Flight delay and cancellation compensation, Thomas Cook ONLY

diane456

Is is normal not to hear even an acknowledgment from TC? I emailed them on 23rd July via their website and not a word back, which is incredibly rude.

pencoed99keith

please can anyone help me i have tried so many ways i am now at a loss
My wife and myself turned up at Cardiff airport at 17:35 on the 5th June 2015 for our flight out to Mamaris booked
for 20:10pm that evening
after waiting some 25 minutes an attendant from another airline asked if we where waiting for anything at the
Thomas-cook desk as there were no flights out that night , she then assisted us with some information that
the flight had left at 08:10 that morning, we were then given some contact details and made enquirers .
your customer service phone line informed us that flight times ad been renewed in September 2014 , as we had
booked prior to this date we were not informed of flight time changes due to glitch in the computer we were over-
looked .
your C/Service help line made several phone calls and arrangements ,some 2 hrs later after many phone calls, we were
taken to London Gatwick by taxi supplied by T/Cook we were dropped off at north Gatwick premier inn by the driver
and left there
,we were informed by the hotel we had been dropped at the wrong premier and had to make our way across to
A23 premier,my wife and myself then made our way over an incline banking over a fence across a duel carriage
causing harsh damage to the case by this time the wheels had collapsed , we got to A23 and was booked in at
01:10 am 6 th June as all the facilities had closed we went to our room until a taxi was sent for us at 04:15
and we were dropped at Gatwick south terminal,
We booked in after some complications and continued to the food court for a meal ,
on arriving at Dalaman airport transfers had been arranged for us and we were taken to our planed hotel ,on reaching
the hotel we were greeted with Sorry we thought you were not coming and your room had been re allocated and we
were then moved to some random hotel
causing more damage to the cases being dragged across lanes and roads, after 2 days of living out of our cases and not disturbing
our clothes ,we returned to our hotel but not our usual requested room ,at this stage we then began to enjoy our holiday .
I would like to thank the 2 girls at C/Service T/Cook who tried their best to make the transfer as best as possible
Mr Keith Llewellyn Mrs Elaine Llewellyn

receipts for the food court of £23.48 and photos of case damage can be forwarded if an when required
© 2015 Microsoft Terms Privacy & cookies Developers English (United Kingdom)

PLEASE CAN SOMEONE ADVISE ME

pencoed99keith

YOU SEEM TO HAVE HELPED A LOT OF PEOPLE WITH ALL THE THANKS YOU GOT PLEASE CAN YOU HELP ME WITH MY PLIGHT OR IS IT NOT WORTH CHASING

My wife and myself turned up at Cardiff airport at 17:35 on the 5th June 2015 for our flight out to Mamaris booked
for 20:10pm that evening
after waiting some 25 minutes an attendant from another airline asked if we where waiting for anything at the
Thomas-cook desk as there were no flights out that night , she then assisted us with some information that
the flight had left at 08:10 that morning, we were then given some contact details and made enquirers .
your customer service phone line informed us that flight times ad been renewed in September 2014 , as we had
booked prior to this date we were not informed of flight time changes due to glitch in the computer we were over-
looked .
your C/Service help line made several phone calls and arrangements ,some 2 hrs later after many phone calls, we were
taken to London Gatwick by taxi supplied by T/Cook we were dropped off at north Gatwick premier inn by the driver
and left there
,we were informed by the hotel we had been dropped at the wrong premier and had to make our way across to
A23 premier,my wife and myself then made our way over an incline banking over a fence across a duel carriage
causing harsh damage to the case by this time the wheels had collapsed , we got to A23 and was booked in at
01:10 am 6 th June as all the facilities had closed we went to our room until a taxi was sent for us at 04:15
and we were dropped at Gatwick south terminal,
We booked in after some complications and continued to the food court for a meal ,
on arriving at Dalaman airport transfers had been arranged for us and we were taken to our planed hotel ,on reaching
the hotel we were greeted with Sorry we thought you were not coming and your room had been re allocated and we
were then moved to some random hotel
causing more damage to the cases being dragged across lanes and roads, after 2 days of living out of our cases and not disturbing
our clothes ,we returned to our hotel but not our usual requested room ,at this stage we then began to enjoy our holiday .
I would like to thank the 2 girls at C/Service T/Cook who tried their best to make the transfer as best as possible
Mr Keith Llewellyn Mrs Elaine Llewellyn

receipts for the food court of £23.48 and photos of case damage can be forwarded if an when required
© 2015 Microsoft Terms Privacy & cookies Developers English (United Kingdom)

