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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    spadoosh wrote: »
    Just putting this on here to say ive started a claim.

    Flight landed about 3hr 40 mins delayed. Delay was caused by 3rd party software failure. Manchester airport had a check in software update over night which caused delays.

    I believe for the most part that would be considered an exceptional circumstance, however the problems started very early morning and thomas cook said their systems where back up at 09:11. Our flight was at 14:35 yet didnt take off until just before 19:00. Pilot put his foot down to arrive at 22:49 (not sure if touch down or at gate?!).

    Sent off a letter early july saying i would like the flight delay compensation, responded to say they are looking at it, and heres where im at.

    I believe our flight was one of the most delayed (in terms of setting off) and seeing as our original flight was well after their systems where up and running again believe the delay was within the control of thomas cook.

    Ill keep popping back with any updates.


    ETA: Does anyone know how it works with babies? Ive read if they havent paid for a ticket then no compensation yet on our original booking i remember being slightly annoyed that we had to pay £50 supplement for babies air travel or words to that effect (she was on my lap). Actual receipt only shows total price of holiday. Ive included her in the claim because to me the £50 is payment for a ticket?! Any clarification?

    Hi Spadoosh,

    If you paid anything at all for the baby to fly then he/she will also be due compensation.

    I don't think this was an EC, it's very similar to the BA IT fiasco, the airline is liable.

    Good luck with your claim.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • DIYBaldyman
    DIYBaldyman Posts: 103 Forumite
    Sixth Anniversary 100 Posts Combo Breaker
    edited 20 July 2017 at 10:12AM
    Morning All, long time no speak!!

    I have news of a possible new claim developing & am still waiting for more news - any opinions & advice in the meantime would be greatly appreciated.

    My son & his girlfriend were due to return home from Hurghada, Egypt to LGW last night / this morning - Thomas Cook Airlines Flight TCX519, scheduled departure 21:10, arrival 01:40.

    They were initially advised of a 2 hour delay at around 17:00 yesterday evening before they were collected from their hotel, at around 19:00 this was increased to 4 hours. (Bear in mind that they had vacated their room 9 hours previously at 10:00 am yesterday morning).

    The "official" times are currently published as the "actual" departure at 01:17 & the expected arrival being 05:35 - a 3 hours 55 minutes delay.:mad:

    Now is where it gets interesting;

    After boarding the plane & being pushed back (01:30 - 4 hours 20 minutes behind schedule - I'd previously messaged & said to keep an accurate log of actual times), they noticed a burning smell, followed by the cabin starting to fill with smoke which then led to an emergency evacuation of the aircraft on the taxi-way.:eek::eek:

    Passengers were eventually taken back to various hotels (obviously without luggage) & were told to meet at reception at 10:30 this morning for an update (09:30 BST). They have just been advised that their new flight time is 20:00 this evening & have been left in a hotel (they have their room until their collection time of 17:00) with no change of clothes, no toiletries, in fact none of their luggage at all. :(:(:(:(:(:(

    Here's the dilemma - if the fire / smoke incident on the aircraft turns out to be e.c., will the cause of the initial delay count for anything at all & are they likely to have a valid EU/261 claim?

    Thanks in advance.


    Well I'm sure you've all read about Thomas Cook's reported "Controlled Evacuation" by now. The good news is that passengers were handed a letter whilst waiting for their new flight advising "As your flight yesterday was delayed overnight, you are entitled to a payment under Regulation 261 of €600 per person. In addition we will refund any reasonable expenses you have incurred such as additional car-parking etc... for the extended stay. To avoid further disruption to you, we have arranged for someone from our Customer Relations Department to contact you over the next 3 days. They will collect bank details from you so that this can be processed quickly."

    :beer::j:beer::j:beer::j:beer::j:beer:

    They're also offering counselling to anyone affected by the trauma of the situation (ie the smoke filling the cabin & evacuation).

    Makes a refreshing change for an airline to take responsibility & act before being pressured.

    :T:rotfl::T:rotfl::T:rotfl::T
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    SUCCESS THROUGH PERSEVERANCE.
    Flight delays - Vauban's Guide has been of immense help - please read it before posting questions - I'll be surprised if your answers aren't in there.
    April 2016 - successfully claimed €1600 from Thomas Cook for 6 hour delay in August 2015
    Old debt passed to collection agency? Issue CCA request & possibly have debt rendered unenforceable. Feb 2021 - £42 of old debt legally written off & cost £1 per account.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    spadoosh wrote: »
    Just putting this on here to say ive started a claim.

