Compensation for delayed flights Discussion Area

bigmc1_9

111KAB wrote: »

Yes you will be able to claim compensation (see Centipede's letter template in an earlier post for the content of your letter to Thomas Cook) - you should send this letter now bearing in mind the compensation level attributable to your particular case. If you want to check the amount you can log onto say www.flight-delayed.co.uk but do not use this website as you will only be paying them to achieve the same result as you can achieve. In essence your flight was delayed over 3 hours which forms the basis of your compensation clain however there is a different avenue if you want to claim for lack of refreshments/phone calls etc but you will need to have receipts etc if you wish to pursue this aspect as well. You will not receive any compensation for time off work unless you have an extensive personal travel insurance policy. Any insurance payout will be in addition to the TC compensation payment and if claiming via your travel insurance company you should read their small print and if you are entitled to any payment your claim should be submitted sooner rather than later.

Thanks for the reply. I am not up to speed in regards top the court case going through at the moment in relation to compensation but does it matter that i flew from Glasgow?

I booked with Direct holidays, Would it be them or Thomas Cook i contact? i have had an email from Direct Holidays today saying they are sorry to hear from thomas Cook my flight was badly delayed and mentuioned some other rubbish but it also said i wouldnt be able to claim any compensation from them.

Thats confused me.

111KAB

Makes no difference where you flew from. Of course a firm will tell you that you are not entitled to compensation ~ no one is likely to tell you that you are due compensation (either now or in the future) if they can save themselves money! With regard to the Court case I suggest you read through earlier postings on this thread ~ you need to understand the current situation with the ECJ if you are to pursue the claim yourself. If you booked with Direct Holidays then your claim is against them.

delvey

111KAB wrote: »

Makes no difference where you flew from. Of course a firm will tell you that you are not entitled to compensation ~ no one is likely to tell you that you are due compensation (either now or in the future) if they can save themselves money! With regard to the Court case I suggest you read through earlier postings on this thread ~ you need to understand the current situation with the ECJ if you are to pursue the claim yourself. If you booked with Direct Holidays then your claim is against them.

Incorrect, the claim will be with the Airline
And as it stands he is not entitled to compensation
The ECJ hearing on the matter is due in the Autumn, then, and if they say so, you will be entitled
As to the question re: monarch voucher, I would decline, and state you shall wait until the ECJ hearing in the autumn

delvey

bigmc1_9 wrote: »

Posted this on different part of forum but feel free to help please -

Hi,

Myself and My wife were due to return from Mexico on Monday July 30th after our honeymoon. The flight was due to depart at 15.25 and we boarded at 14.35.

We were all on board the flight and ready to depart when the pilot said the engineer needed to change a computer due to some regulations and we will still depart on time. 2 hours later we were still aboard the plane and the pilot eventually announced we would go back to the terminal to wait due to a problem with the change over.

Despite requesting numerous times at the terminal. i was refused water by thomas cook staff because they didnt know when the flight would be ready to take off. I had spent the last of my mexican money before we went on board after seeing the flight was to depart on time so i could not even by myself a bottle of water.

At 20.00 it was announced the flight was cancelled for the evening due to the problem they had putting in this new computer and we would all be sent to a ai hotel for the night. i asked for water again and was told this was not possible.

We did not arrive at the hotel until 11pm that night. After getting soemthing to eat, We went to the room and discovered the room was in a section of the hotel closed off due to building works. the room itself was nice but had not been used for months and smelled. We also realised there was no towells so we phoned reception and at 12 30am someone arrived with some towels. In the morning we also noticed there was no shower gel or shampoo and had to again call for this.

We had also paid for vip check in and lounge access and on the tuesday when we returned to the airport we were told we would not get that for our flight home that day.

In total the flight was delayed for 24 hours before take off and i was wondering if i would be able to claim for compensation? i want my mobile calls refunded as well as the cost of the vip check in and the money back for an unpaid day off work my wife has had to take.

Does anyone know if i would be entitled to anything back?

