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    • boxrick
    • By boxrick 4th Jul 18, 10:24 AM
    • 138 Posts
    • 31 Thanks
    boxrick
    My flight departure was delayed by around 5 hours for my holiday to the US with Thomas Cook. We landed and the doors opened at approximately 00:55 which is just over 3 hours after the scheduled arrival, I do not have picture proof of this.

    I emailed to claim compensation expecting it to be fairly easy and just had this response:

    'Thanks for getting in touch with us about your flight.

    I'm sorry you were delayed. I know how frustrating it can be. We work hard to make sure delays and the disruption they cause are kept to a minimum.

    We've investigated the reason for your delay and can confirm that your flight was delayed on arrival for less than three hours which means that under EU Regulation 261/2004 compensation wouldn't be paid.

    This is based on your Scheduled Time of Arrival of 21:50 (UTC) and Actual Time of Arrival at 00:46 (UTC).

    I'm really sorry your flight was delayed. We're looking forward to welcoming you back on board again soon.'

    So they are effectively saying they arrived 4 minutes before, but this doesn't include the time it has taken to get the doors open. Is there any way to fight this, I have responded saying the doors were not open till after 3 hour mark. But I could do with some advice how to proceed.

    Thanks
    Originally posted by boxrick
    Bott thinks I have a claim. The flight radar information isn't really very clear.

    Flight radar 1


    Flight radar 2
    • PomBear
    • By PomBear 4th Jul 18, 11:13 AM
    • 107 Posts
    • 21 Thanks
    PomBear
    Looking at FR24 in playback, it appears the plane landed at 00.33 UTC. It stops transponding 16 minutes later at 00.49 (I suspect the 00.46 they have quoted to you is the gate time). It is possible the doors were opened just in time. This is really close.

    I am wondering, but other posters here may be able to offer better advice, whether it is worth issuing an NBA - it would be for them to prove that the first door was opened at under the three hour mark? Either way, itís going to be incredibly difficult to get that information out of them.
    • Cunny666666
    • By Cunny666666 4th Jul 18, 12:27 PM
    • 3 Posts
    • 1 Thanks
    Cunny666666
    MT308 Manchester to Antalya
    Hi Pom, Thanks for that, it definitely didnt take 1 minute to open the doors.
    The delay was due to another Thomas Cook plane in Antalya needed parts so they held our flight at Manchester whilst the parts came from Dusseldorf.
    Obviously someone had done the logistics and figured it would cost them less to hold our flight than pay for an empty plane to go from dusseldorf to Antalya.

    The Bott Website states i should have a claim, would rather get the money myself than having to give 25% of it away.


    Thanks Again
    • PomBear
    • By PomBear 4th Jul 18, 12:57 PM
    • 107 Posts
    • 21 Thanks
    PomBear
    Cunny - not sure whether other posters would agree, but what about writing back to TC issuing an NBA?

    You could state that they have denied your claim based on the landing time of the aircraft and not its arrival time, which is the point the first aircraft door is opened. Quote the relevant binding case law - see Vaubanís superb guide.

    It might not work, but for the cost of a stamp and a few minutes of your time, it is worth a shot.
    • Justice13075
    • By Justice13075 4th Jul 18, 1:09 PM
    • 1,237 Posts
    • 480 Thanks
    Justice13075
    I would do as PomBear suggests. If they refuse your claim you can either do it yourself and take them to court or at that point think 70% of compensation you would get through bott is better than having to do this yourself, so send the Notice before action and see what happens.
    • Nickwalton
    • By Nickwalton 4th Jul 18, 4:55 PM
    • 1 Posts
    • 0 Thanks
    Nickwalton
    Missed flight due to ďadmin errorĒ
    My wife and I were travelling to Egypt for two weeks for our 30th anniversary.

    I upgraded us to economy plus a week before we flew and chose our seats.

    When we got to Gatwick we were told we were not booked on the flight.

    It turned out an admin error at Thomas Cook had meant we were booked on the flight the day before.

    They did nothing for us but our travel agent got us on an easyJet flight the following day.

    We had to pay for a hotel and three meals that we would not have incurred otherwise.

    All we have received so far is a refund on the basic flight out.

    Any ideas what we should be expecting from this?
    • Caz3121
    • By Caz3121 4th Jul 18, 5:14 PM
    • 11,316 Posts
    • 7,422 Thanks
    Caz3121
    nothing under EU261 that I can see. I would look for the Thomas Cook complaints process and follow up that way for the hotel/meals
    • JPears
    • By JPears 4th Jul 18, 5:14 PM
    • 3,848 Posts
    • 1,060 Thanks
    JPears
    It depends if the airline or the travel agent or you made the error. Either way kindly repost on the TC thread Creating your new personal thread clutters up the board badly making it difficult for all to navigate, search or answer. Thanks
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 4th Jul 18, 8:00 PM
    • 1,494 Posts
    • 667 Thanks
    Tyzap
    nothing under EU261 that I can see. I would look for the Thomas Cook complaints process and follow up that way for the hotel/meals
    Originally posted by Caz3121
    If it was an admin error by TC, as the op says, then it would be Involuntary Denied Boarding, to which there is no defence from the airlines point of view.