WOULD BE VERY GREATFULL IF YOU COULD OFFER ADVICE (SORRY NOT TO SURE HOW TO USE THIS SITE TO GOOD )

pencoed99keith

111KAB wrote: »

MickT2112 - all explained in Vauban's Guide. Will require possible court application - DIY or NWNF.

NOT TO SURE HOW TO USE SITE TO WELL
YOU HAVE HELPED SO MANY PEOPLE WITH ALL YOUR THANKS IN YOUR SITE PLEASE HELP ME My wife and myself turned up at Cardiff airport at 17:35 on the 5th June 2015 for our flight out to Mamaris booked
for 20:10pm that evening
after waiting some 25 minutes an attendant from another airline asked if we where waiting for anything at the
Thomas-cook desk as there were no flights out that night , she then assisted us with some information that
the flight had left at 08:10 that morning, we were then given some contact details and made enquirers .
your customer service phone line informed us that flight times ad been renewed in September 2014 , as we had
booked prior to this date we were not informed of flight time changes due to glitch in the computer we were over-
looked .
your C/Service help line made several phone calls and arrangements ,some 2 hrs later after many phone calls, we were
taken to London Gatwick by taxi supplied by T/Cook we were dropped off at north Gatwick premier inn by the driver
and left there
,we were informed by the hotel we had been dropped at the wrong premier and had to make our way across to
A23 premier,my wife and myself then made our way over an incline banking over a fence across a duel carriage
causing harsh damage to the case by this time the wheels had collapsed , we got to A23 and was booked in at
01:10 am 6 th June as all the facilities had closed we went to our room until a taxi was sent for us at 04:15
and we were dropped at Gatwick south terminal,
We booked in after some complications and continued to the food court for a meal ,
on arriving at Dalaman airport transfers had been arranged for us and we were taken to our planed hotel ,on reaching
the hotel we were greeted with Sorry we thought you were not coming and your room had been re allocated and we
were then moved to some random hotel
causing more damage to the cases being dragged across lanes and roads, after 2 days of living out of our cases and not disturbing
our clothes ,we returned to our hotel but not our usual requested room ,at this stage we then began to enjoy our holiday .
I would like to thank the 2 girls at C/Service T/Cook who tried their best to make the transfer as best as possible
Mr Keith Llewellyn Mrs Elaine Llewellyn

receipts for the food court of £23.48 and photos of case damage can be forwarded if an when required
© 2015 Microsoft Terms Privacy & cookies Developers English (United Kingdom)


IF THIS IS THE WRONG SITE TO POST I APOLAGISE

Scruffywuffy

MickT2112 wrote: »

Hi , Looking for some help and advice please , on the 2nd July 2015 my daughter suffered a 22 hour delay on a flight from Corfu to East Midlands airport . 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 . Is there anyway we can take this further ? Thanks in advance

Thomsons have just settled with me having initially denied my claim due to birdstrike. They actually said that it was damaged by birdstrike in a "previous rotation" plus in a FOIA request from the CAA, the CAA said engineers had said it had happened days ago and the aircraft had been used in those days. I used that (knock on) and the recent Ash v Thomas Cook case in my Particulars as to why this was not an Extraordinary Circumstance.


Mind you, my flight was delayed for 3 separate reasons - the birdstrike, the replacement plane also suffered a technical fault (Thomsons never told me what this was, despite me asking) then the crew was out of hours, but given the recent Ash v Thomas Cook case, I'd say it's definitely worth fighting that birdstrike is an Extraordinary Circumstance.

