Flight delay and cancellation compensation, Thomas Cook ONLY

Hallj1082

Jasp36 wrote: »

Hi new to this so not sure if doing this correct my self and family were delayed 4:45 from dalaman to Manchester August last year I have sent claim to thomascook they have replied with a holiday voucher for £1260 I have emailed them back and said thanks but no I want the correct amount (£1500 aprox) in cheque not voucher how long do they have to respond and have I done the right thing

Hi I have had to set new account as this one wouldn't let me log in an update I have rung tc this morning as was told to send back voucher and a cheque would be issued within 28 days result good luck to everyone trying I only sent one letter and resolved very quick :T:T

Umpire

I have searched this website and cannot find anything similar to our case.We flew from EMA Airport and there were two flights to depart one to Minorca and ours to Tenerife.The Minorcan flight departed and ours was delayed.Two hours after our depature time the pilot came to the departure lounge and told us there was a fault with the plane.
On being qustioned he admitted that it was in fact the Minorca plane that had the problem but for operational reasons TC Airline had changed the flights round.
After getting a negative response from TC we wrote to the CAA.TC have written to me again saying they are turning us down again and will be writing to the CAA giving reasons.
I would have thought we had a clear case of Denied Boarding but I would be interested to hear what you think.

Mark2spark

It appears to me that you are either 'lucky' with TC, in that they pay out with just a bit of persistence, or you have to force the issue, by instigating court proceedings.
You will continue to get fobbed off with lame excuses unless you start civil recovery IMO.

wendyjaycee

Further to MCSAVE's update #897, I have contacted the CAA today (actually spoke to the same guy as MCSAVE). He says they have linked complaints together & that the flight is actually on an alert list due to the number of complaints (apparently there are complaints from the return flight aswell) they have had. He says the case will have more "clout" if there are a number of people complaining for the same/linked flights as it shows there was an obvious problem. They will initially contact the Airline with a softly softly approach asking them to honour the compensation & if there is no action then the enforcement team will get involved.(although he did state that the CAA dont have any teeth!) Interestingly he advised me NOT to start court proceedings yet as once i have done so then i am basically saying i no longer want the CAA involvement & if the case was thrown out by the judge i would have to start all over again with the CAA!!

MrsW86

Essentially they can't find the flight logs as MyTravel was taken over by tc, therefore can't establish reason for delay so cannot pay out
The merger occurred before the flight so surely losing the logs is their incompetence and not our fault?! If they can get away with this to refuse compensation then they're laughing...

Thanks for any help!

Vauban

MrsW86 wrote: »

In view of the above, we are unable to assess your claim for compensation on this occasion and regret to advise that we cannot give consideration to your request.

:eek: Blimey! I thought I'd seen all the worst excuses, but this one takes the biscuit! It deserves a special place in the Airline Compo Hall of Lame.

My advice is to write a "Notice Before Action", addressed to the company secretary, telling him/her that this is not acceptable. The provision of 261/04 are clear. Article 5.3 says that:

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Note: "IF IT CAN PROVE THAT THE CANCELLATION IS CAUSED ...", not if the passengers cannot. So the onus is entirely on them, and if they don't have the info to prove extraordinary circumstances then they need to pay up. (They don't appear to dispute the fact of the delay.)

Your Notice Before Action should give them 14 days to provide the evidence or settle your claim, otherwise you reserve the right to commence legal proceedings without further notice.

You are on to a sure fire winner - so don't give up!

Mark2spark

Yes, just about the most pathetic bunch of excuses i've seen yet.
They have to prove EC's, so if they can't, then they have to pay up. Write and tell them so, and give them 14 days in which to do so or you'll start a court claim and also claim interest.
It's not your fault that the airlines challenged the 261 regulation up to the European grand chamber, which meant that the UK courts had to stay any further proceedings!
So you couldn't have claimed anyway due to the stay!

Mark2spark

wendyjaycee wrote: »

Interestingly he advised me NOT to start court proceedings yet as once i have done so then i am basically saying i no longer want the CAA involvement & if the case was thrown out by the judge i would have to start all over again with the CAA!!

Well that just shows how hopelessly inept and out of touch the CAA are.
The point of their existence in relation to EU261 escapes me.
Give the airline an NBA.

Mickeymoos

Hi everyone. I have had my third reply from Thomas Cook citing that the drelay was caused by technical issues. I have asked them twice to provide details of the actual fault, but they have told me to contact the CAA. Is this correct, or are Thomas Cook obliged to give me this information.

Vauban

Mickeymoos wrote: »

Hi everyone. I have had my third reply from Thomas Cook citing that the drelay was caused by technical issues. I have asked them twice to provide details of the actual fault, but they have told me to contact the CAA. Is this correct, or are Thomas Cook obliged to give me this information.

Write a Notice Before Action and start MCOL in a fortnight, or give it up. They're stringing you along.