Compensation for delayed flights Discussion Area

Camerop

Hi folks, Need some help, Sent my 1 st template letter from the website as I was delayed 10 hours with another 20 passengers in my party. We were travelling to cyprus for my wedding in 2010. I have reieved a letter from Thomas cook saying we should have claimed within 28 days from returning on holiday. Thought we could claim back until 2005?? Any one any suggestions please wouold be grateful.

Thanks
Miss cameron

richardw

Camerop wrote: »

..I have reieved a letter from Thomas cook saying we should have claimed within 28 days from returning on holiday. ..

Is that in accordance with the EU Regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML ?

Daza

richardw wrote: »

Where does it say that?

This very website !!!!
http://www.moneysavingexpert.com/travel/flight-delays

Flight delayed by five hours or more? You could get a refund and compensation

Crucially, to get a refund, it doesn't matter whose fault the problem was. Unlike with compensation, even if it's totally out of the airline's control, such as bad weather, you are entitled to it.
To also get compensation, the problem must the airline's fault (see conditions above).
You can get a refund for a delayed flight if:

• The flight departed from an EU airport, regardless of the airline, or you were on an EU airline that landed at an EU airport.
• Your flight departure is delayed by five hours or more and you decide not to travel.
• If you're on a booking with a connecting flight and you're at your intermediate stop, you are also entitled to your money back for all legs on your ticket (including a return at a later date) as well as a flight back to your starting point if the flight lands five hours or more late and your trip no longer has a purpose.

Can I get both a refund and compensation?


Yes, you could be entitled to a lot of cash.
If you decide not to fly because the departure is delayed by over five hours, unless it miraculously makes up the time in the air, if it lands over three hours later than scheduled, and it's the airline's fault, you can also claim for compensation, as well as a refund.

richardw

The horse's mouth says it http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML
which is what should be referred to in correspondence with the airline.

"Article 6
Delay
1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:..
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought,..."

millymollie

Hi,
I have been informed by Thomas Cook that our flight was delayed (7 hours) due to an oil leak. They said that despite regular servicing that the leak happened between inspections-therefore unexpected-and so classed as extraordinary circumstances.
Just wondered if anyone has had any success in getting compensation for delays caused by an oil leak, or if I am likely to be successful?
Thanks

Daza

millymollie wrote: »

Hi,
I have been informed by Thomas Cook
Just wondered if anyone has had any success in getting compensation for delays caused by an oil leak, or if I am likely to be successful?
Thanks

No tour operators have yet paid out, every case I know of they have claimed "extraordinary circumstances"- you will have to take them to court, the tour operators hope you will give up before you take it this far

rusty_frog

Daza wrote: »

No tour operators have yet paid out, every case I know of they have claimed "extraordinary circumstances"- you will have to take them to court, the tour operators hope you will give up before you take it this far

Just a general question:
What effect, if any, would a string of CCJ's have on a typical major tour operator?

Surely not too good for PR or going cap in hand to their bank manager?

Daza

I have today received 2 letters, 1 from Thomson & 1 from Thomas Cook
Both of them are rejection letters, the one from Thomas Cook was in response to a "Notice Before Action" letter


THOMSON:
After invesigating your claim for compensation, I can see from our internal airline reports that your flight was affected by a delay of 3 hours and 19 minutes. This was because your aircraft was delayed on a previous flight due to Tropical storm Isaac. This then had a knock on effect on your flight
As I'm sure you can appreciate, the reason for your delay was a result of an event beyond our control. As the delay was caused by extraordinary circumstance, the regulation does not require us to make payment.