Olpk

tcx6026 20th may 2013 Newcastle to Corfu

I've just won against Thomas Cook in the small claims court re this flight and just wanted to post firstly to support any other passengers who may be in the process but also to mention how Thomas Cook made their defence as their engineer said it was the first time they attempted this defence.
Our flight suffered weather radar failure and a part was replaced prior to us boarding but weather radar issues persisted resulting in our plane moving to Manchester for repairs instead of to Corfu . Once fixed we landed in Corfu late hence I started the claim process.
Initially my claim was declined by TC as extraordinary circumstance due to the new part fitted prior to our boarding failing straight after it was fitted requiring another replacement.
I made no attempt to approach the CAA and went straight for the small claims option doing everything myself ,claiming for myself and 2 family members.
My case finally got heard on the third visit to court. The solicitor sent on the second occasion informed me without doubt they will take the case through the hearing rather than striking a deal as they wanted to test the evidence submitted.
The basis of their defence was firstly claiming a manufacturing defect as the part fitted to our plane "failed on fit". Fail on fit I learned is an accepted airline term for a part that lasts only a short period rather than for its full life expectancy. Apparently parts fitted and lasting months can be classed as fail on fit if they don't last long enough. They claimed this was evidence of a manufacturing defect.
I recited the wallenthin case and jet2 hussar which TC used but they tried to infer a different interpretation. I had expected the case to hang on the fact TC had no manufacturer or competent authority to declare a manufacturing fault , basically relying on A job sheet from a rotatable parts supplier saying the part needed repairing.
Instead the judge decided she was happy that the failure although sudden and unexpected was still within the normal business of running an air carrier hence was not an extraordinary circumstance.
TC played heavily also on the NEBB guide to what constitutes extraordinary circumstances and also presented an out of date CAA guidance on extraordinary circumstances . I presented an updated CAA guidance amended since the Jet2 and also quoted the judge from the second Huzar hearing where the judge dismissed the NEBB guidance as not relevant to legislature.
TC where asked if they wished the right to appeal and their Engineer Mr Boothman said it was the first time they had tried this defence .
The judge declined their request for appeal. Although I think their barrister only asked for it to keep the option open.

In response to the judge in our second hearing TC where forced to disclose if any other person from this flight had made a claim and they divulged that a claimant called Wilkinson and five other had made a claim but had discontinued in response to TC submitting their defence.

I know my case doesn't provide any case law but I would urge anyone from this flight to pursue a claim and bring up whether other persons have claimed and been successful at the start of any case.

pinkyboy

Hopefully this post has worked okay as it is my first one and I am looking for some advice please.
I recently had a delay of over 27 hours from Manchester to Fuerteventura due to a technical fault with the plane. This was a Thomas Cook holiday, all inclusive for 7 days. Our plane however was with Condor Airlines. We were given a letter by Thomas Cook, albeit on Condor headed paper, that we should contact the Thomas Cook customer services on our return regarding any claim, which I did. Thomas Cook have now informed us that our claim is with Condor Airlines and not them. As my booking was with Thomas Cook I can't see why I need to claim through Condor? Also, am I entitled to any compensation for losing a day and a half at my all inclusive hotel and if so, will this claim be with Thomas Cook as the package was purchased through them? It seems to me they are 'washing their hands' of this issue. I have e-mailed them, but no reply as yet! Any advice would be gratefully received. Thanks

richardw

pinkyboy wrote: »

.... This was a Thomas Cook holiday, all inclusive for 7 days. Our plane however was with Condor Airlines. We were given a letter by Thomas Cook, albeit on Condor headed paper, that we should contact the Thomas Cook customer services on our return regarding any claim, which I did. Thomas Cook have now informed us that our claim is with Condor Airlines and not them. As my booking was with Thomas Cook I can't see why I need to claim through Condor? ...

