Flight delay and cancellation compensation, Thomas Cook ONLY

Mickeymoos

Hi Vauban, I had already written a Notice Before Action, and this was their response. I'm not sure whether to pursue Thomas Cook, or refer it to the CAA.

maghater

Stretching a point to say that My travel airlines nolonger exists, was merged with TC in 2008, so they would have continued to use the existing aircraft. Aircraft logbooks are legal documents (mainly computerised now), and certainly wouldn't be binned with the petty cash receipts. They are telling you a load of bull, not to mention insulting your intelligence. Go for it, might be worth mentioning the missing logbooks to the CAA aswell

maghater

MrsW86 wrote: »

Initially, I would like to apologise for the delay. Unfortunately, our investigations have been hindered due to your flight being taken on an airline that no longer exists. The flight in question was operated by My Travel, and whilst this company merged with Thomas Cook some years ago, at the time it was operated independently of the Thomas Cook group.



Despite extensive investigations we have been unable to locate the flight logs of the aircraft concerned, which would allow us to ascertain the reason for the delay. In order to comply with the requirements of Regulation 261 the airline have to establish the cause of the delay, to see if compensation is applicable. Without these important documents, the delay in you submitting your claim has prevented us from being able to adequately investigate this case.



This is regrettably one of the drawbacks of submitting claims so long after a flight departure. We do indicate in our terms and conditions that it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly once the holiday is over. Your right to compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your Holiday, prevent us carrying out a proper investigation.



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.


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!

Is it legal for firms such as Thomas Cook to send out such letters that are clearly economical with the truth. I got one from them in August, regretting that there was no procedure available to claim compensation for delays.

DJMSJM

DJMSJM wrote: »

R.E.S.U.L.T. (sort of)!!!

I have today received a voucher from Thomas Cook for £1086.00 for our delayed flight TCX879K on 7th Aug 2010 Gatwick - Izmir, Turkey.

I was expecting the Sterling equivalent of EUR1600 which with the exchange rate as at date of flight (I think this is the correct date to use) which according to https://www.exchangerates.org was 1.2012
This means, according to my calculations, that I am entitled to GBP1304.50

I know I should be grateful I have rec'd anything at all, but what is the point of the law stating a compensation figure if Thomas Cook just pay what they want to?

So.....I have phoned them this evening, told them I don't know what exchange rate they have used, but it was the wrong one, and they have opened up my case again, giving me the 28 days deadline before I may receive any reply!!

Have I done the right thing or should I have just said thank you very much and paid off this years holiday with it?

Well.......just a little bit of steam coming out of my ears tonight!!!!!

Arrived home to a letter on the doorstep from Thomas Cook, opened it thinking 'great, everything sorted now'......WRONG.

The letter today regarding the additional compensation payment that I requested because I am ENTITLED to it states 'I do not feel a higher amount of compensation is appropriate in this case'

I sent an email straight back mentioning [FONT=&quot]The judgment of the Court of Justice of the European Union etc etc and stated that '[/FONT]I don't really care what you think is 'appropriate in this case'

Might have just put my foot in it, but now they are really taking the biscuit

Vauban

Mickeymoos wrote: »

Hi Vauban, I had already written a Notice Before Action, and this was their response. I'm not sure whether to pursue Thomas Cook, or refer it to the CAA.

Then, my friend, they have just given you the two-fingered salute!

It's up to you what to do next. You could write to the CAA bit it will take many months for them to look at your case, and they have no power to force the airline to pay. There are also some suggestions that they are not entirely impartial and may favour the airlines instinctively.

If the circumstances of your claim are good, I'd simply start the MCOL process: court action is the only way you are going to move these people.

ghol26

I wrote to TC about 2 delayed flights experienced by my daughter and I following the advice from MSE. Having received a number of random 'standard' letters seen on this thread I have received a payout for each although the sum total falls short of the sugegsted compensation which amounts to £2000.