The effected flight was Cuba to Manchester
The flight delayed as a "knock on effect" was Manchester to Dominican Republic (which is what we are claiming for)



THOMAS COOK:
I note that you are currently considering alternative avenues in which to progress this matter and would like confirmation of the "extraordinary circumstances" that arose on this occasion in order you consider your options at this time.
With the above in mind, I would like to confirm that the aircraft that was designated for your flight required essential maintenance work to be carried out, owing to repairs being needed on the wing. Regrettably, no other Thomas Cook aircraft was available to opperate this flight


I have just checked Flight Stats, and the outbound flight from MAN to ALI was delayed by 225 minutes, thus causing our flight from ALI to MAN to be delayed by 225 minutes
There was no fault with our aircraft once it arrived at ALI, therfore the delay was purely a result of a "KNOCK ON EFFECT"

---

As both of these claims are a result of "Knock-On Effects" is there any part of the regulation that states that the claim refers to the flight in question only and any circumstances to a previous flight routing is invalid to the claim.

staylor1982

staylor1982 wrote: »

Hi all, just thought I would update you on my claim with Thomas Cook. My flight TCX2312 on 29 September 2012 from Manchester airport Terminal 1, was due to depart at 6.45am.
When I checked in, I got told there's an airport delay till 9.20am. At 9am we boarded the plane, took off and within 10 minutes of flying we had to land back at Manchester due to a technical fault, the pilot announced this and he did have an oxygen mask on. He said that he can smell oil/fuel fumes through the oxygen mask.
Once we landed, engineers came to look at the plane and we got told we had to leave the plane where we will be given £8 meal vouchers each. Also there will be another plane for us at 1.35pm.
In this time we never got our pushchair back for our 20 mth old daughter.
We boarded the plane at 1.40pm and we finally took off at 2.04pm.
We was 7 hours and 19 minutes late.
We flew to Alicante Airport which is 1670km away and there was 7 people in our party. This means we are entitled to 400 € each (£320)
We was delayed 1 hour and 30 minutes on our way back home aswell, this was because the plane had to divert to Gatwick Airport to deliver a plane part for another Thomas Cook plane.
On the coach transfer on the way back to Alicante Airport we got handed a letter explaining the reason why we was delayed on the 29th September.
We got home on 6th October, once I recovered I wrote Thomas Cook a letter. Once I sent the letter off it was then I saw this new flight delay compensation.
I got a standard letter back saying we have recieved letter we will get back to you in 28 days.
Within 2 weeks I got a letter with an apology, which I was not happy with. I used a template letter from here. Also sent proof of all documents.
Got a letter back saying we have recieved it, will get back to you within 28 days. This letter is dated 22/11/12.
After watching it on watchdog daily a few weeks ago I was sure we had a right to claim.
Last week I emailed the CAA with all documents, I got a reply back saying they will get in touch within 14 days. To see if I do have a claim. I also used the template letter on here but in an email.

No news yet but I will keep you updated on things.
This was my first time flying with my 3 children! What a nightmare!

Got an email back from the CAA today

17 December 2012


Our Ref: ***********


Dear ***********

RE: Thomas Cook


Thank you for your complaint about the delay of flight TCX2312 on 29th September 2012. We have reviewed the copies of the correspondence between you and Thomas Cook that you provided to us. Thomas Cook has told you that the delay was due to an extraordinary circumstance and therefore compensation is not due.

The legislation, EC Regulation 261/2004, does set out a number of circumstances when airlines are not required to pay compensation. Generally when the airline can prove that the reason for the delay was unforeseen and outside their control, they do not have to pay compensation.

We will investigate your complaint and to do that we will need to request some further information from the airline. Once we receive that information, and based on that and any other information available to us, we will take a view, (alongside technical expertise from other colleagues within the CAA), on whether we consider the airline’s claim of extraordinary circumstances to be reasonable. If an airline gives us information which is confidential, we will not be able to share that with you. As I am sure you will understand, an investigation of this nature will take months rather than weeks, so we would ask for your patience while we give full attention to your claim.

Our view on whether the delay was due to extraordinary circumstances will not be legally binding, but will be evidence based, and as such we are hopeful that it would be accepted by the airlines. The CAA does not have the power to impose decisions upon airlines in the way that an ombudsman-type scheme does. Alternatively, it may be that after our investigation we find that the airline’s claim for extraordinary circumstances is reasonable, and we would not be able to help you further with that element of your claim. If you did wish to take your complaint further, then at that stage you may wish to consider action in Court.

We will be in contact with you again when we have concluded our investigation.

111KAB

staylor > CAA website says "Despite the word extraordinary, it does not necessarily mean it is a rare event, it just has to be outside of the airline’s control." Seems to me that the problems you mention were within the airline's control.