Thanks

If the flight number changed, then you are entitled to compensation.
If it remained the same, then you will have to wait until the ECJ make there final judgement in the Autumn

WPC123

delvey wrote: »

Incorrect, the claim will be with the Airline

Delvey ~ grateful if you could confirm why this is the case as surely the poster's contract was with the tour operator and not the airline. As I read it he had no direct contact with TC whereas he paid his money to DH. Accept that TC may be responsible but would have thought they would have dismissed his approach as their responsibility was to the tour operator????

Voyager2002

Bobfossil wrote: »

Hi there

My Thomas Cook flight from Menorca to Gatwick had to land at Paris due to an "unforeseen operationally significant defect which required rectification prior to further flight". Basically - the pilot advised us that a valve had stopped working and needed replacing and that we were unsafe to land at Gatwick. We had to stay overnight at a nearby hotel while engineers were flown out to fix the plane.

My question is (and I hope this isn't a repetition of an earlier post!) as the flight wasn't delayed prior to take off, but was still about 24hrs late in getting me home, am I still eligible (subject to the judgement in the Autumn) for compensation? This may well be a dumb question, but the information I've seen on here seems to relate to cancellations and delays prior to boarding, rather than an unscheduled landing and delay "mid flight" as it were.

Any help would be greatly appreciated!

Thanks!

What counts is how late you were at the airport of arrival.

However, in this situation it sounds as if the airline would have a strong defence of "exceptional circumstances".

delvey

WPC123 wrote: »

Delvey ~ grateful if you could confirm why this is the case as surely the poster's contract was with the tour operator and not the airline. As I read it he had no direct contact with TC whereas he paid his money to DH. Accept that TC may be responsible but would have thought they would have dismissed his approach as their responsibility was to the tour operator????

Because the airline is to blame for the delay, not the tour operator. All they do is arrange the holiday. Any claim under EU 261/2004 should be directed towards the airline providing the flight, as they are responsible for the flight. The tour operator has no control over a flight (even if you booked a holiday with Thomson, the claim should be made with thomsonfly)
In regards to the delay from Glasgow, in theory you should not have to wait for the ecj decision

roadiegirl

Hi there, thanks for the replies that I got, have read through the Tor Air posts, and have seen a few for Small Earth (I think?!), all stating similar things about holidays with Olympic.

So as far as I can tell we are eligible to claim compensation, and I will use the draft letter posted in here to do so (thanks for posting that), but my only problem is that I can't tell whether to go through Olympic or Strategic Airlines, could anybody clarify this for me? And if I am totally wrong can someone save me the cost of a stamp and my time writing the letter if I can't actually claim any compensation?

Many thanks once again.

Johnster

Hi

Our 8.30am Jet2 flight from East Midlands to Tenerife on Friday 20 July was on time but we weren't on it as they sent a smaller plane with 10 less seats so the last 10 people in the queue were not allowed on. We accepted an alternative flight from Newcastle at 3.30pm later the same day. There were five in our party (two parents in our 40's, mother in law in her 60's and our children aged 3 and 7). They gave us £50 in vouchers for food and drink to spend at Newcastle or on the flight but we had to stop half way during the journey at a service station to feed the kids who were hungry (having been up since 3am and we expected to eat on the flight). We have a letter promising a free return off peak flight for each of us but if off peak means not during school holidays then we can't take advantage of them as taking the kids out of school is illegal.

Having got back at 10pm last night I am now getting my head around sorting this out. Anyone got any advice?

Thanks

John (and family)

111KAB

Centipede100 wrote: »

You and your wife are entitled to 600 euros each from Thomas Cook Airlines. Check out the template letter I wrote a few pages ago along.

Centipede100 ~ as always your advise is very much appreciated. I would however in this case (bigmc1_ 9) appreciate your clarification as the poster booked his flight via a travel agent and not TC Airlines. As such I would have thought there is no direct link bigmc > TC (ie payment via this route did not occur) therefore whilst accepting TC were responsible for the delay is it not the travel agent ~ prompted by the poster ~ who has the contract with TC and as such it is they who should be seeking the compensation?