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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • I have now had 2 replies from TC 1 for the delay and 1 for the disgraceful hotel/rep and not been given 2 free phone calls/refreshments whilst waiting at the airport on 27th both are saying that I am not getting anything, they are also refusing to pay back for the meals on the plane that everyone got free(even though we had paid) I have asked for some one to call me instead of getting the same emails that u got(not holding my breath for them to call), I am in touch via email with some one else that was on the same plane as us. I have now contacted the CAA and Bott & Co to fight my cause. TC will not pay up unless legal action is taken. But anyone on that flight do not give up, keep fighting the way we were treat was totally disgusting
  • sarge and peejay keep fighting don't let TC con us out of money, I have never put a claim in before but we were treat so awful
  • anymore people on the TCX6815 send me a private message and as a group we might do better than single complaints
  • Booked Holiday to Mexico via Blue Bay in February with TC flights and hotel 6 - 13 May 2015 from Man - Cancun

    On 24 April TC emailed saying our seats had been changed and to log in to see where. Logged and in and we had been moved to a flight from Glasgow - Cancun on 9 May - 16 May.

    Rang TC and said this was not acceptable - turns out it was using a different plane and our seats were no longer available.

    After 3 days of haggling with Blue Bay, we were moved to a flight wtih Thomson Man-Cancun on 6 May so Blue Bay cancelled our flight wiht TC - who offered £30 each compensation (?)

    I put in an EU claim to TC on their online form as I understood that it was less than 14 days and they had changed our flights by over 5 hours (and to Glasgow). Put claim in 3 weeks ago and had reply

    We have to plan our flight schedules in advance and sometimes have to make changes to the schedules.......however as you cancelled the holiday by your own choice we cannot offer compensation under the EU Regulation Act

    Is this right?

    I have drafted a response as follows:
    [FONT=&quot]I understand that you are not willing to pay compensation under the EU Regulation Act as I cancelled the holiday by choice. To remind you of the details, the flight was from Man-Cancun on 6 May and you changed the flight to Glasgow-Cancun leaving on 9 May. This change was advised to me on 24 April, 12 days before departure. As I am sure you can appreciate, this meant the flight was delayed by 3 days and from an airport around 5 hours away.[/FONT]
    [FONT=&quot]I would advise of the EU Regulations;[/FONT]
    [FONT=&quot]Cancellation[/FONT]
    [FONT=&quot]In the event of cancellation of a flight for which you hold a confirmed reservation, you will be offered alternative transport and have the same rights – beside the alternative transportation – to assistance, reimbursement and compensation, as per Denied Boarding.[/FONT]
    [FONT=&quot]If the cancellation is caused by extraordinary circumstances you do not have the right to compensation. Also no compensation will be payable if you were informed of the cancellation[/FONT]
    • [FONT=&quot]at least two weeks before the scheduled time of departure[/FONT]
    • [FONT=&quot]between two weeks and seven days before the scheduled time of departure and the offered re-routing departs no more than two hours before the scheduled time of departure and reaches the final destination less than four hours after the scheduled time of arrival[/FONT]
    • [FONT=&quot]less than seven days before the scheduled time of departure and the offered re-routing departs no more than one hour before the scheduled time of departure and reaches the final destination less than two hours after the scheduled time of arrival[/FONT]
    My flight was cancelled and changed and, as the cancellation was between 2 weeks and 7 days before departure and the offered re-routing was more than 2 hours before the schedule departure time and reached the destination 3 days after the scheduled arrival time, is clearly falls under the Regulations.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You are correct. Your flight was cancelled or you were denied boarding (due to different aircraft) either way it was not you that cancelled the holiday.
    This was exactly why the regulation was introduced - to stop the airlines messing people around!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Sarge94061
    Sarge94061 Posts: 12 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Just had the following follow up reply from Thomas Cook to the complaint they re-opened for me on 15 May re my 24 hour + delay on 27/28 April:

    "Thank you for contacting us again about your flight delay and for providing us with further details.

    I’m sorry that your flight with us was delayed and based on your comments we conducted a full investigation when you wrote to us initially. Following a review of our maintenance data and an analysis of our other operations at that time we remain confident in our decision that compensation is not payable in this case.

