Flight delay and cancellation compensation, Thomas Cook ONLY

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  • JPears
    JPears Posts: 5,111 Forumite
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    They will have to pay your costs to get to Gatwick. Connecting flight Manchester to Gatwick?
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  • JPears
    JPears Posts: 5,111 Forumite
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    CC5 what were your original flight details - number, time, which Orlando airport? there appears to be a multitude of options.
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  • koswix
    koswix Posts: 19 Forumite
    Hi everyone, I'm slowly progressing a complaint with TC about a flight only booking they've messed up. Would really appreciate some feedback as although I'm pretty good at knowing what is *right*, I'm not always so good at knowing what is *reasonable*...

    Quick summary:

    In August 2018 we booked flights for July 2019. We're Flying out from Glasgow to Kos, and flying back from Rhodes to Glasgow. We plan on doing some island hopping and exploring so we only booked flights and are arranging our own ferries and accommodation etc.

    Just before Christmas we got an automated email from TC saying that our outbound flight had been cancelled and they were refunding the money for it. No options offered.

    Phoned up and the guy said booking is cancelled, no alternatives available but we were welcome to make a new booking and pay for an alternative flight!

    Obviously we didn't accept that offer, and it took ages to find out how to complain to TC (was even told at one point that you can't make a complaint pre-travel!). The first three complaint emails they ignored the content of and we got a stock reply saying "more than 14 days notice given, you're not entitled to compensation". We had never asked for compo, we just want an alternative flight!

    Having looked into it, TC have cancelled the entire route from Glasgow to Kos for this summer. They now only fly there from Manchester, Birmingham or Gatwick. They have eventually replied and offered to book us onto another TC flight from one of those airports. Manchester and Gatwick are on the same dates but Birmingham would requrie a change of date. The Manchester departure time is 6am, and as we live just outside Edinburgh that would mean travelling the day before and getting to the airport about 12 hours before departure time - not really a very attractive option, especially travelling with children.

    Both Easyjet and Jet2 are flying from Glasgow to Kos, although one day later than our original booking. Is it reasonable to ask TC to book us onto one of these? They've refunded us about £320, which barely covers half of the cost of the alternative (we had bags, seats and meals booked with TC). Additionally our original plan was to drive to the airport - obviously that won't work if we're departing and returning to a different place. We live in a village outside Edinburgh so it'll be a royal pain in the bum to get back here by public transport from Glasgow airport (although getting to Manchester Airport wouldn't be too bad as we have a train station, although it would take about 5 hours).

    What would you do? I suppose we could ask that our return flights be moved to Manchester also, but I'm not sure how I feel about having a 4+ hour drive home after a 4.5h flight. Would be a very long day for all of us, as they flights don't get in until after midnight.
  • jpsartre
    jpsartre Posts: 4,087 Forumite
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    koswix wrote: »
    What would you do?


    There are different ways to go about it but personally I would request a rebooking onto the easyJet/Jet2 flight from Glasgow (as it sounds like this is the best option for you, even if it means leaving a day later). Refer them to EU regulations and your right to rerouting. Then when they decline (as I'm fairly certain they will), I would book it myself and pursue them for the difference, either through CEDR or small claims court. Make sure you get everything from them in writing. If you do, it sounds like you have an open and shut case.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Hi Koswix,

    How you decide to progress this and what is best for you really depends upon you and your family.

    This is what the regulations say about this situation...



    Article 5
    Cancellation

    1. In case of cancellation of a flight, the passengers concerned shall:
    (a) be offered assistance by the operating air carrier in accord- ance with Article 8; and
    (b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re- routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and.....

    The rest of that regulation is irrelevant as you were informed more than two weeks in advance.



    Article 8 states...
    Right to reimbursement or re-routing

    1. Where reference is made to this Article, passengers shall be offered the choice between:
    (a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
    — a return flight to the first point of departure, at the earliest opportunity;
    (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's conveni- ence, subject to availability of seats.

    2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbur- sement where such right arises under Directive 90/314/EEC.

    3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by desti- nation agreed with the passenger.



    Asking them to transfer you onto the MAN flight, on the original date, along with expenses and costs etc seems reasonable, if it suits you.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • koswix
    koswix Posts: 19 Forumite
    Thanks for the replies!

