Flight delay and cancellation compensation, Thomas Cook ONLY

Jet2fan

Hello Wise Ones !

I'm usually trying to stick it to Jet2, but here I am regards another Airline to ask your advice.

My Brother is due on his hols (along with his Wife and my beautiful niece) on the 27th May this year to the sunny island of Majorca.

He has purchased an all inclusive package through Thomas Cook (Hotel and Flights) - It looks lovely !

Thomas Cook - Last Friday (Less than 2 weeks before departure) informed him that they have altered his departure time for the flight out to Majorca.

He was due to fly out at 14.25, they have amended / rescheduled the departure time of the flight to 17.55.

The arrival time has been amended from 18.10 to 21.40... That makes it more than 3 hours in my book !

What do we reckon folks... Is some sort of compensation due ? The pilot sure is gunna have to get the hammer down to get them there with less than 3 hours delay after the originally planned flight was due to land !

The wording on the attached email states:

"Our flight schedules are planned many months before our customers are due to travel and as stated in our brochures and on our Websites, occasionally it is
necessary to make changes to the flight due to various operational factors and aviation/airport requirements.

It is with regret that on this occasion the flight on which you are travelling has been affected. Please see below your original and revised details. Any
changes are shown in italic underlined within the revised details box."

Any Thoughts ?

Many Thanks.

Jet2fan.

JPears

At the moment, no compensation is due as the arrival time will be under 4 hours, despite more than 2 hours late on departure.
However. if that flight is delayed from its new time by more than an hour on arrival, compo will be due.
What about the return flights? Have they been changed?


Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

Jet2fan

Cheers JPears for your wise advice once again !

So if that plane touches down at 11 minutes past Ten then, bingo... That's his ice-creams paid for !

His return flights haven't been affected (as yet).

Jet2fan.

JPears

Yes, but doors open, not touch down

Grantsare

I booked a package holiday with Thos cook, but flew with Monarch, am I right in assuming that my contract is with Thos Cook so I claim from them. This cook have come back to me and informed me that I need to contact Monarch as we flew with them. Is this correct?

Caz3121

Grantsare wrote: »

This cook have come back to me and informed me that I need to contact Monarch as we flew with them. Is this correct?

correct - operating airline as per the guide https://forums.moneysavingexpert.com/discussion/5173888

carly1976

Sarge94061 wrote: »

Hi all,

I'm new to the forum and looking for thoughts or advice relating to a reply I got from Thomas Cook today.

The wife and I were delayed returning from Egypt on 27 April, a punctured tyre resulted in a 24 hour delay. Emailed a detailed complaint to Thomas Cook via their online form and got the following reply today:

Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I have now completed the review of your claim for flight 6815.

"As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault in which was not inherent in the normal course of activity.

A recent Supreme Court decision in the case of Huzar vs. Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays so we wanted to check if the outcome from your previous claim has changed as a result of this.

Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.

It’s so important to us to make sure that your flight is on time and you get the best possible customer experience so I’m really sorry that you experienced a delay on your flight with us. Thank you for taking the time to contact us and we look forward to welcoming you on your next holiday/flight with Thomas Cook."

Needless to say I was flabbergasted for two reasons, the first being that they hadn't replied to any of the concerns other than the delay and secondly they feel that I'd be happy with a reply saying that a 24 hour delay gets me nothing as they're blaming the manufacturer of the tyre.

I called Thomas Cook and they've re-opened the case, can't say I'm too optimistic about the outcome now though. I've done some reading and believed I was entitled to claim and still feel I am. Has anyone else had any experience of airlines, Thomas Cook in particular, using the manufacturer excuse to get out of paying compensation?

I was also on this flight and sent the standard letter but have not received a reply as yet, if I get the same reply as you I am definitely taking the next step as it was totally unacceptable. I will let you know what they reply to me.

Justice13075

Total BULLSXXT read Vaubans guide and start proceedings

batman44

carly1976 wrote: »

I was also on this flight and sent the standard letter but have not received a reply as yet, if I get the same reply as you I am definitely taking the next step as it was totally unacceptable. I will let you know what they reply to me.

Unless you are lucky all airlines will avoid paying out compo and will blame anything and use all tactics to put you off, the only way for them to take notice is court action.


They did, with that hotel they got 2.5 million compo payout and did not tell the parents of the children involved who got a measly 100k from TC. This shows you how despicable TC are!

Macquin

NoviceAngel wrote: »

Start by reading Vaubans excellent guide, info about a SAR is covered by the guide.

Cheers,

NoviceAngel

I have sent a Subject Access Request (SAR) off to Thomas Cook asking for the passenger loading list for the TC flight in 2010 where we were delayed in Calgary for almost 48 hrs, since I too, do not have the 5 yr old documentation that TC are insisting upon..

Apparently they have 40 days to respond .I wrote on 21st April,recorded delivery,so they still have a few days left to respond. I will update here when and if I hear further from TC.