Compensation for delayed flights Discussion Area

northwest1965

Centipede100 wrote: »

Are you able to get hold of a copy of this printed booking confirmation? If not, then I don't believe it is reasonable to demand such so long as you have your booking confirmation number and have already quoted that to the airline along with the flight date and time.

Just found it on the computer, printed if off!:T

Lapduc

Many thanks to all. I won't chase AF. But Monarch is another matter!

happychap7

Hi
My family and I were delayed in May 2010 for 5 1/2 hours flying from Manchester to Antalya and 17 1/2 hours on the return flight. The reasons given were ' scheduled maintanance overrun ' and on the return flight 'operational disruption within the Thomson Airways Fleet.' Do I have a chance of compensation and who do I address the complaint to please.

delvey

happychap7 wrote: »

Hi
My family and I were delayed in May 2010 for 5 1/2 hours flying from Manchester to Antalya and 17 1/2 hours on the return flight. The reasons given were ' scheduled maintanance overrun ' and on the return flight 'operational disruption within the Thomson Airways Fleet.' Do I have a chance of compensation and who do I address the complaint to please.

As above what centipede has said.
Expect them to reply within 2-3 weeks stating they need more time, whether you allow them more time is up to you.
I am waiting for a response myself from them and will update the thread once it has been delivered

luckyandblessed

Centipede100 wrote: »

Try this letter but make sure your own details and circumstances are included:

The Company Secretary
Thomas Cook Airline Ltd
The Thomas Cook Business Park
Coningsby Road
Peterborough
PE3 8SB


Dear Sir

NOTICE BEFORE ACTION

Delayed Flight Compensation
Flight number: (insert here)
Date: (insert here)
Booking Ref: (insert here)
Passenger names: (insert here)
Amount claimed: 250/400/600 (delete as applicable) euros per passenger

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving xxxx and we arrived in xxxx some xx hours after the scheduled arrival time.

I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were informed that the flight was delayed overnight due to 'technical difficulties with the aircraft.' Since technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

You will also be aware of the Cuadrench More v KLM ECJ judgment of 22 November 2012 which states that the time limits to bring actions for compensation under Articles 5 and 7 of that regulation are determined in accordance with the rules of each Member State on the limitation of actions. In the UK the Limitation Act 1980 Section 5 prevails which means that a claimant has 6 years from the date of delay to commence legal proceedings to recover such compensation as may be due.
Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours faithfully

xxxxx

Before you contemplate sending this please read the post I wrote yesterday at 9am 2 pages ago.

Thank you! I used your suggested wording and received a response today! Very different to the first one!
My case is being reviewed "with a view to bringing this matter to a satisfactory conclusion for all concerned."
Brilliant! Thank you so much and I will keep you updated!

sophies_mummy

Hi lucky and blessed I also got the same reply as you have from thomas cook "with a view to bringing this matter to a satisfactory conclusion for all concerned."
That was 27 days ago and ive not heard from them since
im going to wait until 28 days have passed them actually start court proceedings I think.

Daza

luckyandblessed wrote: »

Thank you! I used your suggested wording and received a response today! Very different to the first one!
My case is being reviewed "with a view to bringing this matter to a satisfactory conclusion for all concerned."
Brilliant! Thank you so much and I will keep you updated!

Thats just the second "fob off" stock letter everyone receives.


Just like they send you a link to their webpage:
https://thomascook.zendesk.com/entries/22249503-thomas-cook-airlines-flight-delays

Which states:
"The UK airport agencies and our overseas reps will always look after our delayed customers, and will ensure that where appropriate, they receive food and drinks relevant to the length of any delay. On the 23rd October the European Court of Justice gave judgement and has ruled that in those circumstances, compensation will not normally be payable."

So basically they are saying if we provided you with food & drinks that it for your compensation

rusty_frog

Daza wrote: »

Thats just the second "fob off" stock letter everyone receives...............

You are lucky!

I am still waiting for the first "fob off" letter from Thomas Cook!

buscdr

I got fobbed off by Air France saying they could not entertain my claim as it was outwith a 2 year period so I asked them to reconsider given the recent judgement. Their response is as follows:

---

Thank you for your recent communication dated 05th December 2012, with which you were expressing your disappointment in regards to our previous response. Please allow me to clarify our position.
I confirm that we maintain our position of holding a 2 year deadline. As the disruption of your [flight details] occurred back in September 2010, and the original complaint came to us on 30th November 2012, this is beyond the deadline.
This deadline of 2 years is the deadline planned by the Montreal Convention (1999) which stipulates, in its article 35: " the action in responsibility must be instituted, at the risk of forfeiture, for the deadline of 2 years as from the arrival to destination, or from the day when the aircraft should have arrived, or of the stop of the transport "
The decision of the ECJ in the affair Joan Cuadrench should, change nothing to it for all the States having ratified the Montreal Convention, or even having simply ratified the Warsaw Convention in 1929 (which planned already exactly the same arrangement).
Indeed, all the Nations agree to respect a general and fundamental principle of the right by recognizing by the legal rules a certain hierarchy.
This hierarchy is the following one:
1 - The Constitution (or the text which considers it place),
2 - The international Treaties (or international Conventions) duly ratified,
3 - The national law,
4 - The statutory acts (Regulations, Decrees, court cases).
It ensues from this universal rule that measures contained in an international Convention ratified by a State take it on the national laws.
Another fundamental principle wants that special rules take it on main rules.
So, for all the States having ratified the Montreal Convention (or Warsaw 1929), the limitation period of 2 years to commit an action in responsibility relative to a damage arisen during an air transport, takes it over any general limitation period concerning the introduction of an action in responsibility.
I do hope that the above explanation will help soften the negative impact of this situation and that you will afford us with yet another opportunity to serve you to your entire satisfaction.
Yours Sincerely,
G.Cannavo (Mr)
Customer car Europe

---

Anyone else had similar? Is it worth pushing?

johnisworried

Can someone tell me, if my plane was delayed 3rd July 2007, what's the last date I can make a MCOL in the future? For the 6 year deadline?