First of all I wrote regarding flight TCX56K on 23/05/09 from Manchester airport to Fuerteventura airport with the scheduled departure time of 16:50. This flight arrived over 16 hours late at Fuerteventura airport on 24th May 2009 necessitating an overnight stay at the Radisson SAS Manchester airport hotel.
I explained that my scheduled flight length was 2930 kilometres, therefore I am seeking €400per delayed passenger in my party. The total is €800 compensationfor all passengers.

Last week I received a £200 voucher 'offered in full and final settlement of the matter as agreed' (no agreement had been made).

Secondly I wrote regarding flight TCX184K on 18/12/10 from Manchester airport to Banjul airport with the scheduled departure time of 09:10hrs. This flight arrived over 12 hours late at Banjul airport (arrival time 04:21) on 19/12/10.
I explained that my scheduled flight length was 4625.78 kilometres, therefore I am seeking €600per delayed passenger in my party. The total is €1200 compensationfor all passengers.

Today I received a second discount voucher for £1090 along with a more detailed letter which mentions the CAA and EU Regulation 261.

Should I be happy that I have received £1290 with little struggle just a couple of letters and some patience or should I reject these discount vouchers and try for a payout which is higher ie £2000?

MrsW86

Thanks for your help, I've sent the reply below so we'll see what they say!

Further to your email below the merger between yourselves and MyTravel was completed prior to our flight and the Thomas Cook Group ltd had been formed. The EC261/04 article 5.3 states;

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.
The onus is therefore upon yourselves to prove that extraordinary circumstances were to blame for our delay, if you cannot provide satisfactory proof of this we will expect compensation as detailed in my original correspondence of 25/1/2013 (€400 per passenger).

Please respond in full within 14 days of this email or we will initiate court proceedings.

Oliviad

Hi all. When reading through the posts it's clear that TC are sending out standard replies to their customers but my query is that I haven't even received these. My claim was sent in Feb and I've never had a written reply, but they have called me twice to say they are contacting the airline. I'm very confused by all this and was told in a previous post that I had to make sure I write to the airline and not the agent - I've used the address on the FAQ.
My flight was delayed and then changed to another charter flight and then we landed at a different airport to where we should have. 9 hours total delay time.

Was just thinking in order to progress claim further to court, it would be nice to have some paperwork from TC saying 'technical fault...blah blah...' I've got nothing?

online1

MrsW86 wrote: »

Initially, I would like to apologise for the delay. Unfortunately, our investigations have been hindered due to your flight being taken on an airline that no longer exists. The flight in question was operated by My Travel, and whilst this company merged with Thomas Cook some years ago, at the time it was operated independently of the Thomas Cook group.



Despite extensive investigations we have been unable to locate the flight logs of the aircraft concerned, which would allow us to ascertain the reason for the delay. In order to comply with the requirements of Regulation 261 the airline have to establish the cause of the delay, to see if compensation is applicable. Without these important documents, the delay in you submitting your claim has prevented us from being able to adequately investigate this case.



This is regrettably one of the drawbacks of submitting claims so long after a flight departure. We do indicate in our terms and conditions that it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly once the holiday is over. Your right to compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your Holiday, prevent us carrying out a proper investigation.



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.


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!

I am in the same situation, denied claim as they cannot locate the paperwork from a Mytravel flight which had been part of Thomas Cook for some time by then. Would like to hear if you make any progress, mine is in a pile at the CAA right now.

MrsW86

Oliviad wrote: »

Hi all. When reading through the posts it's clear that TC are sending out standard replies to their customers but my query is that I haven't even received these. My claim was sent in Feb and I've never had a written reply, but they have called me twice to say they are contacting the airline. I'm very confused by all this and was told in a previous post that I had to make sure I write to the airline and not the agent - I've used the address on the FAQ.
My flight was delayed and then changed to another charter flight and then we landed at a different airport to where we should have. 9 hours total delay time.

Was just thinking in order to progress claim further to court, it would be nice to have some paperwork from TC saying 'technical fault...blah blah...' I've got nothing?

We waited about 6 weeks after our initial contact then had to send a notice before action email before we got the response in my previous post, think that gave them a kick up the bum to reply. The ABTA guidelines/code of conduct gives them 28 days to respond to your complaint, I would contact them again stating this and if they still don't give you a full response then give notice before action.