Flight delay and cancellation compensation, Thomas Cook ONLY

Phil1976 · 1 March 2018 at 1:56PM

Thanks but wouldn't Thomas Cook come under a private company ?

I will definitely be asking the question in court or before if possible, would be good to have the facts before the court date though, as I would love to ask the question already knowing the answer, just to test their honesty.

JPears · 2 March 2018 at 11:32AM

No, I meant CEDR to do FOI, see if the same flight has received adjudication, as TC claim. Those in favour and those against.

Phil1976 · 2 March 2018 at 2:50PM

Ah I see, I'll give it a go.

Thanks

Tel0070_1 · 7 March 2018 at 3:37PM

Vauban wrote: »

Why no surprises? CEDR seem to have been fair in most cases - so when was your flight, how much delayed, and why?

Maybe I was being a little too cynical, given that Thomas Cook recommended I take this route with CEDR and yet CEDR have ruled in their favour...!!
Flight MT2929 5th August '17, over 5 hours delay, yet TC stating that the initial delay was due to a lightning strike, however they have neglected to comment on the fact that before the lightning strike there was a delay of over 5 hours due to over-running maintenance....

Tel0070_1 · 7 March 2018 at 3:41PM

Paulcox741 wrote: »

Hi tel,

Re: MT2929 from Orlando.

CEDR have just appointed an adjudicator so haven't heard yet.

You would be the third person on that flight I know of now who have had their claim rejected by CEDR. However, I know of at least one person who has been successful via CEDR so guess it depends on the adjudicator you get and how detailed they look at the facts and then interpret them.

The fact that one adjudicator has ruled against Thomas Cook would suggest we do have a case. Not sure there is anywhere you can go after CEDR using this other successful case as a precedent?!?

Do you have the details of the 'winning' claim? Was there some specific fact I wonder that made the difference? I'm in the process of going back to the adjudicator now with my appeal - so time-consuming and tedious, especially if some claimants have been successful and others haven't - I'm not giving up though!!

Tel0070_1 · 7 March 2018 at 3:42PM

Paulcox741 wrote: »

Thanks JPears.

I've got a copy of the successful CEDR ruling, so will go down that route if the decision goes against me.

I also included it in my submission but not sure if they'll take that into consideration.

Hi Paul,

are you able to let me have a copy of the successful ruling for MT2929, by any chance?

cheers

Paulcox741 · 8 March 2018 at 9:10PM

Hi Tel,

Message me your email address and I'll send it over. Think it was accepted because that particular adjudicator interpreted the delay differently.

Just had confirmation they've rejected my claim so looks like only option now is to go to the small claims court.

Out of interest what time did you have recorded as the doors opening?

tripletmom · 9 March 2018 at 5:11PM

tripletmom wrote: »

Hi All,

Well I went back to Thomas Cook and queried their time of arrival as stated that by their reckoning it took 120seconds to slow down, clear the runway, taxi to arrival gate, stop, hook up the disembarking bridge and open the plane doors.

Thanks for getting in touch with us again about your flight delay and for giving us some more details.

I'm sorry your flight was delayed. We carried out a full investigation when you first wrote to us. Following a review of our aviation report on your delay, we're confident in our decision not to pay compensation.

We wanted to let you know that as we're a UK based airline, you have access to an Alternative Dispute Resolution (ADR) scheme. This has been approved by the Civil aviation Authority (the CAA) and is provided by the Centre for Effective Dispute Resolution (CEDR). If you like, you can refer your complaint to (CEDR) for an independent determination to be made.

CEDR is an independent dispute resolution provider certified by the CAA to adjudicate disputes between airline and their passengers that have not been resolved through the airline's own complaints procedure.

You can find out how to refer your complaint to CEDR by vising their website: cedr.com/aviation. All decisions made by CEDR are independent and binding on the airline, this means that the airline must obey the decision that's made by the adjudicator.

I'm so sorry we weren't able to resolve this for you. I hope we'll be able to welcome you back on a flight with us in the future.

They have very quickly sent me a response as below: - It seems that they are quite adamant that they are not due compensation. Or is this just a bluff to deter me contacting CEDR? Do you think it is worth pursuing? From memory I think it costs money to esculate

Thanks Again for advice

Hi All,

Just an update.. went to CEDR, they accepted my case and gave Thomas Cook 15days to respond.. today was the deadline... Thomas Cook came back and offered me full compensation for all 5 of us!! Result. This was despite their response above and that I couldn't prove that we were delayed over 3hrs, I just stated that wheels had touched down in Gatwick at 2hrs 56 mins late and that it seemed unfeasible that we would have been able to slow down, taxi, park up, attach the passenger bridge and open the doors in 4 minutes.

Thanks for all your advice guys!

Result!

jpsartre · 9 March 2018 at 5:16PM

tripletmom wrote: »

I just stated that wheels had touched down in Gatwick at 2hrs 56 mins late and that it seemed unfeasible that we would have been able to slow down, taxi, park up, attach the passenger bridge and open the doors in 4 minutes.

Good to see that common sense prevailed.

legal_magpie · 9 March 2018 at 6:52PM

jpsartre wrote: »

Good to see that common sense prevailed.

I always said that there is a first time for everything

Flight delay and cancellation compensation, Thomas Cook ONLY

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