Flight delay and cancellation compensation, Thomas Cook ONLY

carolynl88

Centipede100 wrote: »

The 50% reduction in compensation is framed under Art 7.2 and when read together with the Sturgeon judgment (see esp para 63):

Article 7.2

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

Sturgeon judgment

63 It is important to point out that the compensation payable to a passenger under Article 7(1) of Regulation No 261/2004 may be reduced by 50% if the conditions laid down in Article 7(2) of the regulation are met. Even though the latter provision refers only to the case of re-routing of passengers, the Court finds that the reduction in the compensation provided for is dependent solely on the delay to which passengers are subject, so that nothing precludes the application mutatis mutandis of that provision to compensation paid to passengers whose flights are delayed. It follows that the compensation payable to a passenger whose flight is delayed, who reaches his final destination three hours or more after the arrival time originally scheduled, may be reduced by 50%, in accordance with Article 7(2)(c) of Regulation No 261/2004, where the delay is – in the case of a flight not falling under points (a) or (b) of Article 7(2) – less than four hours.

It is clear therefore that the 50% reduction in compensation for delays ONLY applies to claims for delays of more than 3 but less than 4 hours in respect of claims for flights in excess of 3500 kms.

There is no justification in law for any reduction in compensation offered for any other flight of less than 3500 kms.

Thanks for all the replies - sorry as I am new to this I have got a bit lost in all your answers are you now saying that I am entitled to some compensation or not? I am eading it that you think I am entitled to 50% only.

didger2013

Can somebody give me the correct address for ThomasCookAirlines????in all previous correspondence,I have used the Bradford address,I'm now thinking I should be sending stuff to Peterborough.Full address please guys

DJMSJM

didger2013 wrote: »

Can somebody give me the correct address for ThomasCookAirlines????in all previous correspondence,I have used the Bradford address,I'm now thinking I should be sending stuff to Peterborough.Full address please guys

Thomas Cook Airlines Ltd
The Thomas Cook Business Park
Coningsby Road
Peterborough
PE3 8SB

I wrote to the above but all letters in response have come on TC letterhead from 2 - 4 Godwin Street, Bradford

Vauban

carolynl88 wrote: »

Thanks for all the replies - sorry as I am new to this I have got a bit lost in all your answers are you now saying that I am entitled to some compensation or not? I am eading it that you think I am entitled to 50% only.

See #968 & 969

€300 per person (unless it was extraordinary circumstances)

bubblesxxx68

DJMSJM wrote: »

Thomas Cook Airlines Ltd
The Thomas Cook Business Park
Coningsby Road
Peterborough
PE3 8SB

I wrote to the above but all letters in response have come on TC letterhead from 2 - 4 Godwin Street, Bradford

I sent mine all to Bradford , Spoke with Thomas Cook Monday and they said Bradford was fine at the moment , But they are being made redundant and all mail will be forwarded on to Thomas Cook in Falkirk Scotland, Felt quite sorry for them.

maghater

bubblesxxx68 wrote: »

I sent mine all to Bradford , Spoke with Thomas Cook Monday and they said Bradford was fine at the moment , But they are being made redundant and all mail will be forwarded on to Thomas Cook in Falkirk Scotland, Felt quite sorry for them.

Bradford is where their legal and customer services people hang out. I would of thought it is the busiest part of the business. It is never nice to hear of people loosing jobs, but I am afraid I have nothing for contempt for every person at TC I have spoken to, emailed, or written to, so will not she any crocodile tears over the demise of the Bradford office.

curry1234

I contacted Thomas Cook about our 24 hour delay from Jamcica to Gatwick and received the following response.

The aircraft that was due to take you to Gatwick was delayed due to disbond damage to the fin. This meant that a panel on the aircraft had to be replaced before take off. There were no previous issues with the aircraft prior to this fault and therefore this is classed as extraordinary circumstances and no payment of compensation is applicable on this occasion.

Should I give up or try the small claims court??

jamit

Send the voucher back saying you want full compensation in cash. It should arrive within a week of so. Higher amount and spend on whatever you like.

jamit

Return the voucher and ask for full compensation. You have reached the last hurdle, thye have admitted fault.

maghater

curry1234 wrote: »

I contacted Thomas Cook about our 24 hour delay from Jamcica to Gatwick and received the following response.

The aircraft that was due to take you to Gatwick was delayed due to disbond damage to the fin. This meant that a panel on the aircraft had to be replaced before take off. There were no previous issues with the aircraft prior to this fault and therefore this is classed as extraordinary circumstances and no payment of compensation is applicable on this occasion.

Should I give up or try the small claims court??

You were flying Jamaica to Gatwick?, and the plane was delayed because of an incident at Gatwick. TC can try to claim extraordinary circumstances on the flight out (probably not ec), however if you were flying back on that flight, they cannot also claim EC for that flight as well. Google Finnair OYJ v Timy Lassooy. Don't have to read it all, just the final paragraph of the ruling. They are trying to fob you off mate. Write back tell them to stump up (cash not vouchers) or else court