Compensation for delayed flights Discussion Area

legal_magpie

Yes. (Yes yes)

The message was rejected as too short

JJ

jhf1956

Two years ago we were delayed for around 8 hours on a Thomas Cook flight from Sanford to Glasgow. The reason given for the delay was that it was due to a technical error. Having made a claim to Thomas Cook using the appropriate template letter I have had the following response:

Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I have now completed the review of your claim for flight TCX0247

As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault in which was not inherent in the normal course of activity.

A recent Supreme Court decision in the case of Huzar vs. Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays so we wanted to check if the outcome from your previous claim has changed as a result of this.

Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.

Is this more stalling fro Thomas Cook or are they correct in the advice offered. All views welcome.

glentoran99

yes its more stalling, and their new attempted get out,

Readybrek

Hi I need advice I'm currently battling lAN Airlines for compensation, They have confirmed to me in writing to agree to pay me the amount as agreed under EU law but I have never received any funds everytime I call I get we will look into it and call you back and emails go unreplied to.
please advise me someone it is very frustrating

Caz3121

NBA then court...all in Vauban's guide

Jonathan_H

Hi everyone. Apologies if I'm being particularly thick in the questions I'm about to ask, I have read the flight delay article on the main site a few times and am not totally clear on what I'm entitled to.

My Easyjet flight from Gatwick to Hamburg in 2010 was cancelled while I was waiting to board. From what I remember, there was 1 Easyjet representative there who was taking questions from a massive scrum of very annoyed travellers. I didn't get to speak to her directly but the gist I got from others seemed to be that no alternative flights for that day were being offered.

My friend and I decided to go home and we booked alternate flights through BA for the next day. I don't think I ever claimed a refund for the cancelled flight - I will obviously attempt to do that when I contact them. What I'm unclear on is am I able to claim compensation even though I chose to book flights with another airline, and, might I be able to claim the cost of the new flight?

Thanks, Jon.

DrA_Harrogate

Hi Jon

Yes. You were 'denied boarding' and are entitled to compensation. Read Vauban's invaluable guide and off you go!

DrA

Scruffywuffy

I've posted in the Thomsons section but thought I'd also post here.

Success at last. Today Thomsons transerred £923 to my bank for 2 of us. Delay of 9 hours last December, made up of 3 separate reasons. First one was bird strike, they never told me what the 2nd one was (despite me writing to them and specifically asking) and the 3rd delay was crew out of hours.

Had to do it the hard way though and actually issue a claim - this was despite me writing twice, sending a LBA and even sending my Particulars in draft with a letter saying I would be issuing if they didn't engage with me. The only correspondence I received was the inital letter knocking me back saying the plane was delayed due to bird strike which was an extraordinary circumstance, and bizarrely one dated just after the Claim had been issued which was virtually a duplicate of the first, but with a paragraph at the end saying take it to the CAA, I was perfectly entitled to - so I think this must have been a reply to my 2nd letter, some 5 months prior, in which I had said I would involve the CAA.

So, they acknowledged my Claim and said they intended to defend the whole Claim, then some 16 days after it was issued, called me and asked if I would settle.

They wouldn't pay interest, plus they quibbled my exchange rate. The amount offered was £70 (so £35 each) less than I had claimed, I really couldn't be bothered to argue over that amount so accepted. And 4 days later it's in my bank account.

I think it is disgusting that they just ignored my correspondence (apart from the inital letter denying I was entitled to compensation) and virtually made me issue a claim before they pay out, I thought right from the start that I had a very strong case, I work for a law firm so my case was pleaded very well (!) and given that I even sent my particulars (which from the way they were drafted and set out, anyone with a legal background should have been able to tell I either worked in the legal profession or had legal help) I think it's terrible that they completely ignored them until I issued a claim. Their customer service is non-existent.

I've found this forum incredibly useful, and if anyone wants more detail, or to see my Claim Form/Particulars for how they are set out, I am happy to assist.

Jonathan_H

Thanks Dr A. I've just read Vauban's extremely helpful guide, am I right in concluding that I won't be able to claim for the extra flight I bought?

Trixiehotlegs

Hi. Is anyone battling a flight delay comp claim with Thomson Airlines?? We were delayed 18 hours in June and put up in a hotel. We sent a claim letter off when we got home and had a receipt e-mail but nothing since and I can't get through on the phone. It just keeps leaving me on hold. I'm sure its a fake line to put you off claiming as no one ever answers!! Theyre supposed to reply within 28 days and its way past that now!
:mad: