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    • Chas
    • By Chas 12th Mar 18, 9:55 PM
    • 1,608 Posts
    • 3,366 Thanks
    Chas
    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    Bott & Co agreed to take the case but have now advised that they will no longer represent on a no win, no fee basis as they are confident that TC will win.
    There are three types of people in this world - those who can count and those who can't.
    • Tyzap
    • By Tyzap 13th Mar 18, 12:03 AM
    • 1,379 Posts
    • 637 Thanks
    Tyzap
    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.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 13th Mar 18, 8:20 AM
    • 3,159 Posts
    • 2,079 Thanks
    jpsartre
    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.
    Originally posted by Tyzap
    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
    • By Chas 15th Mar 18, 9:36 PM
    • 1,608 Posts
    • 3,366 Thanks
    Chas
    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.
    Originally posted by Tyzap
    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?
    There are three types of people in this world - those who can count and those who can't.
    • Justice13075
    • By Justice13075 15th Mar 18, 9:43 PM
    • 1,124 Posts
    • 459 Thanks
    Justice13075
    Money Claim online Basically you sue them through the small claims court. Just google for help
    • legal magpie
    • By legal magpie 15th Mar 18, 11:12 PM
    • 868 Posts
    • 382 Thanks
    legal magpie
    Before you start court proceedings download and read Vauban's guide. Just Google it and you'll find it.
    • Hetheron
    • By Hetheron 19th Mar 18, 11:22 AM
    • 4 Posts
    • 0 Thanks
    Hetheron
    2018 update
    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 ?
    • legal magpie
    • By legal magpie 19th Mar 18, 3:55 PM
    • 868 Posts
    • 382 Thanks
    legal magpie
    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
    • By StuFromNTU 20th Mar 18, 8:58 PM
    • 14 Posts
    • 0 Thanks
    StuFromNTU
    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
    • By NoviceAngel 20th Mar 18, 9:19 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel

    ..........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
    Originally posted by StuFromNTU
    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
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • StuFromNTU
    • By StuFromNTU 20th Mar 18, 9:24 PM
    • 14 Posts
    • 0 Thanks
    StuFromNTU
    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
    Originally posted by NoviceAngel
    Appreciate the swift response. Thank you
    • NoviceAngel
    • By NoviceAngel 20th Mar 18, 10:10 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    No problem. I know thats not the answer you were hoping for. I know it sounds unbelievable but as long as the airline gives you just 14 days notice they get away with the cancellation without penalty.

    Sorry I couldnt give you better news
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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    • JPears
    • By JPears 20th Mar 18, 10:13 PM
    • 3,675 Posts
    • 1,023 Thanks
    JPears
    Too late now but under 261/2004, you are entitled to re-routing at your convenience, even with another airline. This is not subject to the 14 day notice for compensation.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • NoviceAngel
    • By NoviceAngel 20th Mar 18, 10:22 PM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    Too late now but under 261/2004, you are entitled to re-routing at your convenience, even with another airline. This is not subject to the 14 day notice for compensation.
    Originally posted by JPears
    Interesting, Are you saying that the OP would have been eligible for free re-routing even though the airline gave ample notice of cancellation?

    If so, whats the amount of notice the airline needs to give to avoid paying for rerouting?
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • JPears
    • By JPears 21st Mar 18, 8:47 AM
    • 3,675 Posts
    • 1,023 Thanks
    JPears
    Its all in article 8 of 261/2004.
    No amount of notice.
    The compensation under article 7 is the only item that is applicable with less than 14 days notice.

    Article 8
    Right to reimbursement or re-routing
    1. Where reference is made to this Article, passengers shall be offered the choice between:
    (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
    - a return flight to the first point of departure, at the earliest opportunity;
    (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
    (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • NoviceAngel
    • By NoviceAngel 21st Mar 18, 8:52 AM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    Hehe thanks for that, I just wonder what Ryanair would say to that lol
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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    • JPears
    • By JPears 21st Mar 18, 9:02 AM
    • 3,675 Posts
    • 1,023 Thanks
    JPears
    I became aware of the subtleties of the regulation as a result of the Ryanair crew shortage fiasco last year.
    So Ryanair are well aware of it, especially after the CAA EVENTUALLY got round to advising them of their obligations.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Humper1234
    • By Humper1234 29th Mar 18, 7:07 AM
    • 1 Posts
    • 0 Thanks
    Humper1234
    Delayed flight so had to take extra days holiday
    Hi just recently flight got cancelled from Bristol to take us home from Lanzarote
    Went to the airport last day of holiday even though we knew the plane hadn't taken off from Bristol only to be stuck there with no information and given a 7 euro card to buy food and drink. Finally after 3 and half hours were told to go back to gate to collect luggage and would be taken to another hotel. Fair enough they had got us a room and we were told all food and drinks would be supplied. Also told to go to foyer at 8 pm to be given more info When we got to the hotel we were told drinks only with our meals. 8pm came no rep 15 minutes later the receptionist called someone and advised us coach would be there at 7am. We got up at 6am went to reception and were met with further note to say coach now at 10am. I had to take an additional days holiday or not get paid so that was what I did. I have complained to Thomas cook and all they have said is it was extreme weather and nothing they could do but the annoying thing is that they flew our plane to lanzarote which landed there at 7.30 local time. Can I claim compensation for my extra day that I took off as holiday as if so I'll take it unpaid in work
    • NoviceAngel
    • By NoviceAngel 29th Mar 18, 7:16 AM
    • 2,034 Posts
    • 608 Thanks
    NoviceAngel
    Well you cant claim compensation for loss of earnings but you can claim compensation under EC261/2004 for a flight delay IF weather did not directly effect YOUR flight.

    Start by reading Vaubans guide and putting your flight details through EUClaim and Botts flight delay calculator. Thats a quick way of telling if you might have a valid claim, if you think you do issue the NBA then decide on the DIY route or NWNF.

    Good luck

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • adonis10
    • By adonis10 11th Apr 18, 9:42 AM
    • 1,550 Posts
    • 201 Thanks
    adonis10
    I have recently been awarded compensation for a delayed flight from LGW to Larnaca back in Aug 2012 and want to ensure that the reply and voucher is genuine. I submitted a claim on Friday 6th and by Saturday 7th it had been resolved and a voucher for £900 issued. This seems far too quick for my liking and I would have expected TC to at least try to get out of settling.


    What is the best way to check whether it is genuine or a scam?
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