Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

binner wrote: »

Has anyone been referred to CEDR Dispute Resolution by Thomas Cook ?

I have just got off the phone with TC customer services and they have referred to CEDR.

The claim goes back to 20th August 2013 TCX1518 from Gatwick to Hurghada. My family and I arrived to discover the plane had an issue and the replacement was too small to we had gotten bumped to an additional plane. I have been compensated for that bumping. Next the replacement flight we were now due to fly out on was delayed by a further 4 hours from its stated departure time (TCX987). My initial claim was rejected by Thomas Cook, I went to the CAA in 2015 and my claim was upheld by them, I went back to Thomas Cook they rejected the claim again citing technical faults came under extraordinary circumstances. They also stated the CAA is advisory only and they are not bound by its rulings. The court judgement recently about technical faults and extraodinary circumstances made me think my case needed a review so initated it again asking for TCX987 to be reviewed in the new context.

Thomas Cook rejected saying they had already compensated me. I also received an email asking how my experience has been with customer service. The feedback I gave resulted in call back tonight where I was informed they have a policy to only compenstae for the bumping from TCX1518 or the delay to TCX987 not both. I reminded them that at no point was that fact mentioned when they agreed to send me a cheque for TCX1518. The response was to refer me to CEDR.

My next step will be to escalate to the chairman as I think they are just fobbing me off.

There are two clear incidents here

1) bumping from the inital flight TCX1518
2) the subsequent replacement TCX987 was delayed due to the cowling needing to be replaced.

thoughts welcome

You are entitled only to one amount of compensation - it doesn't matter if the subsequent flight was delayed, I'm afraid. You were effectively re-routed after having been denied boarding, and you don't get a double dip if the re-routed flight is also delayed. This is because to get compensation, you have to have bought a ticket - and you wouldn't have done that for the second flight. You should have been given 600 euros each for the overall delay to your arrival.

The only way in which you could have technically qualified for two lots of compensation would be if, following the denied boarding, the airline paid compensation and a refund, which you then spent on another flight. Then you would get the two amounts.

JPears

Which is a point worth noting for canny flyers....

Chas

I've being doing battle with TC & it looks like I'm going to have to have to go to court. I've read Vauban's guide and have had some advice from someone who has had their claim settled without involving the courts, but wondered if anybody fancied looking at the details of my case just to double-check if I have a valid claim?

Justice13075

If the person who had there claim settled was on the same flight as your's Thomas Cook wouldn't have much of a defence. Send them a Notice/Letter before action and go from there.

Tyzap

Chas wrote: »

I've being doing battle with TC & it looks like I'm going to have to have to go to court. I've read Vauban's guide and have had some advice from someone who has had their claim settled without involving the courts, but wondered if anybody fancied looking at the details of my case just to double-check if I have a valid claim?

Hi Chas,

If their excuse is accidental passenger damage to a part of the aircraft, I believe you are on solid ground.

Pretty sure I have seen reports of a couple of court cases where the judge found in the claimants favour.

If I can find the details I will post.

I feel they will pay up when you play hard ball.

Have you tried to call them?

Good luck.

Chas

Unfortunately not on the same flight, but a knock-on effect claim.

Chas

Tyzap wrote: »

Hi Chas,

If their excuse is accidental passenger damage to a part of the aircraft, I believe you are on solid ground.

Pretty sure I have seen reports of a couple of court cases where the judge found in the claimants favour.

If I can find the details I will post.

I feel they will pay up when you play hard ball.

Have you tried to call them?

Good luck.

Thank you. It is a case where they are claiming passenger damage is exceptional circumstances, they are also saying they made every reasonable attempt to minimise the delay.

I have spoken to them several times but they seem confident they will win a case, although I'm hoping they will settle before court.

Tyzap

Hi Chas,

This case does not set a precedent but may be helpful.

http://www.travelmole.com/news_feature.php?news_id=2021851

Good luck.

Pete_R_2

Vauban's Guide - anybody got a link, please?

currently several months into correspondence with TC, their last response was by phone claiming bird strike therefore out of their hands and nothing payable. quick google search shows bird strikes are part of normal operational life for an airline, so compensation is payable. they have now gone silent in thew hope I wander off and give up.

so, now I have tried to be reasonable, I guess I have to go the route of NBA and small claims (which I read in a jpg version of Vauban's, but want something I can put into a word doc so I can cut & paste the useful stuff into my NBA letter and create a decent "bundle").

any help locating such a copy of the Vauban's guide would be appreciated.

Thanks,

Pete

Justice13075

Just google it