    The Civil Aviation Authority (CAA) are the registered National Enforcement Body for Regulation 261, and we operate within the guidelines they have issued. If you remain unhappy, we can suggest you contact them about your flight delay by visitingxxx.

    I am very sorry that we were unable to resolve this for you and I do hope we will have an opportunity to restore your faith in the future."


    Needless to say I'm monumentally peeved and got straight on the phone. The guy was nice enough but about as much use as a chocolate teapot. When I asked why my complaint hadn't been addressed in full he just waffled about how they can assure me they do pass feedback on to agencies they work with.

    Interestingly, in their initial reply they cited a manufacturer defect as the reason for rejecting claim, now their saying that it was cased by FOD damage at Hurghada and that it's unforeseen as it was caused by EgyptAir. Annoyed though that they haven't put that in writing.

    Needless to say that I will be taking this further and will be drafting a letter to them later advising that I'm going to start legal proceedings. If any others from TCX6815 on 27/28 April are taking part in this thread still, can you let me know how you've got on?
  • Mandy22164
    Mandy22164 Posts: 37 Forumite
    Bit much that's more that half.

    As you are aware, your claim was successful and we have now transferred the airline's compensation payment to you. Although the payment has been processed electronically it can take up to five working days to reach your account. As per our agreement our costs can be broken down as follows:

    Total Amount Received
    £1,055.72

    LESS
    Our Charges:
    27% Deduction, Fixed Costs and Interest (less VAT)
    £414.35
    €25 Admin Fee per Passenger
    £41.82
    £456.17
    Total Disbursements
    £70.00
    VAT
    £82.87
    £609.04


    Total paid out to passengers in this case
    £446.68

    As there are 2 passengers in this case, the amount due to you personally is
    £223.34
    Kind Regards,
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Sarge94061 wrote: »
    Just had the following follow up reply from Thomas Cook to the complaint they re-opened for me on 15 May re my 24 hour + delay on 27/28 April:

    "Thank you for contacting us again about your flight delay and for providing us with further details.

    I’m sorry that your flight with us was delayed and based on your comments we conducted a full investigation when you wrote to us initially. Following a review of our maintenance data and an analysis of our other operations at that time we remain confident in our decision that compensation is not payable in this case.

    The Civil Aviation Authority (CAA) are the registered National Enforcement Body for Regulation 261, and we operate within the guidelines they have issued. If you remain unhappy, we can suggest you contact them about your flight delay by visitingxxx.

    I am very sorry that we were unable to resolve this for you and I do hope we will have an opportunity to restore your faith in the future."


    Needless to say I'm monumentally peeved and got straight on the phone. The guy was nice enough but about as much use as a chocolate teapot. When I asked why my complaint hadn't been addressed in full he just waffled about how they can assure me they do pass feedback on to agencies they work with.

    Interestingly, in their initial reply they cited a manufacturer defect as the reason for rejecting claim, now their saying that it was cased by FOD damage at Hurghada and that it's unforeseen as it was caused by EgyptAir. Annoyed though that they haven't put that in writing.

    Needless to say that I will be taking this further and will be drafting a letter to them later advising that I'm going to start legal proceedings. If any others from TCX6815 on 27/28 April are taking part in this thread still, can you let me know how you've got on?
    I cant believe some are still using these "guidelines" as a get out
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Mandy22164 wrote: »
    Bit much that's more that half.

    As you are aware, your claim was successful and we have now transferred the airline's compensation payment to you. Although the payment has been processed electronically it can take up to five working days to reach your account. As per our agreement our costs can be broken down as follows:

    Total Amount Received
    £1,055.72

    LESS
    Our Charges:
    27% Deduction, Fixed Costs and Interest (less VAT)
    £414.35
    €25 Admin Fee per Passenger
    £41.82
    £456.17
    Total Disbursements
    £70.00
    VAT
    £82.87
    £609.04


    Total paid out to passengers in this case
    £446.68

    As there are 2 passengers in this case, the amount due to you personally is
    £223.34
    Kind Regards,



    Does seem a lot, but what was the £ value of your entitlement before interest?
  • Mandy22164
    Mandy22164 Posts: 37 Forumite
    Don't know it doesn't say.
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