Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

No compensation due for your original delay as this was weather related.
Your second delay claim potential depends a) on the cause of the delay.
b) your actual arrival time compared to the scheduled arrival time, assuming you were re-booked on a different flight and it wasn't just the same flight re-scheduled.

jpsartre

jgardi7 wrote: »

They have aggressively offered us compensation on a take it or leave it basis which really doesn't cover the loss of time, additional and level of child disappointment.

What have you been offered? EU delay compensation are fixed amounts that really has no relation to things like child disappointment. Assuming the delay on day 2 was not due to extraordinary circumstances, you should be entitled to compensation for that. You are also entitled to reimbursement of any expenses for accommodation and refreshments you incurred while waiting. Hard to advice on the delay on day 1. For one thing it isn't clear if your first flight was cancelled our whether the same flight suffered rolling delays for 24+ hours.

Tyzap

jgardi7 wrote: »

Hi,
Just wondering if this argument has any legs.

We were delayed as part of a package holiday to Roveniemi as a Lapland experience. We were in the airport at 4.15 am for a 6.15 am flight when the snow came down in Birmingham. The flight was delayed, while the airport was closed, but the airport re-opened the pilot and crew ran out of hours and we were kept in the airport until 4.30 p.m before we were told to come back tomorrow at 3.15am for a flight leaving at 6.15 am. There was no assistance with Hotels or Taxis.

Day 2 arrived before 3.15 am. No staff to bee seen indicator already showing that our 6.15 am flight was delayed until 8.45 am. This flight did not leave until 10.30 am. A further delay of 4 hours 15 minutes.

So are we entitled to compensation for the flight on the first day being delayed for over 3 hours and then a further delay of over 3 hours on the second day? The flight numbers were the same but the dates were different?

The service from TUI was awful in every regard and we ended up paying for excursions that were in our original package that we missed because the pilot had run out of hours. They have aggressively offered us compensation on a take it or leave it basis which really doesn't cover the loss of time, additional and level of child disappointment. I was very surprised at how terrible they were with a child focussed holiday.

Any advice would be gratefully received.

Hi jgardi7,

To be kept hanging around an airport with children for 12 hours is ridiculous!

You may not be due EC261 compensation but the airline does owe you a duty of care. This means that they should look after your basic needs right from the initial delay. You should have been offered food and drinks appropriate to the time of day. They should also have given you the option of a hotel or return to your home, until the following day. Given the late decision to cancel the first flight and the planned early departure of the 2nd flight, logically, you should have been accommodated in a hotel overnight.

You can claim back any costs that you incurred and have receipts for.

Regarding the delay of the second flight, the airline will almost certainly claim that it was a continuation of the original delay, particularly if the flight number did not change.

Good luck.

rding

Hi the flight above was meant to depart 15.30 from Cancun but the flight departed at approximately 20.00. I have used Resolver to make a claim and TC have come back with a offer of £1325 in the form of a voucher do I have to accept it as voucher and does the amount seem correct? There were 5 of us on the flight 2A 3 CH 14,10,3.
Thanks

JPears

You don't have to accept a voucher.
All 5 of you should be due compensation, as long as you paid something towards the cost of the flights for the children (even and admin charge).
The amount per person, I'm not sure. It depends on your scheduled and actual arrival time, not departure time.

guardianangel

Tyzap wrote: »

Hi guardianangel,

Your first port of call should be with the airline.

If you want an opinion on your claim, just post your flight details and circumstances here.

Good luck.

we were due to fly back from Marsa Alam on Monday 11 Dec but the flight was cancelled due to the staff not having enough flight hours so we didn't fly until the next morning. We received a letter to this effort so I submitted a claim but they now quoting that it is due to adverse weather? I guess they are right - if it worth pursuing it? thank you in advance

Caz3121

rding wrote: »

TC have come back with a offer of £1325 in the form of a voucher do I have to accept it as voucher and does the amount seem correct? There were 5 of us on the flight 2A 3 CH 14,10,3.

That appears to be €300 each which indicates an arrival delay of between 3 and 4 hours (which matches what EUClaim states is the correct compensation amount for that flight)
reject the voucher and ask for cash

Tyzap

guardianangel wrote: »

we were due to fly back from Marsa Alam on Monday 11 Dec but the flight was cancelled due to the staff not having enough flight hours so we didn't fly until the next morning. We received a letter to this effort so I submitted a claim but they now quoting that it is due to adverse weather? I guess they are right - if it worth pursuing it? thank you in advance

They have reason not to pay compensation if the weather directly affects your flight. However, if the weather was okay where you were, and your flight did not depart, it must have been a previous flight that was delayed, causing a knock on delay to you.

If that was the case then you are probably due compensation.

Put your flight details into an online flight delay calculator such as Botts, to see what they think.

Good luck.

jgardi7

Thanks, so no chance that as the weather cleared and the airport opened the issue was that there was no crew rather than the weather? They did keep us hanging around for 10 hours ish, before we had to return our duty free, go through passport control and collect our bags.

jgardi7

jpsartre wrote: »

What have you been offered? EU delay compensation are fixed amounts that really has no relation to things like child disappointment. Assuming the delay on day 2 was not due to extraordinary circumstances, you should be entitled to compensation for that. You are also entitled to reimbursement of any expenses for accommodation and refreshments you incurred while waiting. Hard to advice on the delay on day 1. For one thing it isn't clear if your first flight was cancelled our whether the same flight suffered rolling delays for 24+ hours.

On day 2 they did need to check us all in again, and one of the delays was due to them having to produce a new flight mandate, and produce new boarding cards. It was the same flight number but was a different date. This flight was not due for a Monday departure and should have been Sunday. The text we received says ' we are unable to operate the flight today' and that we should re-attend in the morning, which I suppose does not confirm cancellation.

They have offered approximately 66% of the cost of the original trip. However the delays meant that the activities included in the package ie Husky sled, reindeer, snowmobiles etc were cancelled and we had to pay nearly £1,000 (to Tui) to do these while we were there, so feel that we should be compensated for this cost as well.

Part of the the initial delay was due to weather but the airport did re-open and they didn't have crew to fly the plane. There were other TUI flights that left that day.