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oldagecruiser

Delayed flight TOM 116 to Barbados on 4 March 2016

13 posts in this topic

Help please. Anyone on this flight who suffered the 6 hours plus sitting in the aircraft before being unloaded and all the ensuing chaos.

How do I claim compensation and from who, P&O or Thomson. Thomson claim it was adverse weather conditions but these only seemed to affect our plane as others were landing and taking off,and the flight scheduled to leave one hour after us went approx 7 hours late whilst we were collecting our luggage. Any help or advice would be greatly appreciated.

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Related to this topic, I was on the Thomas Cook flight TCX 254 to Barbados to join the Adonia on the same day and noted the same problems and that other aircraft were taking off whilst we were abandoned by the one and only de-icer. I have sent my claim to Thomas Cook using the Resolver system from Money Saving Expert and seek any other comments from affected parties.

 

Dear Sir or Madam,

I am writing regarding a delayed Thomas Cook Airlines flight.

The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight. The details are as follows:

Booking reference or other flight details: MT254

Existing complaint reference:

Date of flight: March 4th, 2016

Departure airport:Manchester

Arrival airport:Barbados

Scheduled departure time: 0935 GMT 4th March 2016

Scheduled arrival time: 1835 GMT 4th March 2016

 

Actual arrival time: 1640 GMT 5th March 2016

Total time arrival delayed by: 22:05 hours

Total number of passengers on the booking:2

Other passengers’ names (if claiming for others as well): A N Other

Based on the length of the delay and the scheduled flight length, I am therefore seeking the fixed compensation as specified in EC 261/2004.

Additional refund or compensation sought: I believe that both me and my wife are entitled to fixed compensation of £470 each under EU rule 261/2004 as the explanation that the weather conditions were poor on the insurance claim form provided by Thomas Cook is complete rubbish as planes were seen taking off whilst our plane stood on the airport apron, with us inside, for 6:30 hours.

I put the problem down to either Thomas Cook not insisting that the SINGLE deicer available at the airport worked on the plane or that the airport are incompetent in not having more than a single de-icer which ran out of fluid after only one wing of our plane had been treated, and was never seen again. The attempt to de-ice the plane is further evidence that the weather was not the issue but was down to mismanagement by either Thomas Cook or the airport authorities

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Yours faithfully

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Thanks for your help Redpeter.

Another point to consider is the incompetence of Thomson Airways in not realising that the aircrew were in danger of running out of service hours. We had said this was a possibility after being on the plane for about 3 hours. They should have realised this as professionals and got another crew ready to take over.

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Related to this topic we arrived at Heathrow on 19 February this year for our Thai Airways flight to Bangkok and on to Mandalay.

 

At check-in we were informed the flight was delayed 4 hours but no problem, they would accept our check-in luggage immediately.

 

They issued our boarding passes and two £30.00 vouchers for food which, once airside,  we converted to 2 Club Sandwiches and 2 bottles of Sauvignon Blanc.

 

We went very merrily on our way and still made our connecting flight at Bangkok with less than an hour to spare. 

 

It was a nice surprise to see our luggage come whizzing out on the mandalay carousel as well, they were tagged to go straight through.

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Probably working on a shoestring oldagecruiser so they wouldnt have a spare crew to take over, I believe that you need to apply direct via the airline for any refund as there is a set procedure now in place that they all have to work too

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De-icing a plane is time consuming, and it is not realistic to expect airports to have the de-icing crews hanging around doing nothing for most, if not all of the year. I know that Manchester Airport only have two tenders, and even if there is only a smattering of snow they have to de-ice, so passengers caught in this situation are unlucky but no one is really at fault.

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I agree with you Wheels. That's nature for you and I'm sure no one would ever want to see a plane crash due to an iced plane so better safe than sorry

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Hi

 

I was on the same flight.  If you have tried to claim through Thomson I am sure you will have now received a response telling you it was extreme weather so you can not claim - if anything like the response I got, I was really shocked how mechanical it was and the words 'Sorry were no where to be seen.

 

PLEASE NOTE: That it is the responsibility of the airline for the de-icers and not the airport as they claimed.  Also the airport was declared fully operational - so basically on the plane they were giving us a load of flannel!!

 

You can up your claim via the following link - Website: www.cedr.com/aviation  This will only cost you £25.00 and that is only if you lose completely - by the way this is not a 'no win no fee' company.  This is linked to the CAA.

 

Copy of email I received from them: -

 

Thank you for your complaint regarding Thomson Airways.

You may be aware of the Alternative Dispute Resolution (ADR) directive. We are pleased to advise Thomson Airways are signed up to an independent ADR provider approved by the CAA; the Centre of Effective Dispute Resolution (CEDR).

Although you do not have to use ADR / CEDR we recommend that you do because it will ensure you get a legally binding outcome to your complaint, which we cannot provide.

The ADR outcome will only be legally binding if you agree with it – if not then you are free to take court action. Any fee charged to you to use the ADR process will be refunded in full unless CEDR determines that your complaint had no merit at all.

The contact details for logging your complaint with CEDR are:

Centre of Effective Dispute Resolution (CEDR)
International Dispute Resolution Centre
70 Fleet Street
London
EC4Y 1EU


Telephone: +44 (0)20 7536 6099

Email:aviation@cedr.com

Website: www.cedr.com/aviation

 

Good Luck :)

 

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I have had similar replies from Thomson (who by the way took some months to reply) about "extreme weather conditions". I think they use a different Oxford English dictionary than mine. There was about one inch of snow at Manchester Airport and it had stopped snowing about 3 hours before we we 'ejected' from the plane. I also wrote to P&O and did get the word 'sorry' in their reply and was told they would be holding an internal enquiry which would not have taken long as they had no one there there to see what really happened and they have not had the courtesy to let me know what was the outcome of that enquiry.

I hpoe they get their act together, and tell their sub-contractors (Thomson) to get their's together too, for next March when I will be risking another flight from Manchester with them

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We are claiming against Thomson for a delayed flight out of Salou in September.

 

We are using flighright to claim for this.

 

We were in the airport all day - 

 

Needless to say Thomson are not responding to any correspondence! 

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