Flight delay and cancellation compensation, Thomas Cook ONLY

Wonderlust

Tyzap wrote: »

Hi Wonderlust,

Yes you should re submit your claim.

The courts have put a stop to the false excuse of technical faults being an 'extraordinary circumstance'.

Please read Vaubans guide (just Google it) for loads of helpful information, links and template letters.

Good luck.

Thank you. I have now resubmitted my claim and will give it a few weeks (I haven't received an acknowledgement from Thomas Cook yet). To be honest, I am expecting another rejection, but I'm not giving up!

legal_magpie

Hi Wonderlust There's no need for you to give them a few weeks. They've already had and rejected your claim. The longer you give them the longer they'll take. 14 days is sufficient.

carronm

Hi All


Trying to claim for a party of 6 people with a 6+ hour delay back in 2010, but none of us can find an old boarding card, and the lead passenger can't remember who it was booked with to obtain the booking reference number. I have given full details of the flight and all the passengers but they still say they can't locate a reservation for us and will not proceed until I have booking confirmation. Does anyone know if the airline is legally required to keep a flight manifest which would show all the passenger names? Or has anyone had success in claiming without the boarding cards or booking ref no??


Any help would be appreciated!

legal_magpie

Carronm, after all this time, it will be difficult if you haven't got anything at all to back up your claim. If you booked with them direct perhaps a credit card statement may help. Not having documentary evidence of any kind isn't an absolute bar to success but you would have to convince a judge that you were on that particular flight and that it was delayed. The airline isn't required to keep records that far back but if you were to sue them they are only required to produce documents on which they intend to rely.(This is the norm in small claims cases).
You might be able to persuade a Judge to direct them to produce records but you would be met with the argument that you are on a "fishing expedition". the airline might simply sit back and say "Prove your case". They are entitled to do that.
Remember that there is an absolute time limit of 6 years from the date of the flight to commence court proceedings.

Caz3121

have a read of Vauban's guide, I think SAR is covered around 5.2...think it will cost you £10

legal_magpie

Oops. Forgot about SAR. Time I retired

razorsedge

Caz3121 wrote: »

have a read of Vauban's guide, I think SAR is covered around 5.2...think it will cost you £10

In my experience, an SAR is still unlikely to give you absolute proof that you were actually on particular flight but may reveal some booking details.

carronm

Thanks for this. After a bit more digging, we managed to find the booking ref number after all so I have submitted this now. Does this prove that you were on a flight? Also, would it matter that it was Thomas Cook Airlines flight, on Airtours package deal booked via Co-Operative Travel??

diane456

Just to update on my claim with TC. I've heard from Bott and Co today and they have filed court proceedings so keeping fingers crossed. I'm guessing TC will defend but they could surprise us and just pay out. Looks like I could get my day in court after all.

endaf

Hi all,
I’m back again asking for further info regarding my delayed flight to Hurghada.
Quick info is that Thomas Cook have refused compensation citing extraordinary circumstances due to a “power spike” that occurred at Gatwick airport.
Did have Bott & co on the case but they’ve refused to continue as they state a county court agreed with TC-this was some time last year though.
I wrote to Gatwick airport to see if I could get any info on this “power spike”
Here’s what I wrote-

I’m writing to you in order to clarify a response I have received from Thomas Cook with whom im in the process of taking to court to force compensation to be paid out under EU Reg 261/2004.
Im enquiring against flight TCX 1518 scheduled to fly from Gatwick to Hurghada on 24/06/14 at :13:50 but this was delayed until 25/06/14 at :15:20. The airline Thomas Cook have said under EU 261/2004 we are not entitled to compensation for the 25.5 hour delay, due to ‘Extraordinary Circumstances’ as they state that the issue was caused by the power supply to the aircraft at LGW. Thus making the fault yours and not theirs.
Their response to this extraordinary circumstance was “On connection of ground electric power supply aircraft was spiked and seven circuit breakers tripped out. Seven affected computers, four available locally other three delivered to LGW. All units replaced and significant testing and inspection required. Issue with airport power supply and not with the aircraft. Investigation being carried out at LGW.”
I am in the process of putting together my case against Thomas Cook & require a full response from Gatwick Customer services in regards to this “power spike” that was caused by equipment provided by your airport.
I am happy to pay a small fee in order to be granted access to any & all official investigation reports &/or documents relating to the reason flight TCX 1518 on 24/6/14 was delayed.
I would appreciate if you could reply at your earliest convenience with the information I have requested

And this is the reply I received from Gatwick Airport-

Thank you for the email I received about your experience at Gatwick Airport last year.
Firstly, I’m really sorry to hear that your flight to Hurghada was delayed on the 24 June. We have investigated the points you’ve made and the cause of the delay and have been advised by our Engineering team that they are aware of the difficulties Thomas Cook experienced with their aircraft that day. Our Engineering team carried out a thorough investigation with an external company who are responsible for the pier electrical services and they were advised that there is no evidence to state that our equipment caused the aircraft to fault.
We have over 500 aircraft movements in any one day spread between both terminals and 98% of those aircraft are serviced with a stand. I can confirm that no other aircraft experienced similar issues. Therefore, we wouldn’t be offering any compensation to passengers on flight TCX1518 and we suggest that passengers contact Thomas Cook regarding any welfare claims or claims for compensation under the Air Passenger Rights legislation.
I hope this helps you with your case against Thomas Cook.


In the meantime ive opened my case with the county courts & Thomas Cook state they are going to defend it.
I have yet to be given a date for the hearing but I want to be as prepared as possible.
So im back here to ask- Can I get any further information out of Gatwick Airport? A copy of this official report that the engineering team carried out? If not, am I allowed to call the airports engineering team as witnessing to the court?
Can I request Thomas Cook hand over all official documents they have proving this “power spike”?
Where do I stand with the recent court case that threw out the airlines whole defence of using “extraordinary circumstances”? has it strengthened my case at all?
Apologies for the very long post but I wanted you to have as much of the information as possible.
Appreciate any help you helpful people can provide.