenient list of excuses which they trot out when required

Hi Victor,

Your experience is not uncommon and it seems that you have a valid claim.

You need to read Vaubans brilliant guide, so please see Vaubans guide (last link on the "flight delay forum" sticky) and also have a good read of this and other threads.

Any questions that you then have can be asked here and you'll get plenty of help, but first and foremost, this is a self help forum.

Good luck.

Vauban

Victor_M wrote: »

Following the recent court case I reapplied for compensation but Thomas Cook moved the goalposts again this time stating that it was not just a defect but a manufacturing defect and therefore outside the scope of the compensation ruling
I wonder if anyone ever receives compensation from Thomas Cook or if they just have a convenient list of excuses which they trot out when required

Unless you are lucky enough to get compensation after asking nicely, there's only one other way to get the airline to take your claim (which seems entirely valid) seriously: take them to court. They aren't frightened of your letters; they respect official papers rather more. Pathetic that it should require this, but there we are ...

dxc_chappie

Victor_M wrote: »

Following the recent court case I reapplied for compensation but Thomas Cook moved the goalposts again this time stating that it was not just a defect but a manufacturing defect and therefore outside the scope of the compensation ruling

I suspect we will see more of this: technical faults being classed as manufacturing defects by the airline. Shameful behaviour.

fd1972uk

Got word through regarding Flight TXC473 from Sanford to Manchester on 12th July 2013.

Bott who I used for the claim have advised we will receive our money within 42 days.

Would have been nice for Xmas, although tbh, it wasn't budgeted for Santa's visit anyway.

So good news.


FD

marshmallow13

I have finally been offered after 2 years for a flight in 2011. Been offered vouchers though and only for 2 people when there was 3 including my child. She had a booked seat as she was 6 but it was a free child place. My understanding was anyone with a booked seat can claim? I probably sound greedy but it ruined out holiday and we missed a whole day and meals for which we got nothing, only the airport vouchers. I had the same email as Davster and it took about 4 weeks after that. Anyway I have rejected the vouchers and asked for money and for the extra person but anyone know about compensation for kids?

Vauban

The regulation says you have to have paid a fare publicly available to qualify for compensation for the child. So a reduced child fare counts; a free place doesn't.

Quite right to insist on cash though.

edtheduck_2

Hi I followed up with small claims court as to delay in my stay being lifted.
I have been its on hold with others until the case listed in the European Courts has finalised as per the direction of the District Judge. Said there's another case in Europe going through?!
I said to the that there are no other cases- this was it!
They said they'd get back to me.

jerryo1

Has anybody any comments on the following.

Your claim is allocated to the small claims track and as such is governed by Part 27 of the Civil Procedure Rules. Accordingly, the expenses you incur in bringing your claim are not recoverable, in the same way that if we were to win our case we would not be able to recover our legal fees from yourself. Consequently even if a Judge was to find completely in your favour at a hearing, these expenses would not be awarded to you.

I accept that the above applies to legal representation (6.3 of Vaubans excellent guide) but should it be used to cover other costs such as loss of pay attending Court. I cannot help feeling that it is yet another attempt to deceive.

JPears

jerryo1 wrote: »

Has anybody any comments on the following.

Your claim is allocated to the small claims track and as such is governed by Part 27 of the Civil Procedure Rules. Accordingly, the expenses you incur in bringing your claim are not recoverable, in the same way that if we were to win our case we would not be able to recover our legal fees from yourself. Consequently even if a Judge was to find completely in your favour at a hearing, these expenses would not be awarded to you.

I accept that the above applies to legal representation (6.3 of Vaubans excellent guide) but should it be used to cover other costs such as loss of pay attending Court. I cannot help feeling that it is yet another attempt to deceive.

You will not be able to claim loss of earnings. There is a notional day rate I believe, that the Judge can award, especially if the defendant has caused problems/delays/unnecessary hearings etc. You can claim postage, parking travel etc but this tends to be small beer.
And all at the discretion of the judge.
What have you claimed for?
I would ignore any "legal advice" or comment from TC.