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Delayed Flight with Thomas Cook

Manchester...
posts: 6
reviews: 6
Delayed Flight with Thomas Cook

Hi, last year Thomas Cook delayed our flight to Tenerife by nearly 7 hours and did not give us an explanation why. I have written to the to request compensation for the delay and they are sticking to their guns that they have done nothing wrong. I wrote to the CAA and they said "it appears your flight falls within the scope of regulation EC261/2004 and recent EU case Law. As you may be aware, compensation is subject to whether the reason for the disruption was within the airline's control, known as "extraordinary circumstances". Does anyone know what extraordinary circumstances are?

Also, I received an email from Thomas Cook "On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding the delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question".

Anyone....is it worth me issuing proceedings against them or not?

116 replies to this topic
Chester, United...
posts: 50,159
reviews: 53
1. Re: Delayed Flight with Thomas Cook

Have you made a complaint to the CAA???

The extraordinary circumstances are listed on their website

www.caa.co.uk/default.aspx…

wirral
posts: 16,048
reviews: 76
2. Re: Delayed Flight with Thomas Cook

Forget about it. Move on.

Whilst I know airlines do mess us around (but not usually without justifiable cause) I do not support the whiff of compo some opportunists sniff.

UK
posts: 43,536
reviews: 89
3. Re: Delayed Flight with Thomas Cook

Whilst I know airlines do mess us around (but not usually without justifiable cause)

=======

Rubbish. Most airlines, but especially the likes of TC, have a documented record of claiming that pretty much every single case is an "extraordinary occurrence"

Like so many of these cases, seems you'll have to take it to court.

Watford, United...
posts: 4,201
reviews: 12
4. Re: Delayed Flight with Thomas Cook

It is up to you. There will be people on here saying you should definitely go for it or others like WS who tell you to give it up.

You may be entitled to compensation by law and it is your right to go for it if you wish. You may have to threaten or even take it to small claims court to force a judgment though.

Manchester...
posts: 6
reviews: 6
5. Re: Delayed Flight with Thomas Cook

Hi, thanks for that. Yes it was the CAA who referred me back to the Airline who said what I put in my original post. I have checked the CAA website and I cannot seem to find a list of extraordinary circumstances. I don't want to issue proceedings and waste money if they will just laugh me out of Court!

Chester, United...
posts: 50,159
reviews: 53
6. Re: Delayed Flight with Thomas Cook

"Forget about it. Move on"

Is this forum not about helping people and IMHO that statement does not

"Whilst I know airlines do mess us around (but not usually without justifiable cause) I do not support the whiff of compo some opportunists sniff"

I was recently turned down by TC for exactly the same reasons as Emma and within a week they reversed that opinion and are now in the process of paying compensation

Edited: 8:15 am, July 23, 2013
Chester, United...
posts: 50,159
reviews: 53
7. Re: Delayed Flight with Thomas Cook

Emma

See link below to the section on extraordinary circumstances

www.caa.co.uk/default.aspx…

I cannot quite understand why the CAA would refer you back to TC. When you contacted the CAA had you not already contacted TC

When contacted Trading Standards for advice they suggested that I exhaust all possible actions through the laid down legislation before taking it to the small claims court. They also said if the CAA after investigation of your complaint said you did not qualify under EC261 they would not suggest you take it to court but rather just claim what you can on your travel insurance

If however the CAA said your were eligible and TC still did not play ball which they can do as a CAA decision to pay is not legally binding you could take it to court

I hope that helps

Edited: 8:21 am, July 23, 2013
8. Re: Delayed Flight with Thomas Cook

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Edinburgh, United...
posts: 8,372
reviews: 15
9. Re: Delayed Flight with Thomas Cook

"Why isn't it helpful?"

Because the OP is very likely entitled to compensation,

Leeds, United...
Destination Expert
for Leeds, Bradford
posts: 8,538
reviews: 130
10. Re: Delayed Flight with Thomas Cook

I'm not saying the OP isn't entitled Lex. And as you say they are 'very likely' entitled which isn't a definite. I also can't see anywhere in this post the reason for the delay either.

Also the OP has said in post #5 they don't really want to go to court.

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