Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

:wall::wall::wall:

Justice13075

If you want vouchers accept them if you want cash ask for cash. Your choice. They cannot impose vouchers on you unless you agree.

endaf

Fussymoo, PM me as i was supposed to be on that sameHurghada flight & im now in the process of taking Thomas Cook to court. ive been fobbed off from the start but i may have some good news for you...and some bad re bott & co!
hope to hear from you soon.

jord01455

TCX9437 Finland to Manchester delayed by over 6 hours

Hi all supplied TC with booking invoice/holiday itinerary to prove we were all on the flights concerned and to my shock I got the response that we cant claim as our flight was only delayed for 5 minutes not 6 hours. even though we were taken back to the hotel which was over an hour away, given food and drink then shipped back to the airport.
Or are we unable to claim because we hadnt checked in when we were informed there was a problem with our flight and we were being taken back to the hotel until the plane was repaired and flown back out to pick us up

JPears

No. you probably have a valid claim. Time for an NBA. TC playing you.

gm23

Further to my earlier posts, have just received £870 compensation (3 passengers) for flight TCX3229 from Corfu to Glasgow on 25/05/2015.

Although I was delayed for a total of 3 hr 12 minutes (due to arrive 1740, arrived 2052), my claim was rejected as Thomas Cook claimed the delay was only 2 hr 50 minutes! They refused to reconsider even after I lodged evidence of the delay.

Although the advice on here was not to bother with contacting the Greek CAA I ended up emailing them as I thought it would show the courts I had attempted everything I could prior to litigation. The Greek authorities cc'd me into an email to Thomas Cook within a week and then Thomas Cook miraculously changed their minds and offered compensation within another week or so.

So looks like the Greek authorities might have done enough to convince Thomas Cook!

Thanks for all the advice on here and good luck with any ongoing claims!

toitim

I had a lengthy delay a few years back with Thomas Cook (Tenerife to Glasgow) back in October 2010.

So far they are refusing to pay my claim as they say the circumstances are classed as extraordinary because the delay was a result of weather conditions.

However, the weather conditions that delayed this flight were not as a result of weather in Tenerife or Glasgow or anywhere on our flight path. The plane that was due to take us home had previously been sent to Greece and it was a result of poor weather in this area that prevented the plane being in Tenerife on time to take us home.

Having read Vaubans Guide I think I am entitled to compensation.

Am I right in saying that this is a cop out from Thomas Cook and they should still be paying me out ? Should I now approach a no win no fee lawyer to take this further as they refuse to budge ?

Thanks for any advice that comes my wayv:beer:

krissyporter

Mark2spark wrote: »

Jon, the CAA have written to the airlines and told them that only the manufacturer recalling a certain type of plane for a defect is considered an EC.
The rest is the latest try on. The airlines simply won't give up exhausting every single sentence of dubious meaning in the regulation.
And that's why people become so determined to take it to the end.

Hi Mark,

After a few years of trying I've been hit with the 'manufacturing fault' tactic. Just wondering where you found out that the CAA wrote to the airlines?

Cheers
Kris

toitim

toitim wrote: »

I had a lengthy delay a few years back with Thomas Cook (Tenerife to Glasgow) back in October 2010.

So far they are refusing to pay my claim as they say the circumstances are classed as extraordinary because the delay was a result of weather conditions.

However, the weather conditions that delayed this flight were not as a result of weather in Tenerife or Glasgow or anywhere on our flight path. The plane that was due to take us home had previously been sent to Greece and it was a result of poor weather in this area that prevented the plane being in Tenerife on time to take us home.

Having read Vaubans Guide I think I am entitled to compensation.

Am I right in saying that this is a cop out from Thomas Cook and they should still be paying me out ? Should I now approach a no win no fee lawyer to take this further as they refuse to budge ?

Thanks for any advice that comes my wayv:beer:

Further response from TC today

Thank you for your further e-mail. I'm sorry that you still remain unhappy with our stance on this delay.

I have contacted our Airlrine Operations team who have advised the following.

G-JMAB (this is the registration for the aircraft) operating flight TCX504L had been stranded in Athens until 06:00 on the 12th October due to adverse weather. This aircraft then collected the stranded passengers in Corfu and returned to GLA to operate the TCX504k/TCX504L.

Based on this information Thomas Cook are continuing to defend this flight delay. I'm very sorry as I understand that this is not the outcome you wanted however if you still disagree with the decision which has been made by Thomas Cook Airlines you will have to seek further advice from a 3rd party on the matter.

Any thoughts ??

JPears

Yes its a copout. If you haven't sent your NBA then do so, and start filling in your N1 for submission to court 14 days later.
Paragraph 14 of reg 261/2004:
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
from Bott Online:
http://www.bottonline.co.uk/flight-delay-compensation/claim-guides/flight-compensation-bad-weather