Flight delay and cancellation compensation, Thomas Cook ONLY

PomBear

Sorry - my mistake. The aircraft has flown since. Poor WiFi connection so the more recent flights weren’t loading.

That said, I fail to see how a disruptive passenger caused such a long delay, even if on the preceding leg. You aircraft landed at LGW, pretty much as scheduled at 06.41 (6 mins behind schedule) on 17 July. It flew no other flights until the one preceding yours. Scheduled to depart LGW at 18.50, actual departure was at 23.17 - 4.5 hours late. I don’t buy that a disruptive passenger caused that. Obviously this knocked on to your flight considerably.

searsp

Thanks again. I'm going to take your advice and resist the urge to put this all into another email to Thomas Cook. Let's see how I get on with the CEDR - all the info you have both provided has been invaluable.

Edit: I have just read on the CEDR website that I can't actually make an application with them unless Thomas Cook have sent me a written final response that refers me to CEDR, or at least eight weeks have passed since you first complained to the airline/airport. Neither of these are the case - maybe I need to to respond to Thomas Cook's email, asking them to re-consider my complaint and issue with me with a final response?

JPears

Make that reply an NBA give them 14 days. If no reply then that's deadlock.

searsp

JPears wrote: »

Make that reply an NBA give them 14 days. If no reply then that's deadlock.

Thanks JPears, I will run out of questions pretty soon...
So what you're saying is to respond to TC but just use the suggested NBA text in Vauban's guide. As opposed to providing the additional info re. the flight (that you and Pombear have helped provide today) to encourage them to settle now?

And if I give them 14 days, and get no response I can call "deadlock" - what happens then? I'm assuming the next step is to still go via CEDR to try and achieve a resolution?

And if that still doesn't work out, I've lodged my NBA and could then either go down the route of NWNF or DIY via small claims?

Appreciate all your help.

TICTACTUCK

Hi first time poster so apologies if this may have been asked before. (Bare with me here it's a long a complicated story)
My girlfriend and I were due to fly out of Gatwick on a 21:45 flight to Dalaman, however when we came to check in we were told that there was a problem with the original plane so the plane being used to replace it was too small so we did not have a seat on that plane, along with 67 others.
We were given a letter to say that we would receive compensation for this flight cancellation and were then told that they were going to bus us through the night and put us all in a hotel in Manchester for a flight out at 9:00 the next morning so we would all have to be ready to be picked up at 6:00. Upon arrival to our hotel at 3:30 we were then told that this re-arranged flight was no longer available and we would now be flying at 17:20 (we didn't actually fly until gone 18:00) My question is we're being compensated for the first flight cancellation but I'm just wondering how it works and weather we're entitled to compensation for the second cancelled flight, which was scheduled and we had a flight number and everything.
I'm not trying to be a money grabber but considering we arrived 24 hours later than planned, having not properly slept for 2 nights, our private transfer from Dalaman didn't arrive because of the delay and when we did eventually see some staff from Thomas Cook at Dalaman they were utterly useless, I'm more than a little annoyed with the way the whole thing has been handled and don't think they should be allowed to treat customers this was
Any advice would be gratefully received.

Tyzap

Hi TICTACTUCK,

You may be able to claim 2x compensation. Its not clear from the regs under exactly what conditions this would apply tho.

The airline may try to argue that it was the same delayed flight but I believe that would be a weak argument. Your first claim is for Involuntary Denied Boarding (IDB) and is incontestable.

You should put in a separate claim for the 2nd delay and see what the airline says. I believe we could construct a strong case, but if it is contested it would need to go to MCOL where a judge could give the arguments due consideration.

Good luck.

TICTACTUCK

Thanks Tyzap I know we're definitely getting compensation for the first cancelled flight and the second flight was cancelled because they could not raise a crew.
I'm still on holiday at the moment so when I get back I shall be submitting the claims for compensation it's worth a try for the second flight, I know that the other passengers were going to try and claim. Can see this being a long drawn out process!

Tyzap

TICTACTUCK wrote: »

Thanks Tyzap I know we're definitely getting compensation for the first cancelled flight and the second flight was cancelled because they could not raise a crew.
I'm still on holiday at the moment so when I get back I shall be submitting the claims for compensation it's worth a try for the second flight, I know that the other passengers were going to try and claim. Can see this being a long drawn out process!

Don't be fooled by their assertion about receiving compensation for the first delay, they often change their mind when it comes to paying out hard cash. You can take nothing for granted in the flight delay game.

By putting some obstacles in the way many passengers will drop their claims and the airline will save £££.

In all honesty it should be a straightforward 1st claim and probably a protracted fight for the 2nd, but you have nothing to lose by trying.

Good luck.

des_king

my partner and i booked a holiday with thomas cook we flew on 3rd of june 2018 the flight was delayed took off 3 hours 17 minutes late they flew faster to try and get under 3 hours,airportia an independent flight tracking company logged them at 3 hours 2 minutes late,and i dont beleive this includes the nearly 15 minutes took to open doors,i have asked thomas cook for compensation under eu law but they say was less than 3 hours how do i get a finite time they were late from departure to doors open?is there a list at arriving airport? thomas cook have told me to pursue my claim through cedr but on looking at reviews seems heavily biased towards airlines
ty in advance for any help

jpsartre

Route? Flight number? If you want doors opening time you'll probably have to go through CEDR or take some sort of legal action (e.g. money claim online).