Flight delay and cancellation compensation, Thomas Cook ONLY

AndyJ12

Thanks I'll give it a go!

tired_mum

Chas wrote: »

Flight TCX7507 Dalaman - Stansted 13 August 2015

The flight was delayed from 22:40 & eventually took off at 03:15.
The Captain gave the excuse that a handle on a door on the plane had been broken by a passenger sitting on it.
It wasn't clear whether the plane was repaired or a replacement plane sent instead.

Am I likely to get compensation? Thank you in advance for any help/advice

I was on this flight and put in a claim as advised by TC in a letter given to me at the airport this is the email reply i received today


Thank you for contacting us about your flight.

I am sorry that your flight with us was delayed and for any inconvenience that this must have caused you. We work really hard to ensure that when a flight is delayed the disruption caused is kept to an absolute minimum.

Unfortunately there are a number of factors that can contribute to a delay that have to be considered, such as Airport Authorities or Air Traffic Control, before an up to date departure time can be secured. As soon as confirmed information becomes available we commit to telling you at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and we can see that the flight was delayed due to circumstances that were completely beyond our control. This investigation shows that the root cause of the delay was due to passenger broke Arming Handle on exit door.

On this occasion under EU Regulation 261/2004 compensation would not be payable.

The on-time performance of your flight is as important to us as it is to you, and I’m really sorry that you were delayed. Once again, thank you for contacting us, and we look forward to welcoming you to travel with us again soon.

Not really sure what to do next does anyone have any advice or is this a lost cause?

Keeping_Motivated

It seems TC used the 'Passenger broke the arming handle' excuse on many flights in August. They said the same to us on the plane on a flight in August which was delayed for 11 hours.
I have not had a response to my email yet but I have a feeling I will get the same as you.

Justice13075

Checked your flight details on the Bott & co website (NWNF solicitors)
They confirm you are entitled to 400euro per passenger compensation. So read Vaubans guide and if you think you have a claim issue a NBA letter or pass it on to a NWNF solicitor

Tyzap

tired_mum wrote: »

Not really sure what to do next does anyone have any advice or is this a lost cause?

Hi,

TC claim this is an EC, but it's not. Damage to the interior of an aircraft caused by a passenger has to be a regular occurrence, this makes it 'inherent' within the operation of the airline.

No doubt TC fixed the fault, so they accepted that it was their responsibility, which again makes it inherent within the operation of the airline.

If a fault or problem is inherent to the airline it cannot be an extraordinary circumstance, this point has been confirmed by the courts at senior level.

Please read Vaubans guide and follow the links therein to Walletin-Hermann and Huzar judgements to learn more.

You have a valid claim.

Good luck.

Vauban

I would write asking exactly when and how this technical problem occurred. The longer the gap between the incident and your flight, the less chance the airline has of defending the claim. And do the airline believe this was deliberate or an accident by the passenger? The latter would arguably be an ordinary circumstance, inherent in the business of running an airline, whereas deliberate vandalism might be classed as "extraordinary". Tell the airline you require much more information, otherwise you will refer to the CAA and/or commence legal action. (I note that the Bott online calculator reckons you have a legitimate claim.)

EDIT: Tyzap and Justice too fast for my fat fingers ...

Keeping_Motivated

Hi could someone point me in the direction of Vaubans guide please?

111KAB

Google or > https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0

Mallows

I'm pleased to say that with the help from Bott & Co Solicitors I have recently received £625 in compensation in respect of 3 passengers for a flight delay (Thomas Cook) from Cyprus which occurred about 3 years ago. I decided to use the Solicitors as apart from the flight number I managed to track down I had no other evidence at all and although it took about 6 months in the end I can't fault the Solicitors as they kept me in the loop, sending regular email updates.

dunkertruck

weird how some take 6 months and ours is 9 months and counting. Well done though