Flight delay and cancellation compensation, Thomas Cook ONLY

endaf

Vauban- this is the email that i received from Gatwick Customer Services, as i mentioned ive asked for the actual report so that i have a bit of weight to show the judge but still waiting for their reply on that request.

[FONT=&quot]"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.[FONT=&quot]"

[FONT=&quot]What do you t[FONT=&quot]h[FONT=&quot]ink?[/FONT][/FONT][/FONT]
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JPears

I think you have a strong case. Have TC actually provided you with a copy of their communication from Gatwick? They will have to at some stage before entering the court room.
There is the other aspect /hurdle in that they took 26 hours to provide your onward travel. I don't many judges will describe their efforts as up to intolerable sacrifice to shorten your delay.

Tyzap

endaf wrote: »

TC say in their defense that they tried to source replacement parts from Heathrow, tried to put on another plane of similar size but it was in spain & the crew were running out of their flying hours. they then state that they tried to source a new crew but failed,

In addition to the good advice above....

Wallentin-Hermann (3rd question) All reasonable measures.

If the airline claims EC's, and in the unlikely event that the judge was to agree them, they would still have to pass the 'All Reasonable Measures' test, otherwise you would still win your compensation claim. The hairy fairy reasoning they gave does not meet those requirements imho. Read the link provided in Vaubans guide about the 3rd question, it's quite exact, as this extract shows....

(TC) must establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time – to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

Good luck.

JPears

like I said - but less eloquently...

endaf

thanks all for the additional advice, def feeling more confident now. be writing up all my stuff over the Christmas period using all your excellent advice & then lets see what the judge decides!!

bartonhillbum

Good Day All I wrote to Thomas Cook (Sunshine Holidays) in Sep 2010 Complaining about the Holiday accommodation as well as the long flight delay (from Kos - 12 midnight flight finally took off 8 pm the following night.
(I quoted everything at the time, not knowing anything about compensation)
Hearing about the compensation rules etc. I sent a letter to Thomas Cook Group in London, dated 2nd Aug 2014, (using the templet letter); which achieved zero response,
I then wrote to Co-op Travel (with whom I had booked the holiday). Again no response at all.

I then wrote to TCCT Retail using exactly the same templet letter this time I had a email response asking for either
My actual Boarding Card for the flight home or
My Booking Reference (which I had quoted on all correspondence).

After over 1 hour on the Hold, I finally spoke to a person in Peterborough to be told that the 'Booking Reference I had, was only the 'Agents Booking Reference' and NOT the actual 'Booking Reference - between the Agent and Thomas Cook'.
I spent over 2 hours on the telephone with Co-op (of which I am a Member) to be told I had to telephone Midland Co-op as they deal with travel, after almost an hour on various holds whilst they investigated, I was told far to much time had passed for their records
My question is am I being given the run around ?

I will be sending a letter to Thomas Cook advising them that I shall be seeking redress in the Civil Court , after Christmas.

legal_magpie

No point in sending yet another letter. You have already told them if they don't pay you will sue them so just do it

Justice13075

What caused the delay if it was not an extraordinary circumstance you probably are due compensation. Read Vaubans guide and go from there. Put your details into a flight delay checker they will tell you if you are due compensation or post them on here and someone will check for you.

bartonhillbum

Good morning All, Our delay was due (we were told) was because the flight had landed on Rhodes and could not take off because of high winds, we ended up on a charter flight that was crewed by Russians, whom had been waiting to pick us up for hours, so it seemed

Caz3121

bartonhillbum wrote: »

Good morning All, Our delay was due (we were told) was because the flight had landed on Rhodes and could not take off because of high winds,

high winds would be classed as extraordinary circumstances
before spending much effort on court etc you could try a couple of things to prove/disprove the delay reason
1) have a look at flightstats - were other flights affected around the same time period
2) look at the NWNF sites (e.g. EUClaim / Bottonline) and enter the flight details and see whether they confirm there is a claim or agree that the circumstances would be extraordinary