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Compensation for delayed flights Discussion Area
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The reason for the delay according to the pilot at the time was that wing sealant had come loose on take-off and so the flight had to return for emergency repairs. This had the knock on effect for the return leg of the flight which we were on.
I understand that technical issues such as these are due to maintenance neglect are definitely not "extraordinary" and I am therefore able to take my claim further? If so, how and to whom do I address this please?
I found the comparison to my own car particularly patronising, and quite beside the point... I don’t use my car as a taxi; if I were, and lack of vehicle maintenance caused my passengers to be over 3 and half hours late to their destination then I would be expected to compensate them.
My letter was sent to Thomas Cook; their sister company Neilson (Holiday booked with them) responded as below.
Neilson Active Holidays’ response:
...It is with regret that I note your flight with us was delayed. Whist 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 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.0 -
Can I ask posters to not post the comparison with a car breaking down letter any more please?
Pretty please?
It must have been posted over 100 times now. And I'm fed up with reading it in the vain hope that something new will be within it.
All the people on this forum want to know is the detailed reasoning of EC's, if they are divulged.
And even then, to be put on the dedicated thread for the respective airline.
Thank you in anticipation.
Mark.0 -
in 2010 my flight was delayed out of ncl, I know it was over 2 hours definitely but when I checked flight stats it says 'unknown' status, is there any other way of finding out the exact delay time? thanks0
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Mitchell89 wrote: »Can I ask where you got the claim form from?
I wrote and claimed to Thoson and they sent me the form.
Deb0 -
I started my claim for 1800 euros last January after a 1 day delay with Thomas Cook going to Cuba after their plane had landing gear problems in Cuba. They told me the European court ruling was still being appealed so I tried again in November after it was finalised. I refered to my original complaint number and emailed them, I had tried phoning but they were not agreeing to anything, they replied to the email by giving me a voucher for £1500 a couple of weeks ago. I wrote back quoting that they only can pay compensation in vouchers if I agree and I did not so a cheque arrived today for £1500.:j0
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jaycee_111 wrote: »I started my claim for 1800 euros last January after a 1 day delay with Thomas Cook going to Cuba after their plane had landing gear problems in Cuba. They told me the European court ruling was still being appealed so I tried again in November after it was finalised. I refered to my original complaint number and emailed them, I had tried phoning but they were not agreeing to anything, they replied to the email by giving me a voucher for £1500 a couple of weeks ago. I wrote back quoting that they only can pay compensation in vouchers if I agree and I did not so a cheque arrived today for £1500.:j
that is absolutely fab news thanks for posting. I am trying to get my head round this as we had a virgin flight that was delayed by 5 hrs, and I am trying to see what the out come of peoples claims are.0 -
Hi all, i have just spent an hour doing my complaint... Ihope it pays off. I was delayed 10hrs 13 min in 2010 I was flying from Man to New York and at the time I remember them saying it was a fault with the aircraft... I have asked for 6oo euros compo as per the template. This delay caused me to miss my connection in new york and I had to wait another 7 hours for my flight o LA, so I have asked for another 600! Cheeky I know, but I was delayed for both flights!! It was with Continental, who have now merged with United Airlines, will this affect my chance of compo?Halifax CC [STRIKE]£1322.88[/STRIKE] £0 :j 11.9% Virgin CC [STRIKE]£1534.76[/STRIKE] £1384.76 0% until AUG 13. Grant over payment [STRIKE]£166.66[/STRIKE] £0 :j DFD 31 JUL 13 #102 :beer:
Weight[STRIKE] 164lbs[/STRIKE] :mad: 05 May 164lbsTarget 146lbs by 30 JUN 13
Happiness is a way of life not a destination.:j0 -
youknowwho wrote: »Hi all, i have just spent an hour doing my complaint... Ihope it pays off. I was delayed 10hrs 13 min in 2010 I was flying from Man to New York and at the time I remember them saying it was a fault with the aircraft... I have asked for 6oo euros compo as per the template. This delay caused me to miss my connection in new york and I had to wait another 7 hours for my flight o LA, so I have asked for another 600! Cheeky I know, but I was delayed for both flights!! It was with Continental, who have now merged with United Airlines, will this affect my chance of compo?
your plan for the second lot of compensation is flawed on 2 counts
1) your second flight was not delayed - you just did not turn up in time to travel on it so it went without you
2) United are not an EU airline so even if the 2nd flight was the only one delayed their would be no compensation0 -
hi, im just wondering how do i claim for flights i was delayed on from 2008, the company went bust but i dont know who i flew with or what date i exactly went, anyone know how i find these things out, or how i go about finding out how to get these details, thanking you,
paddy
ps flights were from crete to belfast in 2008 approx sept , or oct and i think it was booked with comapny XL, any info please advise0 -
hi, im just wondering how do i claim for flights i was delayed on from 2008, the company went bust but i dont know who i flew with or what date i exactly went, anyone know how i find these things out, or how i go about finding out how to get these details, thanking you,
paddy
ps flights were from crete to belfast in 2008 approx sept , or oct and i think it was booked with comapny XL, any info please advise
Are you real? You dont know who you flew with, or when you flew, but you'd like help to find out? I think you might have to write this off ..,0
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