Flight delay and cancellation compensation, Thomas Cook ONLY

Caz3121

MickT2112 wrote: »

She has contacted Thomas Cook and applied for compensation for the delay and time off work etc but they have replied stating that the delay was due to " Bird Strike " and they will not be paying compensation and have closed her case .

If you search this thread on "bird strike" you will find a number of other posts
Airlines are not responsible for consequential losses like time off work - she should look to her travel insurance to see if that would cover anything
Vauban's guide will give guidance to next steps

diane456

MickT2112 I'm not sure if you've seen this. http://www.manchestereveningnews.co.uk/news/greater-manchester-news/thomas-cook-loses-landmark-bird-strike-9204092
As it was county court it doesn't rewrite legislation but it does set a precedent and gives hope.

diane456

I'm just starting with my fight for compensation for a 22 hour delay. I am reading all I can but can't seem to find the answer I need. The flight that was coming out to Hurghada hit a bird on takeoff, the captain flew on for 25 minutes before declaring a general emergency and returned to Manchester (I have heard he was over Germany at the time he turned back), the passengers on this flight then boarded a plane that had come back from Turkey and arrived in Hurghada some 7 hours late. We were flying from Hurghada to Manchester and had to wait over 22 hours as the crew needed their rest period. Can TC still claim EC even though it wasn't our particular flight that hit the bird?
Also, I know this is unrelated but I am a special assistance passenger and myself, my husband and another couple on the ambilift were left waiting at the plane door for over 20 minutes in temperatures exceeding 50 degrees and could only watch as the rest of the plane boarded. Apparently the plane temperature was 40 degrees as ground crew hadn't started the air conditioning, the first officer started it and the cabin manager then decided it was too hot to board. She admits to hearing our ambilift driver knocking on the door but says then the able bodied passengers started arriving and she forgot all about us sat out there. I'm not sure where to go with this one but I am furious and nearly didn't board the plane. The cabin crew manager is writing a report and the Captain is including it in his report too as he was not happy.
Any advice welcomed.

Tyzap

diane456 wrote: »

Can TC still claim EC even though it wasn't our particular flight that hit the bird?

Also, I know this is unrelated but I am a special assistance passenger and myself, my husband and another couple on the ambilift were left waiting at the plane door for over 20 minutes in temperatures exceeding 50 degrees and could only watch as the rest of the plane boarded. Apparently the plane temperature was 40 degrees as ground crew hadn't started the air conditioning, the first officer started it and the cabin manager then decided it was too hot to board. She admits to hearing our ambilift driver knocking on the door but says then the able bodied passengers started arriving and she forgot all about us sat out there. I'm not sure where to go with this one but I am furious and nearly didn't board the plane. The cabin crew manager is writing a report and the Captain is including it in his report too as he was not happy.
Any advice welcomed.

Hi,
The bird strike delay caused a 'Knock on' delay to your flight, that does not qualify as an EC. You are due compensation.

Airline are obliged by the EU261/2004 regulations to pay extra attention to passengers with special needs. Your needs should take priority over able bodied passengers. Airlines very rarely take this requirement into account when a delay occurs, but that is not an excuse. You should read Vaubans guide, which has a link to the EU261 regulations. Find and quote the bit about passengers with special needs and then quote it to the airline as a part of your claim. You won't qualify for any more than the standard amount but it should help your case. Ask for your case to be prioritised too.

If they don't take your claim seriously I would also contact the News Papers, they love stories like yours, and it may get your claim sorted PDQ!

Good luck.

diane456

Thank you Tyzap, I've found the following

Persons with reduced mobility or special needs

1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children.

2. In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible.

I've filled in TC's online form. Would you recommend I also use the template letters from here? I've also read Vaubans guide and saved it for future reference.

Tyzap

diane456 wrote: »

Thank you Tyzap, I've found the following

Persons with reduced mobility or special needs

1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children.

2. In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible.

I've filled in TC's online form. Would you recommend I also use the template letters from here? I've also read Vaubans guide and saved it for future reference.

Yes, also use them and adapt slightly to emphasise your particular circumstances.

Good luck.

dunkertruck

Hi all,

does anyone know if I can contact TC to ask whether or not our booking from 2010 had a Free Child Place. We only have a Booking Confirmation from back then that states "Discount £xxx" ... but nothing on the invoice says Free Child Place.

As it is so long ago and it was for a family booking of 12 we simply cannot remember if the kids were free places or not.

I ask because Botts have been in touch with our claim to say that TC say no fare was paid for our youngest so I'm inclined to agree with TC on this... we just cannot remember!

Any thoughts welcome

dunkertruck

clearly not a question thats been asked before then. Have informed Bott & Co not to try and claim for my youngest as we cannot prove we paid for her.

Justice13075

Couldn't you send a request for the information they hold on you subject access request?

dunkertruck

Justice13075 wrote: »

Couldn't you send a request for the information they hold on you subject access request?

We are using Bott and they emailed back today to say that as they (TC) have evidence she was a free place then they have removed my daughter from the claim.