Flight delay and cancellation compensation, Thomas Cook ONLY

DIYBaldyman

siskyline wrote: »

My main worry is if TC can pass the blame off to the ground crew as they are the ones guiding the plane in, but in my mind feel that the pilot would mantain a duty of care over the craft.

Who was to blame is irrelevant in your case - the important thing is how Thomas Cook handled the incident & whether they did everything in their power to minimise your delay. Sticking you in a hotel overnight was not anywhere close to doing that.

In one letter it confirms a strike with the air-bridge and the second one just puts it down as a technical fault for the insurance claim.

The cause of the delay is again irrelevant in your case - you have it in writing that the incident happened whilst the aircraft taking you home was taxiing to the gate, therefore you can refer to the Finnair judgement 2nd ruling which was binding & is now law;

"the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight."

I am unsure to take the challange on my own, this is the first time this has happened to me and my partner and both have not set foot in a court room

If you handle this correctly from the off there is no reason it should go to court - Thomas Cook have no defence in this case.

Suggestion - write a NBA to T.C. Legal department yourself, chances are if it's worded correctly T.C. will know they can't defend it & should pay up. If they do decide to chance it & reject your claim, you could always put it in the hands of Botts (or others) at that stage.

If you PM me your email address or email me (steveward2004@msn.com) so I can reply, I'll send you a draft template letter based on my own which resulted in T.C. making a settlement without having to go to court.

JPears

As DIY has said, there are 2 issues here. Firstly, the damage occurred on the previous flight, not yours, assuming it was when the aircraft arrived, not departed. Secondly, whatever the technical fault, it was inherent in the normal operation of the airline ie damage caused either by first or third party, so not an EC. You can be sure TC will probably be claiming damages off the ground crew firm.
There is also the second hurdle of Wallentin, 24 hrs delay could be considered an excessive delay, with the company not going up to "intolerable sacrifice" to minimise your delay.

Mr_Dangermouse

Hi,

I'm going on holiday with a few mates this weekend. We're flying Thomas Cook (booked through travelrepublic) but we booked hotels, transfers etc all separately. No package holiday.

I'm a little worried about the industrial action that's been announced, it won't affect our flight out there but may affect our return journey.

Can anyone tell me what happens if our flight home gets cancelled?

111KAB

Firstly Dangermouse I doubt either flight will be cancelled as TC will work around/resolve the reported (possible) action. If however it does occur TC will be responsible for your return flight and if delayed over 3 hours compensation under 261/2004 will be due.

JPears

111KAB wrote: »

Firstly Dangermouse I doubt either flight will be cancelled as TC will work around/resolve the reported (possible) action. If however it does occur TC will be responsible for your return flight and if delayed over 3 hours compensation under 261/2004 will be due.

No compensation if ATC strike though, unless an excessive delay.
But TC will be responsible for your care - food hotels etc until replacement flight available.

Mr_Dangermouse

So basically there is no need for me to rush out and buy a more extensive travel insurance policy?

siskyline

Hi All,

Thanks for the further comments. I put a claim in at

thomascook.com/customer-relations/

So just have to wait for a response.

I also checked on flightstats and it looks like plane did crash while on another journey. Unless they remove the plane from the gate and bring it back, unfortunately it didn't state what gate it arrived at.

flightstats.com/go/HistoricalFlightStatus/flightStatusByFlight.do?id=713538803&airline=TCX&flightNumber=124&departureDate=2016-05-15

MT124 Departed MAN at 9:15 AM and arrived at LAS at 12:05 PM

Two hours before my departure time so it sounds like this was a knock on if I'm correct. I do have the aircraft number (G-CHTZ UK) but haven't found anything useful on-line to link things up.

Thanks Steve, I will send you a PM shortly.

JPears

Mr_Dangermouse wrote: »

So basically there is no need for me to rush out and buy a more extensive travel insurance policy?

Not really. Under reg 261/2004 if you're delayed, almost whatever the reason, the airline has a duty of care, which includes overnight accomodation and food, if required. read Vauban's guide - a handy pdf with all the info.

missis_amber

16 hour flight delay from Antalya, Turkey to Birmingham by Thomas Cook due to technical fault with plane that was coming from Manchester. We were given food and accommodation. Communication was dire. Departure time changed three times. Alternative accommodation was far.
I've read all that guides but still not sure whether to contact TC or insurer for compensation. If I claim via insurer surely I'd have to pay the excess and then what little amount would they give out? Is it better to just go straight to Thomas Cook?

legal_magpie

You can claim both on your insurance and against TC. Your claim on the insurance is made under a contract which is quite separate from your claim against TC.