    Flight landed about 3hr 40 mins delayed. Delay was caused by 3rd party software failure. Manchester airport had a check in software update over night which caused delays.

    I believe for the most part that would be considered an exceptional circumstance, however the problems started very early morning and thomas cook said their systems where back up at 09:11. Our flight was at 14:35 yet didnt take off until just before 19:00. Pilot put his foot down to arrive at 22:49 (not sure if touch down or at gate?!).

    Sent off a letter early july saying i would like the flight delay compensation, responded to say they are looking at it, and heres where im at.

    I believe our flight was one of the most delayed (in terms of setting off) and seeing as our original flight was well after their systems where up and running again believe the delay was within the control of thomas cook.

    Ill keep popping back with any updates.


    ETA: Does anyone know how it works with babies? Ive read if they havent paid for a ticket then no compensation yet on our original booking i remember being slightly annoyed that we had to pay £50 supplement for babies air travel or words to that effect (she was on my lap). Actual receipt only shows total price of holiday. Ive included her in the claim because to me the £50 is payment for a ticket?! Any clarification?

    Surprised to be updating this already. Replied this morning sending a £720 voucher through. Ive emailed back to ask for bank transfer.

    Paying out for 2 passengers. I think theres grounds to push for the baby however we feel that the offer is acceptable.

    17 days from initial complaint letter using resolver to receiving a voucher.

    Thanks!
  • DIYBaldyman
    DIYBaldyman Posts: 103 Forumite
    Sixth Anniversary 100 Posts Combo Breaker
    spadoosh wrote: »
    Paying out for 2 passengers. I think theres grounds to push for the baby however we feel that the offer is acceptable.

    EU261/2004 compensation is based 'per fare paying passenger'. If baby was in a lap-belt, sat with one of you in your seat & you paid no fare, then you have no grounds for a claim.However, if you paid a fare for the baby you can claim.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    SUCCESS THROUGH PERSEVERANCE.
    Flight delays - Vauban's Guide has been of immense help - please read it before posting questions - I'll be surprised if your answers aren't in there.
    April 2016 - successfully claimed €1600 from Thomas Cook for 6 hour delay in August 2015
    Old debt passed to collection agency? Issue CCA request & possibly have debt rendered unenforceable. Feb 2021 - £42 of old debt legally written off & cost £1 per account.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    edited 20 July 2017 at 4:11PM
    If you paid anything for your child they are due compensation don't let them get away with not paying. You could lose approx £360 tell them you will not accept the £720 and you want the correct compensation for 3 people not 2 or you will commence court action in the small claims court.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Like he said. If you paid anything for the infant, including an admin fee or similar, you should be due 3 x compensation. Maybe that's why you have a rapid response? pay 2 to get you to go away?
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  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    If you paid anything for your child they are due compensation don't let them get away with not paying. You could lose approx £360 tell them you will not accept the £720 and you want the correct compensation for 3 people not 2 or you will commence court action in the small claims court.

    I understand your stance but i feel the compensation is fair for all parties.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    JPears wrote: »
    Like he said. If you paid anything for the infant, including an admin fee or similar, you should be due 3 x compensation. Maybe that's why you have a rapid response? pay 2 to get you to go away?

    If that was their tactic it has worked. I believe it an appropriate amount for the delay and losses incurred. It wouldnt sit right with me claiming £1080 when we paid quite a bit less for the flights. Paid about £900 for the tickets (return and incl baggages for 3x) £720 compensation is acceptable to me for a 3.5 hr delay.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    If that's what you decide then fair enough. Bur airlines do not give a bovine excrement for you or your family, they treat people with contempt. They have treated you with contempt in paying you €400 less than you are entitled to by European law. The extra €400 could go into a saving pot for your child. But if you are happy with being underpaid so be it.
  • Ashers92
    Ashers92 Posts: 102 Forumite
    Eighth Anniversary 10 Posts Uniform Washer
    Final update on my claim.

    Received a payment from TC today for £355 after asking for a cash payment over the phone 9 working days ago!

    Happy times.
    #157 - Save £12k in 2016: £12000 / £12000
    House deposit saving mode active: £40000 / £40000
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