Flight delay and cancellation compensation, Thomas Cook ONLY

blondmark

mumbles87 wrote: »

I Keep trying to claim for a delayed flight last summer

they claim that because the plane had a mechanical problem it counts as "exceptional circumstances" however we all know it doesn't

yet what can I actually do about it?

Sue the !!!!!!!s. <-- that's not what I typed :huh:

111KAB

mumbles87 wrote: »

I tried the CAA however they said because the plane left from spain i have to speak to their version of the CAA however of course their the only ones not to have an email address and I have to phone or write

They do have email however they require written confirmation via EU form regarding your complaint together with copy of all your correspondence with the airline including copy of booking etc HOWEVER once you have posted all this off they then acknowledge (takes around 10 days) then they give the airline 30 days to respond. The airline do not respond (as they do not legally have to) and after about 3 months the NEB write to you to say they have been unable to obtain a reply from the airline and suggest you may wish to pursue this through your local court process!!

martin1372

Looking for some advice. I was on flight TCX417 Antalya to Glasgow on 14/7/08 with my wife and children. I do not have any of the documentation. Have written to Thomas Cook and after 3months and 3 other letters have finally received a reply stating they will not accept the claim if I am unable to confirm to them that I had a reservation. They are asking for either a confirmation invoice or a ticket booklet or boarding cards. The only evidence I have is the stamps of my wife's passport entering and leaving Turkey.
The flight was delayed by 12hours
It states on the letter that the legislation does ask that the customer prove that they travelled on the flight- is this correct? or is it up to them to prove that we were not on the flight.
Any advice?

Moneysensible

Our flight with TC coming home from Tenerife to Glasgow in October 2012 was delayed by over 4 hours. I wrote by e-mail to them in November. Although I had not kept my flight details I was able to call my travel agent and get my flight number in order to quote this. They sent me a letter in January with a voucher attached for £200. However, I e-mailed them back with a further letter (see below):-

Dear Sir/Madam
I am in receipt of your letter dated 25th January 2013 in response to my claim regarding a flight delay and enclosing a £200 discount voucher.
The compensation offered is much lower than I am entitled to. The flight we were booked on was delayed by more than 3 hours. The distance from Tenerife to Glasgow is approximately 1982 miles. As the delay was not due to ‘extraordinary circumstances’ this entitles us to €400 (approx £345) per person in compensation.
There were 4 passengers in the party which means we are entitled to compensation in total of €1600.
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. As such, I am seeking the recommended compensation (in cash) under EC Regulation 261/2004 for this delayed flight.
I look forward to hearing from you and would welcome a response in 14 days.

Yours faithfully

Following this, they responded within 2 weeks with a further letter replacing the first voucher with one for £1400, valid for 1 year. I then contacted them by telephone to explain I was not going on holiday within the next year and could they send a cheque. This was agreed on the phone and a cheque was with me within a week.

I have to say, I knew the error was the airline's as the pilot had apologised when we boarded the late flight and advised us our plane had been sent elsewhere and he had therefore had to fly from London to collect us. I suspect this is why my compensation claim was not questioned or rejected. RESULT! Thanks to MartinSavingExpert.

blondmark

martin1372 wrote: »

Looking for some advice. I was on flight TCX417 Antalya to Glasgow on 14/7/08 with my wife and children. I do not have any of the documentation. Have written to Thomas Cook and after 3months and 3 other letters have finally received a reply stating they will not accept the claim if I am unable to confirm to them that I had a reservation. They are asking for either a confirmation invoice or a ticket booklet or boarding cards. The only evidence I have is the stamps of my wife's passport entering and leaving Turkey.
The flight was delayed by 12hours
It states on the letter that the legislation does ask that the customer prove that they travelled on the flight- is this correct? or is it up to them to prove that we were not on the flight.
Any advice?

The Regulation merely states that the applicant must have a confirmed reservation on the flight, and since you cannot fly without one you need merely prove on the balance of probabilities (i.e. 51%) that you were on that flight.

As for proof, it is for the airline to prove (not just allege) the existence of extraordinary circumstances.

I'm guessing you have a computer because you're on this forum. Did you try putting 'Thomas Cook' and/or 'TCX' in the search facility of your email program?

The Civil Procedure Rules require the airline to submit to the court all evidence relating to your claim, both helpful to their defence and harmful to it too. For example it would be mandatory for them to submit evidence that you were on that flight, and a breach of the CPR to fail to cooperate with this step.

Another possibility is to start your claim, which takes ages anyway, and in the meantime do one of THESE to make them provide the information.

martin1372

Thanks
Unfortunately already searched the emails. Contacted travel agent and their records only go back to 2009. I have my wifes passport which has the date stamps. Have drafted further letter and also enclosed a release request using the data protection act. Have also tried emailing the Zanadu hotel where we stayed.

blondmark

martin1372 wrote: »

Thanks
Unfortunately already searched the emails. Contacted travel agent and their records only go back to 2009. I have my wifes passport which has the date stamps. Have drafted further letter and also enclosed a release request using the data protection act. Have also tried emailing the Zanadu hotel where we stayed.

Impressive - you should be a lawyer!

Shunter64

martin1372 wrote: »

Thanks
Unfortunately already searched the emails. Contacted travel agent and their records only go back to 2009. I have my wifes passport which has the date stamps. Have drafted further letter and also enclosed a release request using the data protection act. Have also tried emailing the Zanadu hotel where we stayed.

Good call on contacting the hotel! I'm in exactly the same position as you and have no confirmation - see my "Gutted" thread. I will email my hotel for confirmation of my stay. I have also written and made a SAR request and got credit card statements coming for that period. As its a civil case the test is on the balance of probability rather than beyond reasonable doubt so all the evidence you can obtain that shows you were on holiday when you say you were and that you travelled with TC will help. Good luck.

maghater

111KAB wrote: »

They do have email however they require written confirmation via EU form regarding your complaint together with copy of all your correspondence with the airline including copy of booking etc HOWEVER once you have posted all this off they then acknowledge (takes around 10 days) then they give the airline 30 days to respond. The airline do not respond (as they do not legally have to) and after about 3 months the NEB write to you to say they have been unable to obtain a reply from the airline and suggest you may wish to pursue this through your local court process!!

In my case with the AESA they confirm that TC had not replied to them, but they claim to have studied all the allegations and my claim, and "in this case AESA considers the company has not proved the long delay was caused by extraordinary circumstances. Accordingly the air carrier should pay you compensation of EUR 400 per passenger ....................." I would hope that this will carry a bit of clout in a small claims court. Part of my argument is that the NEB has the experience and expertise to make a judgement on this matter. TC should also have expertise in this matter, and if they had what they believe was a valid defence, would willingly have cooperated with them. not doing so and relying on a judge with no technical understanding of the industry smacks to me of desperation.

DEP3510

I was delayed on both outward and return flights TCX 2994 & TCX 2995 and have recieved the usual replies. I am certain that the delays of 5 hours on each flight were caused by TC sending the plane to Glasgow for a Cancun Flight as opposed to be used for our flight (we even flew outward on a Thomson plane and Thomson crew. Anyway - off to MCOL but can both flights be included on the same MCOL claim or are they separate claims?

Thanks in advance.