Compensation for delayed flights Discussion Area

millymollie

Hi, Just had my compo claim for a seven hour delay last year turned down by Thomas Cook. They stated the below:


Although delays are rare, 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 extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate in this case.

I will write to them asking what the extraordinary circs were, we were told last year that it was technical problems. Any advice appreciated, thanks!!

Daza

millymollie wrote: »

Hi, Just had my compo claim for a seven hour delay last year turned down by Thomas Cook. They stated the below:


Although delays are rare, 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 extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate in this case.

I will write to them asking what the extraordinary circs were, we were told last year that it was technical problems. Any advice appreciated, thanks!!

Thomas Cook are refusing ALL claims with the extraordinary excuse.

Resend your letter but place this at the top

NOTICE BEFORE ACTION


And this just before your name at the bottom

Should my claim not be settled in full or you do not respond with a full valid defence to my claim within 14 days of the date of this letter, I reserve the right to commence legal proceedings without further notice.


This will make them reconsider your case - just worked for me.

richardw

Daza wrote: »

...This will make them reconsider your case - just worked for me...

or are they going to the next stage of 'the brush off'?

Daza

richardw wrote: »

or are they going to the next stage of 'the brush off'?

Maybe, but who knows the outcome until they respond
Next action is to serve court papers to them - worth the £60 - £70 for a £900 payout (& the statutory 8% interest payable since I first made contact with them 18 month ago regarding this claim)

vladman

Centipede100 wrote: »

Make your claim in that case sending it to the BA address in Sudbury.

Just sent off the letter using Martin's template. Thanks for your help. I'll write back here with an update when I hear back from them.

millymollie

Hi there and thanks for the info

I did complain to TC last yr when we returned from holiday, however I don't have the letter they sent me at the time saying it was a technical problem.
I called their directors office today to discuss their reply and they said it would take 10 working days to reply to me regarding the "extraordinary circs"
I will wait to see what they come back with.

questions
1- Can I trust them to be honest with me regarding their explanation- I have checked on flightstats but our flight isn't listed??
2- I will then sent the NBA to them, when I make a MCOL do I have to make separate claims for each of the passengers in our group-there are 9 altogether?

Many thanks - I hope everyone has success in this matter!

billyboo131

Hello,

My flight was way back in 2009, I complained as soon as we landed, we were delayed for just under 4 hours. We were NOT supplied any food or drink (AKA welfare), at the time I was staff also.

Anyway I have just wrote to them and got this response:

Dear Mr. Eve,
I write to acknowledge receipt of your further communication.
I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the 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 bringing this matter to a satisfactory conclusion for all concerned.
Again, we will endeavour to respond to you as quickly as possible. In the meantime, I apologise for any delay in our further reply and should you wish to contact us again please do so via www.thomascook.com/customer-relations
Yours sincerely,
Antonia
Customer Relations Executive

What do you guys think? Looks quite positive eh?

They don't seem to read emails properly, which is soo annoying!! :mad:

robster999

krissyporter wrote: »

im the same. not sure what to do next

Sorry but only just seen your post. I have been busy chatting to the CAA and at the stage were I am ready to send the email information they advised me to do. The guy I spoke to guessed I was talking about Thomas Cook and he said they were looking for some clarification about the excuse they are using. He said TC are referring to some passenger booking regulations when they say you have to complain within 28 days. He said that was more likely the case when there is a need to complain over poor accomodation or genaral bad experiences holidaymakers have. (My words not his, just my interpretation)

Anyway to sum up he thought I we had a valid complaint and suggested I email the CAA with details and letters etc.

I'm no expert like some of the knowledgeable ones on here, but I would suggest you talk to them and see if they will pursue your complaint. My thinking is I am gathering more and more evidence and the CAA on board (pardon the pun), cant do me any harm.

Daza

billyboo131 wrote: »

Anyway I have just wrote to them and got this response:

I write to acknowledge receipt of your further communication.
I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the 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 bringing this matter to a satisfactory conclusion for all concerned.
Again, we will endeavour to respond to you as quickly as possible. In the meantime, I apologise for any delay in our further reply and should you wish to contact us again please do so

What do you guys think? Looks quite positive eh?

I got the exact word for word response

SteJayT

Mark2spark wrote: »

When did KLM write to you?
It's just the judgement has only just been announced last week on this 2 year Montreal Convention time limit. So they may have wrote to you - as they did to many others - before the ruling was made.
The ruling was that the time limit for claims is whatever the home countries rules are, in the UK, that's 6 years.

Received this reply off them today:

"Although I can fully sympathise with your personal situation, I regret to inform you that we have nothing more to add to what has already been communicated to you in my previous reply."

That was after some other information about them registering my feedback and that the service we received does not reflect their service goals etc. Looks like they're just trying to fob me off once again.

With it being a once in a life time trip to NYC I was lucky enough to keep everything. I've managed to find the itinerary number for the booking of the flights, along with the time/date of original flights and a boarding pass of a connecting flight (also through KLM) a day later than when we should have boarded, proving that we were in fact delayed. I believe this is sufficient evidence so do I send a final email with this information or should I now just issue them with a NBA email/letter? Thanks again for the help.