    In that case compensation would be due.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 4th Jul 18, 9:29 PM
    • 3,848 Posts
    • 1,060 Thanks
    JPears
    Now on correct thread - great!
    My thoughts, if OP upgraded and chose seats, presumably that's an online check in/boarding cards sorted (not sure what TC check in timeline is) then OP has confirmed ticket.
    Turns up, TC have made error. Denied boarding, no defence.
    So compensation, additional costs of re-routed, hotel food drink (non alcohol) all to be paid by TC.
    DO NOT CLAIM REFUND or you will lose legal rights to the above.
    Airlines are complete shisters for pushing the refund, knowing that it absolves them of any further costs/expenses.
    Last edited by JPears; 04-07-2018 at 9:33 PM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • MANDY 68
    • By MANDY 68 5th Jul 18, 2:42 PM
    • 6 Posts
    • 5 Thanks
    MANDY 68
    Mt308
    I too was on that flight and fighting this with thomas cook too
    • MANDY 68
    • By MANDY 68 5th Jul 18, 2:48 PM
    • 6 Posts
    • 5 Thanks
    MANDY 68
    Cunny666666
    Mt308 I was on that flight to antalya keep me informed of how you get on
    • Tyzap
    • By Tyzap 5th Jul 18, 2:54 PM
    • 1,494 Posts
    • 667 Thanks
    Tyzap
    Mt308 I was on that flight to antalya keep me informed of how you get on
    Originally posted by MANDY 68
    Hi Mandy,

    What were you told about the delay?

    Keep an eye on this thread to follow any updates.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Tyzap
    • By Tyzap 5th Jul 18, 3:06 PM
    • 1,494 Posts
    • 667 Thanks
    Tyzap
    https://www.independent.co.uk/travel/news-and-advice/thomas-cook-passengers-plane-zante-stansted-air-conditioning-heat-sickness-a8426371.html
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • MANDY 68
    • By MANDY 68 5th Jul 18, 5:12 PM
    • 6 Posts
    • 5 Thanks
    MANDY 68
    Hi Mandy,

    What were you told about the delay?

    Keep an eye on this thread to follow any updates.

    Good luck.
    Originally posted by Tyzap
    The delay was due to parts from Germany , am still awaiting reply from thomas cook but aren't holding any hope as cunny666666 has had a reply, will probably receive the same generic letter....we did not get off that plane till after 3am ...will keep viewing, bott online also said was entitled to compensation
    • Tyzap
    • By Tyzap 5th Jul 18, 5:28 PM
    • 1,494 Posts
    • 667 Thanks
    Tyzap
    The delay was due to parts from Germany , am still awaiting reply from thomas cook but aren't holding any hope as cunny666666 has had a reply, will probably receive the same generic letter....we did not get off that plane till after 3am ...will keep viewing, bott online also said was entitled to compensation
    Originally posted by MANDY 68
    Hi Mandy and Cunny,

    PomBear has pretty much summed this up and Botts flight delay calculator has pretty much confirmed that it is a valid claim.

    Prior to issuing an LBA I would write back to the airline specifically requesting the 1st door opening time, not the landing time or the brakes on time etc. Be very specific with your question and suggest this is a right under the EU261 regulations.

    If that fails issue an LBA and sue them. Plenty of help here too.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • MANDY 68
    • By MANDY 68 5th Jul 18, 5:50 PM
    • 6 Posts
    • 5 Thanks
    MANDY 68
    Hi Mandy and Cunny,

    PomBear has pretty much summed this up and Botts flight delay calculator has pretty much confirmed that it is a valid claim.

    Prior to issuing an LBA I would write back to the airline specifically requesting the 1st door opening time, not the landing time or the brakes on time etc. Be very specific with your question and suggest this is a right under the EU261 regulations.

    If that fails issue an LBA and sue them. Plenty of help here too.

    Good luck.
    Originally posted by Tyzap
    Will definately be doing it, and will keep updated
    • Cunny666666
    • By Cunny666666 6th Jul 18, 11:38 AM
    • 3 Posts
    • 1 Thanks
    Cunny666666
    MT308 Manchester to Antalya
    Will definately be doing it, and will keep updated
    Originally posted by MANDY 68
    Same here, thanks for all the help guys, responded to their email. stating that the doors were not open until well after 3 am and could they provide proof.

    Mandy, was definitely an interesting flight with the young lad before boarding getting told he couldnt fly and then the guy on board who wouldnt sit down why we were landing.
    • RPWJ
    • By RPWJ 6th Jul 18, 12:16 PM
    • 3 Posts
    • 0 Thanks
    RPWJ
    I was delayed from Sanford to Glasgow July 2013. Can anybody tell me how I find out my flight number?
    • Justice13075
    • By Justice13075 6th Jul 18, 12:25 PM
    • 1,237 Posts
    • 480 Thanks
    Justice13075
    it would help if you had the day and was it a Thomas cook livered plane? Also, was it delayed or cancelled? how long after your original arrival at Glasgow did you arrive
    Last edited by Justice13075; 06-07-2018 at 12:28 PM.
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