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Original poster

Claiming compensation from delayed flight with Thomas cook

32 replies

Millionairerow · 19/10/2014 15:40

Anyone been successful? We were delayed 4 years ago. Worst flight ever with tied young children, arriving over 4 hours late. There was a technical fault ie inflatable landing gear opened spontaneously on flight coming in so needed part from mainland Greece (flying kefalonia to Newcastle). Any success stories and if so, how did you manage it?

OP posts:
ThinkIveBeenHacked · 19/10/2014 15:42

And would you say you are still traumatised or financially damaged now, some four years after the event?

Original poster
Millionairerow · 19/10/2014 15:44

Absolutely

OP posts:
Chopchopbusybusy · 19/10/2014 15:46

You were delayed for four hours four years ago? Really? I hope nothing truly traumatic ever happens to you.

YoungGirlGrowingOld · 19/10/2014 15:47

Is this a joke? What financial loss did you suffer and why have you not claimed before? What is your cause of action?

ThinkIveBeenHacked · 19/10/2014 15:49

Absoloutley

In what way?

TheFairyCaravan · 19/10/2014 15:50

How are you traumatised from a 4 hour delay 4 years ago?

We were delayed ages years ago at Palma Airport because they had a power cut. We had a 3 and 5 year old. We didn't suffer any trauma.

WD41 · 19/10/2014 15:50

Why have you waited 4 years? Have you only just recovered from the trauma?

ShatnersBassoon · 19/10/2014 15:55

I suspect there is a time limit to claim, and I imagine you will have passed the deadline. Have your symptoms only recently become apparent?

Floggingmolly · 19/10/2014 15:57

The statute of limitations is three years, iirc. Op, please don't embarrass yourself by even attempting this Hmm

youmakemydreams · 19/10/2014 15:59

Is there some big push on this because you are not the first person I've heard of recently claiming for delayed flights years ago.
I think it's ludicrous actually but yes I have heard of at least 4 people who have done this and got money. I also imagine knowing these people well that they will be the first to complain when next years holiday is far more expensive than this years because the price has gone up to accommodate all the people emotional scarred after a couple of bourse delay on their flight home from Tenerife in 1995 Hmm

RVPisnomore · 19/10/2014 16:15

Seriously OP, 4 hours is nothing in the grand scheme of things and if you were so bothered about it you should have done something at the time.

Bit hard up for cash are you and seeing this as way to pay for your next holiday or Xmas......

specialsubject · 19/10/2014 16:26

it came up on moneysaving expert recently.

genuine technical faults such as this are excluded as far as I know.

InfinitySeven · 19/10/2014 16:31

I believe you have six years to claim, but genuine fault issues are not covered, so all you'd get is a (possible) apology.

The legislation is for people who are delayed for no good reason.

There's also a landmark ruling on this coming up, so you'll find that most airlines are awaiting the result of that before processing claims.

Bearbehind · 19/10/2014 18:10

I have successfully claimed but I didn't really agree with doing it but knew my flight had paid out so thought I'd be daft not to.

The principle is that the delay has to be due to 'extraordinary circumstances' but the airlines will say that every delay was due to something slightly different to the last delay, thus making it 'extraordinary'

I was reading about it all on the MSE forum and it had a list of flights where successful claims had been made and it included a flight I'd been on.

Whilst in the long term I think it will just put up prices for all of us, I decided I'd be mad not to claim the £1,000 I was guaranteed as the precedent had been set by paying out on the flight but I certainly wouldn't try to prove my flight had been delayed due to 'extraordinary circumstances'

BalloonSlayer · 19/10/2014 18:16

You were delayed four years ago?

Have you only just got home or something?

ThinkIveBeenHacked · 19/10/2014 18:40

Balloon thatd be a hell.of a claim Grin Im imagining the Daily Fail sad faces right now.

Original poster
Millionairerow · 19/10/2014 21:22

The law is such that if you are delayed you are entitled to compensation. Why have I waited... It wasn't that well publicised when we flew and then I didn't think we still had the receipts. I had a 4 month old and a 2 year old. Then they put all the overtired kids together in the middle of the plane, all screaming heads off. Got lots of grumpy folks giving us daggers and some comments but not sure what they expected when kids were flying about 6 hours after their bedtime so yes it was stressful DH reminding me they had the part but no engineer to fix it so had to fly them from mainland Greece. Regardless of comments (thanks) but going to claim and the ruling was such that airlines couldn't claim technical fault as extraordinary circumstances. Thomas cook appealing a de ision to say cannot claim back more than 2 years which as been overruled once. Due to hear November. But seems national legislation applies. England is 6 years, Scotland is 5 years. But as I said, my one had success with Thomas cook airlines?

OP posts:
Bearbehind · 19/10/2014 21:43

Really OP, 4 years on is taking the piss- I realise that makes me a hyprocrite as I did claim but I read about it a few months after my flight, saw it had paid out and thought 'fuck it'

I can't imagine, 4 years after an event no more special than a tiring day with the kids, thinking, I know, I'll fight the airlines for a few hundred quid? Hmm

Original poster
Millionairerow · 19/10/2014 22:00

! Trying not to get personal! It's European law. Regardless of length of time. And the entitlement is 400 euro per person! I don't think that is a few hundred quid.

OP posts:
Floggingmolly · 19/10/2014 22:34

So what's your problem, op? If you're so sure you can rake in a couple of hundred quid and it wouldn't stick in your craw to do it this way, just do it.
Don't expect people to applaud your sad tacky grabbiness Hmm

Bearbehind · 20/10/2014 07:32

The amount of compensation depends on the distance and length of delay - it's not 400 euro for everyone- and if you didn't pay anything for your children's tickets you can't make a claim for them.

You have to prove the delay wasn't due to extraordinary circumstances- how do you plan to do it that?

OwlCapone · 20/10/2014 07:41

Grabby.

twainiac · 20/10/2014 09:35

Never heard of inflatable landing gear before, good luck with that one.......

OnIlkleyMoorBahTwat · 20/10/2014 09:48

OP, you are probably entitled to compensation under European law. If you are entitled to it, there's no reason not to claim it. Don't know why other posters are being so sarcastically agressive towards you.

A tiny percentage of flights are delayed to a level where compensation is payable, so it is not likely to increase prices that much.

Have a look on Moneysavingexpert - there's a whole section dedicated to this. You can also use a no win no fee law firm to do it for you if you don't want the hassle yourself, you will need to give up about a third of your compensation.

The airlines are appealing the law but they are at the very final stage and there will probably be a final ruling some time this year. If it goes in passengers favour it will be a lot easier to claim afterwards, you have six years from the flight to do so, so you may wish to wait.

Primafacie · 20/10/2014 09:52

OP I agree you should claim. I don't understand those who say it is grabby because it was so long ago - if the claim isn't time-barred, then it makes no difference whether you claim one day or 5 years after you land. It is something you are entitled to - the passage of time does not alter that, unless you wait too long and it is time-limited.

We successfully claimed against BA. All done by email, and got €1600 sent to us within three weeks. Technical fault is not a force majeure so I think your claim should be accepted. It 's for you to prove the cause of the delay, the burden is on the airline.