Thomas Cook Unsuccessful - new legislation

heatherfay89

received the letter below from Thomas Cook mid June, unsure as to whether I should resubmit the claim due to recent changes.
Help?! Opinions?!

"Dear Heather

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

This is with regards to your outound flight TCX02K MAN-POP 06.02.10 and also your inbound flight TCX062L POP-MAN 20.02.10

Kind Regards,

Victoria McGuire

Customer Relations"

Vauban

heatherfay89 wrote: »

received the letter below from Thomas Cook mid June, unsure as to whether I should resubmit the claim due to recent changes.
Help?! Opinions?!

But there have been no recent changes to either the law or an instruction to courts to interpret it differently. The recent "guidelines" are non-binding and disowned by the European Commission.

Caz3121

Plenty similar communications and information on the Thomas Cook thread

Oliver_Klozoff_2

A standard template reply. Write back requesting more information about the exact nature of the technical defaults. If they don't give this info then issue an NBA, then MCOL. After MCOL they will take notice as they have to supply this information.

And yes, what the others said, they are guidelines not case law. Even then, were the judge to go by them it outlines what EC are a bit. And if it is EC can they prove they did everything possible to keep the delay to a minimum?

Soldier on.

yosemite_sam

I also got this letter today after submitting a refusal of boarding claim(template letter that was emailed to me from someone on this very forum).
I thought mine was an open shut case.
Flight was supposed to be 1045 Menorca to Manchester,whilst checking in i was given a letter stating that i would no longer be on this flight,but another 45 mins later,that turned out to be nearly 6 hours later.The initial plane that was coming for us was an airbus as the passengers came to over 300,it broke down and they sent a plane that could only take 200 odd,and we were one of the families that had to wait for another plane as that wasnt big enough.We watched as people we travelled with 2 weeks prior boarded the plane and we were refused.

Mark2spark

yosemite_sam wrote: »

I also got this letter today after submitting a refusal of boarding claim(template letter that was emailed to me from someone on this very forum).
I thought mine was an open shut case.
Flight was supposed to be 1045 Menorca to Manchester,whilst checking in i was given a letter stating that i would no longer be on this flight,but another 45 mins later,that turned out to be nearly 6 hours later.The initial plane that was coming for us was an airbus as the passengers came to over 300,it broke down and they sent a plane that could only take 200 odd,and we were one of the families that had to wait for another plane as that wasnt big enough.We watched as people we travelled with 2 weeks prior boarded the plane and we were refused.

Yours is open and shut then Sam, as you were denied boarding.
Same circs as mine. I got a payout without having to issue court proceedings, although mine was with Monarch.

yosemite_sam

Mark2spark wrote: »

Yours is open and shut then Sam, as you were denied boarding.
Same circs as mine. I got a payout without having to issue court proceedings, although mine was with Monarch.

What do i have to do now then Mark?I got the same letter as the others did when i sent a claim against them via a template.

Vauban

yosemite_sam wrote: »

What do i have to do now then Mark?I got the same letter as the others did when i sent a claim against them via a template.

Why not read the FAQs, including the link entitled "What I do next". Radical, I know ...;)