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Bird Strike

Our flight to Cuba was delayed by 12 hours and Thomas Cook claims that the delay was caused by a bird strike and therefore is not eligible for compensation is this true ? We have also made enquirers and we can find no record of bird strikes to Thomas Cook aircraft on or around our travel dates any advise will greatly appreciated

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  • System
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  • johno203 wrote: »
    Our flight to Cuba was delayed by 12 hours and Thomas Cook claims that the delay was caused by a bird strike and therefore is not eligible for compensation is this true ? We have also made enquirers and we can find no record of bird strikes to Thomas Cook aircraft on or around our travel dates any advise will greatly appreciated

    You could contact the CAA and ask for details of bird strike to flights leaving your departure airport on the day of the delay under the FOIA - I did this and although they don't give flight numbers, it was pretty easy to identify my flight from the information given.

    I was delayed for 9 hours, but for 3 separate reasons - first reason was birdstrike which was the reason Thomsons gave for rejecting my claim. I persisted and ultimately issued a claim - Thomsons then settled with me. Let me know if you want any more info/have any questions.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
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  • mjan
    mjan Posts: 71 Forumite
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    I just won a County Court Claim today against TAP Portugal where the defence was a bird strike. The judge ruled it was NOT an extraordinary circumstance.
    If you decide to claim and need some tips, I'll be happy to help.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    mjan ..... WELL DONE!
  • Vauban
    Vauban Posts: 4,737 Forumite
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    Great result - well done indeed!
  • mjan wrote: »
    I just won a County Court Claim today against TAP Portugal where the defence was a bird strike. The judge ruled it was NOT an extraordinary circumstance.
    If you decide to claim and need some tips, I'll be happy to help.

    Hi, I have had a similar situation, how did you manage to make the claim? I didn't think this could be claimed on, what did you say if you don't mind me asking and what compensation were you awarded? Thanks
  • mjan
    mjan Posts: 71 Forumite
    Part of the Furniture
    Kme wrote: »
    Hi, I have had a similar situation, how did you manage to make the claim? I didn't think this could be claimed on, what did you say if you don't mind me asking and what compensation were you awarded? Thanks


    Of course it can be claimed on... Most of the extraordinary circumstances mentioned by the airlines are so only if a judge agrees they are. I was awarded the statutory compensation prescribed by reg 261/2004.


    If you want to know more, please read Vauban's fantastic guide. You can find it on the sticky thread on top of this sub-forum.


    I can and will help you if you get to the point of having to go to court. Until then, follow Vauban guide.
  • Hi!! What great news! Can you send me some info...tips on how you managed a succesful claim! Thanks
  • ... and the tip is.... read Vauban's guide (see above) and you won't go far wring.
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