Does EU regulation EC 261/2004 say claim from who you booked with or the operating air carrier?

diane456

They are just plain rude not to even acknowledge my initial correspondence. So I've decided not to give them the 28 days they asked for over the phone (when they advised I had to fill in their online EU261/2004 claim form) and have just sent this. It costs nothing to send an acknowledgment of receipt. I'm not prepared to enter into email ping pong with them, we are owed the money and I want it.

From: xxxx
Date: Sunday, 2 August 2015 15:29
To: <relations.customer@thomascook.com>
Subject: Compensation claim for delayed flight - Notice Before Action

Dear Sir or Madam,

Booking reference: xxx and xxx Passengers: xxx, xxx, xxx, xxx, xxx

Further to my correspondence via email on 23rd July 2015 and subsequent completion of your online EU261/2004 claim form, I have not received any response to my compensation claim for flight TCX2873 which was due to take off on 21/07/2015.

The flight was delayed by 22 hours. We have been informed by TC staff that this was due to the aircraft hitting a bird on takeoff during a previous flight, meaning a different aircraft had to be sourced. The replacement aircraft arrived in Hurghada during the morning of 22nd July. We were then scheduled to depart at 19.45 and finally departed at 19.58 on 22nd July 2015. We arrived in Manchester some 22 hours late. The captain, when we finally boarded, apologised and explained the circumstances surrounding the bird strike and advised that the departure was delayed further due to the crew needing their rest break after arrival in Hurghada.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. This has been subsequently acknowledged by UK courts, including the Supreme Court recently. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

I am aware that you may try to claim extraordinary circumstances as reason for the delay due to the bird strike on a previous flight in the day and would like to refer you to the recent Timothy Ash v Thomas Cook County Court case whereby Judge Sunil Iyer ruled that birdstrike was not an extraordinary circumstance.

Further to this, extraordinary circumstances can only be cited if they affect my specific flight and not an earlier flight using the same aircraft.

Oyj v Timy Lassooy Case C-22/11 confirms 'In addition, it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight. The concept of ‘extraordinary circumstances’ is intended to limit the obligations of an air carrier – or even exempt it from those obligations – when the event in question could not have been avoided even if all reasonable measures had been taken.” and "extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight”

I would also like you to note that, contrary to EU regulation 261/2004 we were not offered any means of communicating with home and had to use our own phones.

We were also not supplied any correspondence detailing our rights as set out in the legislation Passengers should be fully informed of their rights in the event of denied boarding and of cancellation or long delay of flights, so that they can effectively exercise their rights.

We were handed a letter to claim to assist with any claim from our insurance as the delay was over 12 hours. This letter we were handed on arrival at Manchester Airport states that the plane was delayed due to a technical fault, which contradicts the information given by the Captain, Thomas Cook ground staff in Hurghada and reported in various UK press. It also contradicts the letter handed to us at Hurghada airport which states the delay was due to the aircraft being involved in a bird strike incident during take-off in Manchester on flight TCX 2872. The letter goes on to state that a replacement aircraft was then used for TCX2872 and the same aircraft would be used to take us home on TCX2873. The letter handed to us in Manchester for our insurers also contains factually incorrect information regarding the scheduled departure time, which was 21.50 local time on 21st July 2015, yet the letter states 22.50 local time.

Our plane was delayed due to knock on effect from a previous flight and the crew needing their rest period. Neither of these are classed as extraordinary circumstances under EC Regulation 261/2004. We were delayed by approximately 22 hours and the flight is a distance of approximately 4140kms, I am claiming €600 per delayed passenger in my party. The total is €3000 for all passengers, plus interest @8% p.a. Should you neither settle my claim in full nor provide a full and satisfactory defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.

Please take note, you have written permission from my daughter xxx for me to deal in full with her booking reference, up to and including any court proceedings.

Yours faithfully,

Mrs xxx

devilish1190

The regulation is against the air carrier.
When I took action against Thomas Cook , their solicitors complained I had sent paperwork to Thomas Cook holidays when it should have gone to Thomas Cook ltd the air carrier which is a separate entity.

261/2004 is a regulation to control air carriers NOT holiday companies.