Flight delay and cancellation compensation, Thomas Cook ONLY

Chas · 12 March 2018 at 10:55PM

Well I am about ready to throw in the towel

Following advice on here I was fairly confident that I would win my case against TC - a passenger broke an arming handle on an earlier flight.

TC have always claimed exceptional circumstances. I referred the case to CEDR who ruled in favour of TC.

Bott & Co agreed to take the case but have now advised that they will no longer represent on a no win, no fee basis as they are confident that TC will win.

Tyzap · 13 March 2018 at 1:03AM

Hi Chas,

I'm surprised by that decision.

Did the airline say whether it was deliberate or accidental damage that was caused by the passenger.

Assuming it was completely accidental.

I really would have thought that where passengers and forms of transport, be it train, taxi, ship or aircraft etc, come into contact with each other, some form of accidental damage is inevitable and unavoidable. It must be inherent in the operation of any business which transport passengers, that this type of accident will and does occur. I would categorise it as normal wear and tear.

For CEDR to accept the above situation is an extraordinary circumstance is quite unbelievable.

If it was a deliberate act then perhaps it could be argued that it would qualify as an EC.

Without a NWNF company to take it on, you are left with just two options, MCOL or drop it.

Good luck.

jpsartre · 13 March 2018 at 9:20AM

Tyzap wrote: »

I really would have thought that where passengers and forms of transport, be it train, taxi, ship or aircraft etc, come into contact with each other, some form of accidental damage is inevitable and unavoidable. It must be inherent in the operation of any business which transport passengers, that this type of accident will and does occur. I would categorise it as normal wear and tear.

I alwways found that reasoning to be rather spurious and it would apply to cases that EU regulations explicitly state are extraordinary (bad weather, ATC restrictions). A better measure is whether the airline could have avoided the delay taking all reasonable steps.

Chas · 15 March 2018 at 10:36PM

Tyzap wrote: »

Hi Chas,

I'm surprised by that decision.

Did the airline say whether it was deliberate or accidental damage that was caused by the passenger.

Assuming it was completely accidental.

I really would have thought that where passengers and forms of transport, be it train, taxi, ship or aircraft etc, come into contact with each other, some form of accidental damage is inevitable and unavoidable. It must be inherent in the operation of any business which transport passengers, that this type of accident will and does occur. I would categorise it as normal wear and tear.

For CEDR to accept the above situation is an extraordinary circumstance is quite unbelievable.

If it was a deliberate act then perhaps it could be argued that it would qualify as an EC.

Without a NWNF company to take it on, you are left with just two options, MCOL or drop it.

Good luck.

Thank you for your reply. TC are saying the damage was accidental & are saying it was exceptional circumstances, but they are claiming they took all reasonable steps to minimise the delay to my flight.
In their response to Bott & Co they have quoted the CEDR ruling in their favour as further evidence to back them up.
Sorry to be dim, but what is MCOL?

Justice13075 · 15 March 2018 at 10:43PM

Money Claim online Basically you sue them through the small claims court. Just google for help

legal_magpie · 16 March 2018 at 12:12AM

Before you start court proceedings download and read Vauban's guide. Just Google it and you'll find it.

Hetheron · 19 March 2018 at 12:22PM

Our flight was from Newcastle to Reus on 29 July 2012. Very early morning flight. Aircraft in for turnround but had elecrtical fault so delayed till replacement flown in. It had an oil leak which they worked on but couldnt repair and would work on overnight.
We watched the sun rise...and the sun fo down and were transported to hotels overnight with free dinner and breakfast, Back to airport for same early departure but further delay until someone signed the plane off as airworthy.
At the time, tried to claim via travel insurance but didnt have the supposed "chitty"from the Airline so no claim
Last week..March 2018 I had a call from one of those No Win No Fee companies who knew every long forgotten detals of flight, telling me the time for claiming was running out so I let them send me details re possible claim but on reading the Fee if a win...No Way ...30% + £15 paperwork + Vat and if it went ro court and failed, then I might be liable for their expenses.
Having the details now to hand, I went to this great Site and via Resolver sent my claim. Very prompt response from Thos Cook, even one at 3.14 AM !!
Tried to fob me off with a voucher for use on a holiday with them..€800 + £200 good will. I refused voucher so it was cancelled and was asked for bank details and last heard, a payment of £700 which in their words,equates to the €800 is on its way to my bank. The £200 was removed they said as it was a promotion . Well £700 ain't bad except that at their own exchange rate on the day they supposedly sent the payment, in my calculations, amounted to £722.84 !!
I have to add that from beginning to end apart from waiting for the funds to appear in our bank account...it was completed within 48 hours !! Have Thos Cook improved ?:j:T:money::j

legal_magpie · 19 March 2018 at 4:55PM

You have done exceptionally well, Hetheron. Time was indeed running out, the time limit being 6 years from the date of the flight to commence Court proceedings

StuFromNTU · 20 March 2018 at 9:58PM

Hi all.

I have a question and i can't seem to find the answer on it.

In June 2016 TC cancelled my flight on me with approximately 8 weeks notice. They offered to move me to a flight a day earlier, which i know sounds ideal for some, but it would have left my without accommodation for over 24 hour hours.

I received a refund and asked them to cover additional costs such as difference between original flight and my new flight, parking (as i had to chose a different airport 90 miles away).

Could i still reclaim under the flight cancellation process? the flight i got from the second airport set off after a similar time.

Thanks in advance
Stu

NoviceAngel · 20 March 2018 at 10:19PM

StuFromNTU wrote: »

..........Could i still reclaim under the flight cancellation process? the flight i got from the second airport set off after a similar time.

Thanks in advance
Stu

Hi Stu,

You certainly cannot claim under EC261/2004 because they have cancelled your flight with plenty of notice. I’m afraid all your entitled to is a refund of the flight, I assume this is a flight only booking so I’d be surprised if you get any other associated costs back. You could try your travel insurance if you have a good policy in place.

Cheers,

NoviceAngel

Flight delay and cancellation compensation, Thomas Cook ONLY

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