Compensation for delayed flights Discussion Area

costingbunny_2

Booked Holiday to Mexico via Blue Bay in February with TC flights and hotel 6 - 13 May 2015 from Man - Cancun
On 24 April TC emailed saying our seats had been changed and to log in to see where. Logged and in and we had been moved to a flight from Glasgow - Cancun on 9 May - 16 May.
Rang TC and said this was not acceptable - turns out it was using a different plane and our seats were no longer available.
Aftr 3 days of haggling with Blue Bay, we were moved to a flight wtih Thomson Man-Cancun on 6 May so Blue Bay cancelled our flight wiht TC - who offered £30 each compensation (?)
I put in an EU claim to TC on their online form as I understood that it was less than 14 days and they had changed our flights by over 5 hours (and to Glasgow). Put claim in 3 weeks ago and had reply

We have to plan our flight schedules in advance and sometimes have to make changes to the schedules.......however as you cancelled the holiday by your own choice we cannot offer compensation under the EU Regulation Act

Is this right?

Thanks

Vauban

jacksgrandma wrote: »

I get what you're saying but I complained immediately on our return and spent well over a year getting fobbed off left right and centre and they eventually offered us vouchers to be used within a year and neither of us have any intention of travelling with Thomas Cook ever again as we were appallingly treated during our delay and subsequently. All I want is what is rightfully ours and they have procrastinated enough. I'm very, very cross about the way we've been treated and, indeed, the way they seem to treat others. :mad::mad::mad:

Well - give customer services a ring, and then - if they won't take the vouchers back - take them to court: if these are offered as payment for 261/04 compensation they won't have a leg to stand on when you show the court their covering letter.

Tyzap

Crew sickness cannot be classified as an EC following a court case that Bott brought against BA. (also posted on the BA thread).

Another potential EC escape route closed.

http://www.bottonline.co.uk/press-releases/judge-rules-crew-sickness-does-not-excuse-airlines-from-paying-flight-delay-compensation

legal_magpie

It would be interesting if a member of the crew was taken so ill that the aircraft had to be diverted so that he could receive emergency medical treatment. Presumably the same as if it was a passenger who was taken seriously ill.

stevemej

jacksgrandma wrote: »

I get what you're saying but I complained immediately on our return and spent well over a year getting fobbed off left right and centre and they eventually offered us vouchers to be used within a year and neither of us have any intention of travelling with Thomas Cook ever again as we were appallingly treated during our delay and subsequently. All I want is what is rightfully ours and they have procrastinated enough. I'm very, very cross about the way we've been treated and, indeed, the way they seem to treat others. :mad::mad::mad:

Well we are still waiting for our compensation (for a 5.5 hour) from July 2012 with jet2. I think it is a mistake to narrow YOUR options for holidays going forwards. ALL airlines have delays and ALL airlines have tried to get out of paying due compensation. The legislation says that you are due compensation in Euros so thats what you'll get paid equivalence to.

I am claiming interest too and will be disappointed if I don't get it but hopefully a judge will force them to pay interest. Getting paid out without having to take them to court means nobody can force them to pay you interest so you might not get this.
Maybe you could ask that due to the protracted nature of your complaint you would like some compensation in lieu of interest (maybe some vouchers). i don't know how successful you will be.
The legislation says you are to be paid a Euro value so this is going to be calculated when you get paid.

NoviceAngel

stevemej wrote: »

The legislation says you are to be paid a Euro value so this is going to be calculated when you get paid.

Unless you quote the DJ Jenkinson ruling, and you should get the Euro to GBP rate at the time of commencement of legal action.

stevemej

NoviceAngel wrote: »

Unless you quote the DJ Jenkinson ruling, and you should get the Euro to GBP rate at the time of commencement of legal action.

where did the rate come from for d j jenkinson?

NoviceAngel

stevemej wrote: »

where did the rate come from for d j jenkinson?

The Judgment was to use the rate of exchange at the commencement of legal proceedings.

http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

stevemej

NoviceAngel wrote: »

The Judgment was to use the rate of exchange at the commencement of legal proceedings.

http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

i thought it was but you seemed to conradict yourself. you said "Unless you quote the DJ Jenkinson ruling, and you should get the Euro to GBP rate at the time of commencement of legal action."

So Both ways you are going to get paid the exchange rate at the start of legal proceedings.

NoviceAngel

No, I was replying in addition to your quote, anyway we got there in the end