Flight delayed compensation

fattony

Hi

I know this is a a sensitive issue but I’ve had Thomas Cook agree to compensation for a delayed flight, this is for 6 people so it’s a considerable sum (for me) but if they go bust is that kiss goodbye to any compensation?

Thanks

da_rule

As far as I'm aware, the compensation isn't underwritten by ATOL or ABTA (and unless you booked the flights as part of a package then this wouldn't be applicable anyway).

Therefore, if they do go into administration and then into liquidation then you will just be another creditor. You may get pennies per pound owed, but secured creditors would take precedence so you'll likely end up with very little/nothing.

shaun_from_Africa

Is the compensation due because of an EU 261/2004 claim?
If so and the flights were paid with using a credit card then providing that they were more than £100 for each ticket, it's quite possible that the credit provider will be liable for paying out the money owed.

fattony

Hi

It was a package holiday paid on a credit card, the claim was because the plane had technical difficulties and was well over 3 hours late, this was from Zante back to Gatwick

Thanks

born_again

fattony wrote: »

Hi

It was a package holiday paid on a credit card, the claim was because the plane had technical difficulties and was well over 3 hours late, this was from Zante back to Gatwick

Thanks

I would very much doubt that S75 would cover this. Due to the fact that there is already a procedure to cover compensation and even though the flight was delayed. You still got the flight. So not breech of contract.
Same with consequential losses. Airline has a duty to provide everything you would need for a 3 hour delay.

shaun_from_Africa

born_again wrote: »

I would very much doubt that S75 would cover this. Due to the fact that there is already a procedure to cover compensation and even though the flight was delayed. You still got the flight. So not breech of contract.

But the contract provided for a flight which was to arrive at a certain time and if they failed to meet this then it is a breach of contract and if the reason for the delay means that compensation under 261/2004 is payable, I don't see why the credit provider wouldn't be liable.

A quick search on Google found this:
https://www.which.co.uk/consumer-rights/letter/letter-to-make-a-section-75-claim-for-a-cancelled-flight
which although is referring to a cancelled and not a delayed flight, the reference for the claim is given as:

Reference: Claim under Section 75 of the Consumer Credit Act for failure of airline to comply with (EC) Regulation 261/2004

so if they think that the credit card company is liable under the regulation for paying out for a cancelled flight, I don't see why they wouldn't also be liable for a delayed flight.
If the OP doesn't get their money from Thomas Cook, I think that they open an S75 claim using the "Which" template from the link.
After all, what is there to lose by trying?

fattony

Thanks, yes no harm in trying, Thomas Cook have agreed to pay out and their last email said the money would be in our account in 10 days, problem is we’re 5 days into that.