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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • Collr
    Collr Posts: 8 Forumite
    Hi could you please advise me on what to do next ? Started my claim beginning nov14 with TC lots of emails and two letters to them with documents on delay of flight TCX162 to Mexico on 11/7/13 around 9hour delay just one email saying give us 28 days to sort it it's gone well past that now. Do I send a NBA now or do I have to wait till they either say yes or no to my claim thanks Colleen
  • Money came through today via Bott & Co.

    :)


    FD
  • jojooneill
    jojooneill Posts: 38 Forumite
    edited 29 December 2014 at 11:45PM
    Finally, after many phone calls, emails etc etc, TC have agreed to pay the relevant compensation for our flight delay. Naturally, they happily told me they were sending me vouchers (clearly oblivious to my previous requests for a cheque or similar). However, light at the end of the tunnel moment. So to others out there - persistence pays.
  • similar to everyone elses - I was offered the vouchers - refused and then received an email to say I was entitled but could take 28 days (or more!) Being its taken over a year anyway, they are clearly stalling everyone for time. I think we have a right to interest but would have to go to court to get it. Interestingly re the free child places Thomas Cook charge a £1 fee for 'free child places' - they have omitted my child from the cost of the claim, wont say why, discuss it or mention it in any emails they respond to which seems a bit suspicious to me - I think we may be able to claim as we have paid albeit a nominal fee?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    - I think we may be able to claim as we have paid albeit a nominal fee?


    Correct. :-)
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    I don't often disagree with 111KAB but I would in this instance. If you paid £1 for a "free child place" (which includes the holiday, as well as the flight) I think this would be regarded as an administrative charge rather than a publicly available air fare.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Lord Vauban, I believe ,but stand to be corrected, that even an "admin fee" qualifies as established in a County Court case?
    Can't remember when, and the old grey cells are a little clouded post Christmas :)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    There is a County Court case, but this related to the issue of an infant fare and whether the £30 or so (charged for the flight only) could be considered a fare or an admin charge. The DJ ruled it was a fare.

    I think a £1 "free child" place for a holiday is a very different proposition - there is no discrete payment, for example, for the air ticket. This would be up to the judge to determine, of course, but my own view is that it would be very hard to sustain the proposition that the child had a paid fare in these circumstances.

    I would of course love to be proved wrong but it will require the OP to take this to Court - and I couldn't recommend that with good conscience I'm afraid!
  • Hi there,

    I have today (finally) received an offer of £1280 from TC in relation to my post #2877 - but I am trying to work out if this is correct as the email uses the phrase "full and final settlement". Basically I just want to make sure that the amount is correct before accepting.

    TC are using the exchange rate of 3/12/14 to calculate the amount and have a policy of not paying interest on any claim - is this legally correct?

    My delay was on 17/06/12 and original claim submitted in July 2012 but refused several times and reopened. My personal understanding was that the compensation should be based on the exchange rate on the date of the delay, plus interest from the delay date to the payment date (not sure what rate would apply - can anyone help?)

    I have had a telephone conversation with TC where they confirmed that they only take the date of the most recent case submission (even though its the same case number) and do not pay interest. I have told them I will query this in writing with them to clarify their calculation of the payment before I accept.

    Can anyone advise further about how compensation SHOULD be calculated?

    thanks
    H
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