Flight delay and cancellation compensation, Thomas Cook ONLY

Tyzap · 25 July 2018 at 10:48PM

Well done sunbedchrissie:beer:

Can you give details of the CEDR findings please? did they state why they found in your favour?

Nice to know what and how they think for the benefit of others.

Many thanks for posting.

Ross39 · 27 July 2018 at 8:37AM

Nokor wrote: »

Hi,

Grateful for some advice before I claim. We were on MT2818 on 30th June which was delayed due to technical issues with the plane - part needing to be replaced which was not at Gatwick, followed by issues with flight safety checks. We ended up leaving nearly 6 hours late, and finally arrived 4 hours and 42 minutes late - That should be fine and makes us eligible for the full amount.

The TC form mentions the Lead Passenger Name (i.e. myself), but doesn't have any other info box for other passengers.There were 4 of us total booked into the package, and i am aware that this compensation is per passenger; the form itself isn't terribly clear and looks quite deceptive.

Will the form take into account all passengers in that same claim, provided i give all the evidence I have? I just want to check that the claim and compensation will be done as a package and I receive the full amount for all 4 rather then being fobbed off with a 'single' £530 payment for the party.

Secondly; stupidly, I have no idea why we didn't keep the boarding passes for that outbound flight, but as I have all other information (Holiday confirmation, flight extras booking, car hire rental after the flight, etc.), is this likely to cause an issue?

Thanks for the help.
Lewis

I was also on this flight.

I put the claim in through the thomas cook website, however i done it while we were sat on the runway in orlando.

My party consisted of myself (lead passenger) my wife and daughter (who never had a seat).

I finally recieved confimration from thomas cook today that i am being given £1060 for myself and myself. So its taken them 3 1/2 weeks to 'investigate' and decide to pay out.

I was never asked for my boarding pass, only my booking reference and flight number.

JPears · 27 July 2018 at 8:48AM

Well done.
Just 2 passengers paid out? Did you pay anythng for your daughter (even though she didn't have a seat) - even a small admin charge?
If so then she is also due compensation.

Ross39 · 27 July 2018 at 9:35AM

Yes, i did pay a charge for her.
Where can i find the correct wording to go back to TC with?

Their email stated -

Following our conversations we've now completed our investigations.
We're really sorry about the issues you had during your stay with us. I want to confirm that we've agreed and you've accepted (on behalf of you and your party) a BACS payment as full and final settlement for the feedback you gave us.

Ross39 · 27 July 2018 at 9:51AM

Ive sent them a message regarding it. Ive also put in a complaint on about that flight as it turns out my daughter wasnr given the correct the safety equipment for the flight.

She was on my lap, and shared my belt. It wasnt until the return flight when the steward came to us with a 2nd belt and lifevest that we found out what we didnt have on the outbound flight. The steward then told us that checking infants on laps belt check is part of the safety checks, before takeoff and landing. So the outbound crew failed twice on their saftey checks! And when i told him which crew it was, he 'wasnt suprised'!

Ive mentioned this again in the message to hope it adds weight to the claim...

Justice13075 · 27 July 2018 at 9:58AM

I would also send a letter to the CAA pointing out the breach of safety regulations.

JPears · 27 July 2018 at 10:50AM

Ross39 wrote: »

Yes, i did pay a charge for her.
Where can i find the correct wording to go back to TC with?

Their email stated -

Article 3, paragraph 3. EU regulation 261/2004.

Essentially the law is that unless your flight was free or a fare not generally available to the public, compensation is due.
Interesting and disingenuous, that they put the "in full and final settlement" phrase in. Typical.

Ross39 · 28 July 2018 at 9:24PM

Thank you for confirming that for me, Ross. I've spoken with our customer relations team and can confirm that the compensation offered is correct under the EU Regulation 261/2004 law, this doesn't apply to infants without a seat but the team will look into your complaint about what happened onboard separately from the delay. They have a timescale of up to 28 days for complaints but will be in touch with you soon about this.

So I've replied back asking for a direct email for the customer relation where I'll get an answer, and i quoted the paragraph and again pointed out that my documents show i payed for an infants flight.

Justice13075 · 28 July 2018 at 9:42PM

They are wrong, I found this but I don't know the specific case
According to The Telegraph, a RyanAir flight back in 2015 was delayed nine hours and the carrier refused to issue the appropriate amount of EU261 compensation for a six-month-old lap infant. However, a ruling by a European court recently deemed that the airline is, in fact, responsible for compensating everyone who’s on a delayed flight, even lap infants not occupying a seat. In other words, babies are considered to be passengers on a flight and are entitled to receive the same compensation as their fellow adult travelers.

While RyanAir is certainly not thrilled with the outcome of the case, I wholeheartedly agree with Judge Pearce, who said the following during his ruling:

“Many passengers in many situations (for example, on buses and trains) travel without having a seat. They are nonetheless passengers for that, and I can see no justification for restricting the meaning of the word in this one situation to exclude those without their own seat.”

Ross39 · 28 July 2018 at 9:46PM

It was liverpool county court in 2015 that the case went though. As much as its a court, being only a county court it doesnt hold much weight unfortunatly. That doesnt change how the regulation is written tho.

Flight delay and cancellation compensation, Thomas Cook ONLY

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