Flight delay and cancellation compensation, Thomas Cook ONLY

wf8tyke

Our flight from Hurghada was delayed by over 16hrs due to a delay of the flight coming to collect us from the UK. We were told by Thomas Cook that the flight coming to collect us had been delayed firstly because of a 52 minute technical problem which was then followed by thunderstorms over the airport causing a temporary closure of the airport by ATC. The flight from Hurghada was grounded overnight because the crew would have gone over their legal flying hours en route back to UK.

I submitted a claim by the free resolver site as advised by Martin Lewis. I got a prompt reply from Thomas Cook stating that no compensation was payable because the flight had been delayed due to a extraordinary circumstance namely aircraft closure due to thunderstorms. They told me I could appeal to CEDR.

I appealed to CEDR citing that it was a technical problem that stopped the flight departing on time and that the reason we could board the flight home was because of insufficient staff resources. I said I believed a company the size of Thomas Cook should have sufficient resources available at the airports they operate from to cover staff exceeding their hours. Thomas Cook maintained In their defence that I was not entitled to compensation.

CEDR ruled in my favour and awarded the four of us €600 each.

It came to light in the paperwork submitted by Thomas Cook that there had also been a passenger problem too at Manchester which added to the initial delay that I was unaware of and was not in their witness statement but shown on exhibits they provided. This goes to show the airlines will mislead to avoid paying you out and will chance their arm in the hope you can’t be bothered to go to CEDR.

I got 100% of the compensation awarded with no fee payable to resolver or CEDR. The whole appeal process was simple so why go to a no win no fee company when all they do is compete a simple application form on your behalf and outline the facts as to why you require compensation. Had I used a no win now fee solicitor I would have gave up €800 Euro + vat.

wf8tyke

Centipede100 wrote: »

MSE Official Insert:

See my post dated 16th November. I was on the flight and appealed to CEDR and got compensation

shaziam

looking for advice we were due to fly home from Hurgarda 5th November 2017 our flight ended up being delayed 18 hours and 5 minutes , reason initially was medical emergency on flight out which caused a delay, this meant return flight couldn't go due to staff being out of flight hours.

we completed the thomas cook delayed flight form online and received this response
Thanks for getting in touch with us about your flight.
I'm sorry you were delayed. I know how frustrating it can be. We work hard to make sure delays and the disruption they cause are kept to a minimum.

We've investigated the reason for your delay and can confirm that it was due to a medical emergency. This is a reason that is out of our control and means that under EU Regulation 261/2004 compensation wouldn't be paid.

I'm really sorry your flight was delayed. We're looking forward to welcoming you back on board again soon.

we replied to them saying our flight was delayed due to staff being out of hours this is stated on a letter we got, we have not heard back from them since replying to them , do we have a valid case for compensation ?? how long do they have to reply

regards sharon

Caz3121

please repost on the Thomas Cook thread

JPears

Bumped because people can't be bothered to look 6 lines down....

shaziam

looking for advice we were due to fly home from Hurgarda 5th November 2017 our flight ended up being delayed 18 hours and 5 minutes , reason initially was medical emergency on flight out which caused a delay, this meant return flight couldn't go due to staff being out of flight hours.

we completed the thomas cook delayed flight form online and received this response
Thanks for getting in touch with us about your flight.
I'm sorry you were delayed. I know how frustrating it can be. We work hard to make sure delays and the disruption they cause are kept to a minimum.

We've investigated the reason for your delay and can confirm that it was due to a medical emergency. This is a reason that is out of our control and means that under EU Regulation 261/2004 compensation wouldn't be paid.

I'm really sorry your flight was delayed. We're looking forward to welcoming you back on board again soon.

we replied to them saying our flight was delayed due to staff being out of hours this is stated on a letter we got, we have not heard back from them since replying to them , do we have a valid case for compensation ?? how long do they have to reply

regards sharon

wf8tyke

ollyols wrote: »

Hi Guys,

New to this forum so forgive me if this has been asked.

Me and My wife were delayed from Hurgarda to Manchester for 16.5 hrs with Thomas Cook on the 18-08-2017, We Have started a compo claim with TC thorugh Reslover (very good service i must say).
We have now recived a relpy from TC saying the delay was caused by Air traffic control and therfore it is not there fault and will not pay.

Now the thing is we were given 2 letters from TC during the delay (1 in Hurgada and 1 in Manchester) The 1st letter says the delay was caused by a tec fault in Hurgarda and had to be fixed before take off. The 2nd letter recived in Manchester says Tec Fault, Adverse Weather,and lastly Crew out of hours..
Is TC trying to just cop out of paying or do i still have a case with the letters i have..
Was anyone else on this flight and have you had the same responce???
thanks for your help
Ollyols

We were on the same flight. I submitted a claim by the free resolver site as advised by Martin Lewis. I got a prompt reply from Thomas Cook stating that no compensation was payable because the flight had been delayed due to a extraordinary circumstance namely aircraft closure due to thunderstorms. They told me I could appeal to CEDR.

I appealed to CEDR citing that it was a technical problem that stopped the flight departing on time and that the reason we could board the flight home was because of insufficient staff resources. I said I believed a company the size of Thomas Cook should have sufficient resources available at the airports they operate from to cover staff exceeding their hours. Thomas Cook maintained In their defence that I was not entitled to compensation.

CEDR ruled in my favour and awarded the four of us €600 each.

It came to light in the paperwork submitted by Thomas Cook that there had also been a passenger problem too at Manchester which added to the initial delay that I was unaware of and was not in their witness statement but shown on exhibits they provided. This goes to show the airlines will mislead to avoid paying you out and will chance their arm in the hope you can’t be bothered to go to CEDR.

I got 100% of the compensation awarded with no fee payable to resolver or CEDR. The whole appeal process was simple so why go to a no win no fee company when all they do is compete a simple application form on your behalf and outline the facts as to why you require compensation. Had I used a no win now fee solicitor I would have gave up €800 Euro + vat.

LGreen47

I was on the same flight as you.

I complained to TC and they told me they would be paying 300 euro each, I emailed an email of complaint to say I was not happy with this, but they just put the money in my account and ignored my emails.

I'm Pondering whether to pay the £25 for CEDR.
Thanks for your post!

L

JPears

LGreen47 wrote: »

I was on the same flight as you.

I complained to TC and they told me they would be paying 300 euro each, I emailed an email of complaint to say I was not happy with this, but they just put the money in my account and ignored my emails.

I'm Pondering whether to pay the £25 for CEDR.
Thanks for your post!

L

If you are due 600, not 300 then ensure you have sent an email or written letter clearly stating you do not accept the payment as sufficient or correct under the regulation and you will be seeking re-dress through CEDR or due legal process.

Caz3121

both Bott&co and EUClaim are showing €300 compensation due for the delay. I assume the same data they use to assess would be used in court. This appears to show that the arrival time was under the 4 hours