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Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

posts: 3
reviews: 2
Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

Hi

Was anyone on the above TC flight, which was delayed for over 8 hours and pursued a compensation claim for flight delay under the EC Regulation 261/2004?

Northampton, United...
posts: 94
reviews: 4
1. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

I have nothing to do with traveling on this flight, but looks like you might be entitled to £320 compensation per passenger.

I wouldn't worry about waiting for other passengers to make a claim, just go ahead a pursue a claim.

Below is a very handy link to Money Savings Expert website, that provides details on how to make a claim, but you should read the page through fully, as there are circumstances when you will not be entitled to claim.

moneysavingexpert.com/travel/flight-delays

wirral
posts: 15,687
reviews: 74
2. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

Just musing.If giles is correct and every passenger on that flight (let's guess 220 of them) claimed £320 that would cost TCA around £70,000 for just one delayed flight.And Thomas Cook are already on the financial brink....

posts: 3
reviews: 2
3. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

Thank you for the web link. I'm already seeking a compensation under EC Regulation 261/2004 for this delayed flight. (Before and also after 23rd October 2012)

Since then the airline still refuses to pay (EUR400) stating the 'specific circumstances surrounding the delay to your flight were of a technical nature, which were extraordinary".

TC has failed to prove what the "extraordinary circumstances" were and have not issued any copies of documentation and witness statement to evidence this.

European Court of Justice has ruled that mechanical problems with an aeroplane do not constitute "extraordinary circumstances".

The matter has been passed on to CAA & National Enforcement Body in Cyprus-Department of Civil Aviation. Awaiting a response from them.

I was therefore wondering whether anyone else tried to pursue a compensation claim for the above flight, too?

Northampton, United...
posts: 94
reviews: 4
4. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

Yep thats why airlines do everything in their powers to try and avoid paying up and fought so hard to fight this EU ruling...

This when you can and can't claim, according to the website I quoted previously.

Passengers can claim compensation of between €250 (£200) and €600 (£480) — see below for exactly how much — if all the following conditions are met:

The flight arrived at its destination three hours or more late.

The flight departed on 17 February 2005 or later.

The flight departed from an EU airport, regardless of the airline, OR was on an EU airline and landed at an EU airport.

The delay was the airline's fault, eg, the pilot being sick and not replaced, flight cancelled as underbooked.

This is in addition to food and other assistance if the departure was delayed by two hours or more.

When you CAN'T claim compensation under EU rules

To be entitled to compensation, the delay must have been the airline's fault and must fit into a number of other key categories. The list below highlights when you CAN'T claim compensation.

The flight arrived less than three hours late.

The flight departed before 17 February 2005.

The flight you were on departed from and landed at a non-EU airport, regardless of the airline, or you were coming from a non-EU country on a non-EU airline, regardless of where it lands.

The delay wasn't the airline's fault.

Where the delay is out of the airline's hands, then 'extraordinary circumstances' include:

Bad weather

Industrial action

Political problems

Security or safety issues. We asked the Civil Aviation Authority what counts as being the airline's fault under this category but it says each claim is handled on a case-by-case basis. It is worth claiming nonetheless, as you've little to lose.

Air traffic management decisions

It's a bit of a grey area as to what other situations and scenarios are covered. The only guidance we have is that an 'extraordinary circumstance' relates to anything outside of the airline's hands.

If you think this applies to you, make a claim. If the airline rejects it you're able to take your complaint to the Civil Aviation Authority, which looks at claims on a case-by-case basis.

London, United...
posts: 1
5. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

My family and i were also on this flight. i am about to start a compensation claim and would be interested if anyone had any advice or updates for current claims on this flight.

6. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

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7. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

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Chesterfield...
posts: 2
8. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

Hi all,

Just to let everybody know we have just recieved £1060.00 for a 9 hour delay incurred from hurghada egypt to manchester in january 2010, dont be fobbed off with excuses, just threaten the airline with taking the case to the c.a.a. sure you will get results.

posts: 3
reviews: 2
9. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

The Department of Civil Aviation in Cyprus finally concluded their investigation and as a result Thomas Cook agreed to pay the compensation (2 x EUR 400) under article 16 of Regulation (EC) 261/2004 for the above flight TCX1017. The payment has been received.

The whole process took nearly a year since my first letter to TC, as they refused to pay up on few previous occasions. Sadly to this date they have not disclosed the actual reason why the flight was delayed in a first place and I guess we will never know.

(In their previous statement TC stated that ‘the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite TC taking all reasonable precautions necessary to prevent the situation’)

The careless treatment we have received only make people more determined to get what they are entitled to.

10. Re: Thomas Cook Flight TCX1017 Larnaca - Gatwick - 15.08. 2012

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