Flight delay and cancellation compensation, Thomas Cook ONLY

sindyjames

We were on flight TCX2663 fron Dalaman to Manchester on 26 June 2012. I have had the usual letter from them stating that it was a fault with the Yaw Damper, so is extraordinary circumstances.
I am trying to get a list together of just how many flights they are saying had a technical fault. I wonder if they are making this up, or if they are not, there seem to be an awful lot of aircrafts that have an unforseen technical fault.
Any help would be appreciated, as it will help us all.

maghater

Thomas Cook, are certainly taking the Michael big time over this. Article 14 states that extraordinary circumstances may occur due to political instability, meteorological conditions, security risks, unexpected flight safety shortcomings, and strikes. Wallentin - Hermann case judgement specifically claims that a technical problem in an aircraft which leads to a cancellation is not covered by ec.......unless the problem stems from problems not normally inherent in the normal exercise of the activity of the airline concerned.
In short extraordinary circumstances mean exactly that, the only technical opt out that the airlines have would appear to me to be a safety warning issued by the manufacturer, or the CAA, or possibly a little green man popping down from mars with a spanner and loosening a few bolts. Just about any other issue from punctures, to cracked windscreens, to mechanical failures are inherent problems with operating an aircraft. Follow Centipede 100s link through to the BA forum. So don't be fobbed off go for it.

tony53708

Cheque received yesterday in place of voucher better get it banked if they are starting to close some offices. Good luck to everyone still in the process of claiming, keep at it!! and thanks again to all you guys helping on here, your knowledge and advice was greatly appreciated!!!

sging1

bubblesxxx68 wrote: »

Just received a letter from Thomas Cook staying the following:

I'm sorry that you remain unhappy with the way your complaint has been dealt with initially and further comments you have made will certainly be considered.
Following a review of your entire case,you will be contacted again with a view to bring this matter to a satisfactory conclusion to all concerned .

Fingers Crossed / Has anyone else had this letter and had there claim resolved !! Or is it another stalling tactic !!

Had an email about two weeks ago more or less saying they wont budge and two days later had this one but still wating. :mad:

Vauban

maghater wrote: »

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

I think we should acknowledge that there is a debate about this point. It's not as clear cut as you suggest. And although it would help me immensely in my own case, I'm not sure I think it holds water.

The conclusion of Finnair OYJ v Timy Lassooy is that if airlines subsequently reschedule flights after an EC incident, then you cannot deny boarding on those rescheduled flights without paying compensation. Most cases aren't about rescheduling, or denying boarding. So you have to be careful about extrapolating the principle.

You will not that 261/04 talks about extraodinary circumstances impact "in relation to a particular aircraft on a particular day". To my eye, this means that if a plane developed a fault in the morning that was "extraordinary", then the subsequent flights for that day with that aircraft would also be covered by the "EC" exemption.

Of course the longer that delay occurs, the more difficult it will be for an airline to show it had taken all measures possible. And if the airplane was in a UK hub, I think it becomes very difficult indeed.

So my advice is not to disappear down a Finnair OYJ v Timy Lassooy rabbit hole, but concentrate on why the original technical failure isn't EC.

But - I am not a lawyer.

Tararaak

Hey so I sent a letter out over a month ago about a flight which was delayed over seven hours and I can remember at the time being told it was a technical fault with the plane.

Here is the reply I received from Thomas cook today:


It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum.

When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.

Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the maintenance of your own car, which can break down at any time without prior warning, regardless of its service history, and would be considered completely beyond the owners’ control.

I can see that passengers were provided with welfare during this time, which was deemed appropriate for the length of your delay. It is with regret to inform you that we will be unable to consider any claims for compensation as a result of the delay to your flight.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.


Can anyone help suggest what to do know and maybe how to phrase a response.

Any help would be very much appreciated x

curry1234

When we checked in we heard that a bird had struck the wing of our plane on its way to collect us. The plane was in Jamaica and a part had to be flown over to fix it.

111KAB

curry1234 wrote: »

When we checked in we heard that a bird had struck the wing of our plane on its way to collect us. The plane was in Jamaica and a part had to be flown over to fix it.

The bird or the plane? :rotfl:

bubblesxxx68

sging1 wrote: »

Had an email about two weeks ago more or less saying they wont budge and two days later had this one but still waiting. :mad:

Getting different feedback on this one , Some positive , some not , As soon as i get my next letter I'll post the response.

heather_p03

Tararaak: post #1013: Same response word for word that I got. We were delayed flying from Dalaman to Birmingham in August 2009 due to the aircraft having some problems in Tunisia (so my children remembered). This aircraft was apparently the one allocated for the BHX-DLM flight.
We had a 3 hour 52 minute delay.
Thanks to the fantatsic amount of information on this thread I have just sent off my NBA response reiterating my claim for compensation with the full intention of carrying through with court action.