Flight delay and cancellation compensation, Thomas Cook ONLY
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They owe you compensation send a notice before action give them 14 days and if they don't pay sue them.0
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Exactly. The regulation concerns a fee paid. It has nothing to do with a seat.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.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Hi all, my first posting on MSE!
Hoping to get some assistance please. Our flight from Manchester to Paphos on 28 April was delayed by over 5hours. The first issue was a fault with the smoke detector leading to a delay of over two hours. No vouchers / food or drink given.
After that was fixed, as the flight was about to leave there was a medical emergency and we had to go back to the terminal. There it was announced the crew could no longer take us as they would exceed their allotted hours. Clearly cutting it very fine after the initial fault and leaving no room for error!
TC rejected my delay claim due to ‘exceptional circumstances’ medical emergency. They have also rejected my claim that we weren’t given food etc which was entirely down to the initial fault with the plane.
It doesn’t seem that they have taken all elements into account for the delay. They’ve just relied on the medical issue. Had there not been an initial fault with the plane or the crew not having sufficient hours, the medical emergency would not have caused a 3hr delay on its own.
Has anyone had any luck with their claim on this flight? Is it worth a claim to CEDR? I see that CEDR charge if you are unsuccessful
Thank you all in advance for any advice.0 -
They have also rejected my claim that we weren’t given food etc which was entirely down to the initial fault with the plane.
Duty of Care is a right irrespective of the reason for the delay. If vouchers were not issued and you purchased food/drinks during the delay - send them the receipts for reimbursement under EU261 Duty of Care (if you didn't buy anything then there is nothing to be reimbursed)
EUclaim thinks you have a €400 claim, put your flight into Bottonline and see what it says then look for Vaubans Guide (google)0 -
Am hoping I could get some guidance from you. We travelled on MT125 from Antalya to London Gatwick in the early hours of 18 July. It was due to take off at 02:05 and arrive at 04:35. In reality, it took off at c. 05:30 and arrived c. 07:50 so the overall delay was over 3 hours.
I've asked Thomas Cook for compensation using their online form but this has been rejected due to the cause of the delay being a "Disruptive Passenger". However we are aware from a conversation with one of the flight crew that the initial reason for the delay was scheduled maintenance that was carried out late. Subsequently, there was an issue with a passenger on the flight (possibly with an acute fear of flying) which I won't go into on here.
Arguably the second issue was caused by the first but I'm unsure as to what to do next. Do I go back to Thomas Cook and challenge the reason given - after all it's not wholly correct. Do I appeal to CEDR, the adjudicator for Thomas Cook? Do I pass it over to a decent firm such as Bott & Co and accept that I'll need to give up some of the compensation due to get the right outcome? Or, am I being unreasonable in trying to pursue this now and should I just let things go. Any thoughts and guidance gratefully received. Many Thanks0 -
Am hoping I could get some guidance from you. We travelled on MT125 from Antalya to London Gatwick in the early hours of 18 July. It was due to take off at 02:05 and arrive at 04:35. In reality, it took off at c. 05:30 and arrived c. 07:50 so the overall delay was over 3 hours.
I've asked Thomas Cook for compensation using their online form but this has been rejected due to the cause of the delay being a "Disruptive Passenger". However we are aware from a conversation with one of the flight crew that the initial reason for the delay was scheduled maintenance that was carried out late. Subsequently, there was an issue with a passenger on the flight (possibly with an acute fear of flying) which I won't go into on here.
Arguably the second issue was caused by the first but I'm unsure as to what to do next. Do I go back to Thomas Cook and challenge the reason given - after all it's not wholly correct. Do I appeal to CEDR, the adjudicator for Thomas Cook? Do I pass it over to a decent firm such as Bott & Co and accept that I'll need to give up some of the compensation due to get the right outcome? Or, am I being unreasonable in trying to pursue this now and should I just let things go. Any thoughts and guidance gratefully received. Many Thanks
According to FlightRadar24 your flight departed at 05.59 local time, (scheduled 02.05) and arrived at 08.00 BST (scheduled 04.35). I can’t see the aircraft divert, so I can’t see how a disruptive passenger delayed the flight. Furthermore, the preceding flight that the aircraft operated departed LGW 4.5 hours late and didn’t arrive at AYT until 04.39! That supports what you know about there being a technical issue. Your delay was obviously a knock-on. You have a fairly robust argument so I would escalate to CEDR. Then, if you get no joy, issue an NBA. After that you can make the decision whether to instruct a firm such as Bott’s or to DIY it.
By the way, the aircraft you flew on operated one more flight after yours (same day) to Mallorca but hasn’t flown since, which is very odd.0 -
According to FlightRadar24 your flight departed at 05.59 local time, (scheduled 02.05) and arrived at 08.00 BST (scheduled 04.35). I can!!!8217;t see the aircraft divert, so I can!!!8217;t see how a disruptive passenger delayed the flight. Furthermore, the preceding flight that the aircraft operated departed LGW 4.5 hours late and didn!!!8217;t arrive at AYT until 04.39! That supports what you know about there being a technical issue. Your delay was obviously a knock-on. You have a fairly robust argument so I would escalate to CEDR. Then, if you get no joy, issue an NBA. After that you can make the decision whether to instruct a firm such as Bott!!!8217;s or to DIY it.
By the way, the aircraft you flew on operated one more flight after yours (same day) to Mallorca but hasn!!!8217;t flown since, which is very odd.
Thanks Pombear. The passenger itself we think was someone who had an acute fear of flying and decided to leave the plane shortly before take-off - shortly followed by his OH and with their children left on the plane! It's an unusual one, hence my question as to whether we were being unreasonable in pursuing the claim.
Very interesting re. your point re. the aircraft we flew on having only operated one more flight after yours. The fact it's not flown since does seem to support the fact that there was more of an issue with the plane than Thomas Cook are admitting to - perhaps I should mention this in my follow-up email to them?
Thanks again - your response was exactly the motivation I need to take this forward.0 -
I think the main problem with your flight was whatever happened to the outbound segment - LGW to AYT. This was due to return you. That, in itself, landed at 04.39 (scheduled 01.05), or 3.5 hours late. Your flight took off 1 hour 20 minutes later. That’s a slightly delayed turn-around, but I actually think the passenger with the fear of flying is irrelevant. I suspect your delay (had that not happened) would have been more than three hours anyway. The cause is the technical fault on the preceding flight. I think that is what you need to argue to CEDR. I would’t bother getting into letter ping pong with Thomas Cook.0
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And I wouldn't mention the passenger issue. Hammer home the fact the the whole cause of the delay was the technical issue on the previous leg.
The plane not operating could be numerous factors. It maybe in for a routine service. If it's a smaller plane like an old 737 it may be laid off during busy summer with a larger aircraft. It may not be in the airline fleet anymore/lease expired? Pombear, which aircraft was it?
TC have had engine issues with at least one of their aircraft for a number of years, not sure if they still use that aircraft?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
And I wouldn't mention the passenger issue. Hammer home the fact the the whole cause of the delay was the technical issue on the previous leg.
The plane not operating could be numerous factors. It maybe in for a routine service. If it's a smaller plane like an old 737 it may be laid off during busy summer with a larger aircraft. It may not be in the airline fleet anymore/lease expired? Pombear, which aircraft was it?
TC have had engine issues with at least one of their aircraft for a number of years, not sure if they still use that aircraft?
Thanks JPears. Just to clarify, the passenger issue was actually on the previous leg as opposed to the flight I was actually on. So we don't really know what element of the delay on the flight from LGW to Antalya was attributable to the technical issue and/or whatever took place with the "disruptive passenger"0
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