Flight delay and cancellation compensation, Thomas Cook ONLY

carolynl88

Hi, first post on the forum - so bear with me.
I have downloaded your pro-forma and sent off to Thomas Cook for a flight delay of 3hrs 29 mins on a flight from Manchester to Sanford on 3.6.11. TCX472
I first got a reply stating that the delay was less than 3 hours so they couldnt offer compensation. I replied with the flight stat info attached showing the 3hr 29min delay. They have now responded with a one line email stating that flights to Florida need a 4 hour delay before they can pay out compensation.
Can this be right? or are they trying it on?
What do I do now?

Ich_2

They are correct, over 3500km it is 4 hours, the actual distance is 6773km. So you have no claim under the regulation

Vauban

Ich wrote: »

They are correct, over 3500km it is 4 hours, the actual distance is 6773km. So you have no claim under the regulation

Er, no they are not correct, Ich. For flights of this distance arriving between 3-4 hours late, the compensation is 50% of the full amount (ie €300 per person).

Carolyn, Read the original article (link on page 1 of the first sticky), then read the FAQs, and then read this link here:

https://forums.moneysavingexpert.com/discussion/comment/59692197#Comment_59692197

That should tell you most of what you need to know.

Mark2spark

That's not my understanding of it. IMO you are entitled to €300 pp, which is the 50% reduction applied.
Check out the table on the CAA:
http://www.caa.co.uk/default.aspx?catid=2211&pageid=14023

Ich_2

Er, no they are not correct, Ich. For flights of this distance arriving between 3-4 hours late, the compensation is 50% of the full amount (ie €300 per person).

Which article of the legislation says that please? I can't find it.

Ich_2

Ah, I see it is not, as such, part of the legislation but a result of a court interpretation of the regulation.

(p.s. Check out the comments about supporting documentation. I guess that is where the airlines are getting their stance

Yes if you have all the necessary documentation to demonstrate that you were on a delayed flight

)

Mark2spark

If you read Article 7 of the Reg, seeing as there was no re-routing, I don't see why there should be a 50% reduction.
I'm confused as well now.

EU261/2004

Ich_2

Exactly, something does not seem right. In fact if you read it there is no compensation due as it was a below 4 hr delay on a flight over 3500km

More confusing is if you read Article 6 it does not make any reference to article 7 only Article 9 and Article 8 after 5 hours

Vauban

Mark2spark wrote: »

If you read Article 7 of the Reg, seeing as there was no re-routing, I don't see why there should be a 50% reduction.
I'm confused as well now.

EU261/2004

It's Sturgen, I think: paras 57-63. (Though I struggle to follow the logic, which seems a bit tendentious!)

Anyway, the position is nevertheless clear - even if we don't quite understand why ...

Vauban

Ah - Centipede just beat me to it! (He's v good, that guy/girl)