Claiming Back Expenses From Thomas Cook

[rosiew]

We were due to fly out to Gran Canaria on Dec 4th but because of the spanish air strike we did not actually fly until the 5th Dec losing 2 days(not nights) of our holiday. I have claimed a "benefit" payment of £30pp from my holiday insurance. We had to get a train back to Leeds on the saturday night and then a return train back to Manchester airport the next morning. My holiday insurance(Directline) says that they will not pay for this and that i should try the holiday company. I'v emailed Thomas Cook but not heard anything yet. I would prefer to know my rights before they fob me off.
Thanks Answerbankers

[dzug2]

You had the right to be looked after during the delay, including meals and a hotel at the airport.

Did Thos Cook send you home or did 'you' decide to do it? If they sent you there's an argument they should pay - if you decided then I doubt if they will

[rosiew]

Hi dzug2
We decided to go back home as all the airport hotels were full or just too expensive. The Thomas Cook personnel told everyone that they could NOT stay in the airport and to make their own arrangements, they were terrible. A train was the best option.

[KARL]

Under EU and UK law you have certain rights whenever there is a delay, escalating as the delay gets longer. The rights are in the form of duties placed on the carrier or tour organiser and I suggest you get yourself a copy of these from the nearest airport, Cetizens Advice Bureau or any other source that has them such as travel agents (Thomas Cook should have them), etc. - it is ther duty of airlines and presumably tour organisers to on request make a copy available to the traveller. So, the first thing to note is that you presented yourselves for travel at the appointed time and place and were told of a delay. If you were not advised of your rights and/or offered assistance of the type you were entitled to then the carrier/organiser would normally be deemed at fault. If you chose to go home rather than avail yourselves of offered assistance, then that might be deemed as you turning down the offer. If you went home because the airline/operator left you high and dry with just advice to come back in X days or whatever, then that would normally be deemed the airline's/operator's failure to meet the duty of care placed on them. If you feel they may be at fault then it might be best to write a letter to them describing events and say you are making a claim under the terms of the law, stating the amount you are claiming (do not be unreasonable). If that does not lead to a satisfactory resolution, then you can write again saying you intend to put the matter in the hands of your solicitor with a view to securing the sum demanded plus costs. If that does not bring a satisfactory result then you can consider making a small claim in court, by far the cheapest form of litigation (asking a solicitor to do things for you is not a cost effective way to approach things).

[KARL]

Incidentally, in my experience Thomas Cook take quite a while to deal with e-mails so do not be surprised if apart from a "received" response you hear nothing for as much as a month or more.

[rosiew]

WOW. Thanks for your response Karl, you are correct - i have just received the automatic response from them. I will write a letter and see what happens. They did not offer anyone assistance, just told to come back for a 14.10pm flight the next day, oh, and a photocopied letter for the travel insurance
Cheers

[KARL]

I hope you get a satisfactory outcome - I did with TC but about a different/simpler matter. Was it not a pity I don't know how to spell Citizen, the, and probably much besides ?!!