    I think that I will try and get the Jet2 or Easyjet flight from Glasgow out of them.

    From their reply (4th reply, but first where they actually acknowledged that they have to reroute us) they said:
    So when a Glasgow flight is cancelled, what would normally happen is that we would look for a Thomas Cook flight out of an alternative Scottish departure airport, or then look at Newcastle. As we now only have flights from Manchester, Birmingham and London Gatwick it is possible that these three airports were not considered a suitable alternative which is why none of these were offered as a suggestion.

    It seems that they don't consider Manchester a suitable alternative for a Scottish flight, so if they don't then why should I? It would mean an additional 6 hours travel time for us, which I would probably put up with for myself/partner but I'm not sure the kids would do too well out of it (we have family in the West Mids and the drive for that is 6ish hours, the youngest just about handles that but I can see murder on the cards if we try and subject him to 8-9 hours travelling plus airport waiting time!)
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    koswix wrote: »
    Thanks for the replies!

    It seems that they don't consider Manchester a suitable alternative for a Scottish flight, so if they don't then why should I?

    Because you said "They have eventually replied and offered to book us onto another TC flight from one of those airports" in your original post. Plus, it's the best option if you wanted/had to fly with TC on the same day.

    I cannot say I have ever seen TC book a passenger onto a rival airline. They like to keep you on their own metal if at all possible, so it may have appealed to TC had it also been good for you. BTW, Google says it takes about 3h 45m but you could also take the train which may be easier than driving with children. There is a train station at MAN airport.

    As I originally said tho, it's up you you which option you go for.

    Good luck
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • koswix
    koswix Posts: 19 Forumite
    3:45 each way, assuming no traffic and that not stopping for a pee. Realistically is a little over 4 hours each way, so 8 hours total Vs 2 hours total driving too/from Glasgow. Train works out over 4 hours each way again, but for a 6am departure would require leaving the evening before the flight.

    I don't think the Manchester option particularly appealed to Thomas Cook as they didn't offer any alternative, just refunded 320 quid to our bank card! They've only offered to look into it now as we've sent 4 complaints in asking why we weren't offered an alternative flight.

    I appreciate that they would want to keep us on one of their planes, that's totally understandable. I can also even understand that they would pull a route entirely if it's not going to be profitable for them. What I can't accept is that they can take my money on for a flight (which they make clear is non-refundable if I change my mind) and then just hand it back when it no longer suits them!

    We've sent a reply back this afternoon asking them to look at easyJet and Jet2 flights, will update here what the outcome is.
  • Nrugor
    Nrugor Posts: 13 Forumite
    10 Posts Second Anniversary
    Nrugor wrote: »
    No 'issue' with the doors. Just a long taxi and then a few minutes before the walkway moved to the aircraft. I did take a video of my watch and the doors closed when we landed if that's any help?

    That gate arrival time is completely wrong, to say it was a least a few minutes from landing to the gate.

    I would like to follow up on flight MT2753 from Orlando to Manchester (15 SEP 2018). After TC chose to ignore all further communication, I have escalated our case through the CEDR.

    I found further evidence to support our case - flight logs from flightradar24 showing the aircraft still moving along Manchester's finest tarmac, 2 minutes past the magical 4 hour mark.

    TC now has but 8 more days to respond to our case or admit defeat and PAY UP!
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Nrugor wrote: »
    I would like to follow up on flight MT2753 from Orlando to Manchester (15 SEP 2018). After TC chose to ignore all further communication, I have escalated our case through the CEDR.

    I found further evidence to support our case - flight logs from flightradar24 showing the aircraft still moving along Manchester's finest tarmac, 2 minutes past the magical 4 hour mark.

    TC now has but 8 more days to respond to our case or admit defeat and PAY UP!

    Hi,

    I watched a playback on FR24 and the aircraft arrived at the gate at 12.20. It would take a couple of minutes at least to move the airbridge into position and then open the door.

    I believe your timings are correct and you are due compensation at the full rate, even tho it is only by a few minutes at best.

    The flight deck would have recorded the door open time for their own records and you could ask CEDR or MCOL to ask for that evidence. Along with the evidence that you also recorded it should be enough.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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