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  • Cking
    Rank 5 Registered User
    • Oct 2004
    • 1000

    #21
    Originally posted by Chili2001 View Post
    You can say what you like mate. The European law says otherwise:

    Technical issues cannot be described as 'extraordinary circumstances' under regulation 261/2004 as follows:

    Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of extraordinary circumstances within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.

    Please also see the court ruling of Wallentin-Hermann v Alitalia Linee Aeree Italiane SpA (C549/07).
    What would you call an "extraordinary circumstance"?? A valve that NEVER fails, failing is pretty extraordinary to me.

    Rgds Cking

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    • Chili2001
      Registered User
      • Feb 2013
      • 10

      #22
      Originally posted by Cking View Post
      I cannot comment on the customer service only the engineering standards that are second to none.

      Rgds Cking
      They can't be that great if the planes keep breaking down! A little research tells you that although Thomas Cook came second out of the least delayed airlines (Thomson have been 1st for several years running) last year they had the highest percentage of delays over 2 hours of all the airlines.

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      • Chili2001
        Registered User
        • Feb 2013
        • 10

        #23
        Originally posted by Cking View Post
        What would you call an "extraordinary circumstance"?? A valve that NEVER fails, failing is pretty extraordinary to me.

        Rgds Cking
        How many working parts are there in an operational commercial aircraft? Thousands? Hundreds of thousands? You could argue that the part was due to fail as it had never been replaced for a considerable amount of time. An extraordinary circumstance is defined as something totally out of the airlines control such as the weather, a strike or a terrorist attack.

        I came across another would be claimant who wanted compensation after his plane had to turn around after somebody had DIED mid flight. Now that was definitely an extraordinary circumstance.

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        • Sunjet757
          Rank 5 Registered User
          • Mar 2006
          • 60

          #24
          Sorry, I have to agree with the other people commenting on your post. It seems like you had a bad holiday experience, however instead of putting it down to just that, you feel the need to try and get some of your money back by using whatever means possible.

          You mention that your holiday was awful in general. It doesn't sound like this was down to the holiday company as I'm sure that you would have been claiming from them for this too, or is it that you have and didn't received any compensation and so you're trying a different slant?

          I too had a five hour delay, also with Thomas Cook from Antalya last year. This was down to two drunken yobs on the inbound flight, requiring the aircraft to return to the terminal at Manchester in order to off-load them and their baggage. The time this took, followed by the flight having to obtain a new slot meant that I too had the awful wait in a hot airport. Unfortunately because the delay wasn't six hours I didn't get anything and saw very few Thomas Cook staff at all. All I got was a letter thrust into my hand at the gate confirming the flight delay!

          Had I been like you, I would have spent time trying to source the yobs and take them to court to gain a few bob for my awful ordeal. I do however live in the real world and take these things as they are - unavoidable in modern day life.

          Good luck with the compensation claim.

          Comment

          • frankvw
            Moderator
            • Jan 2000
            • 6348

            #25
            Moderators' note

            I think we are done here. Thread closed.
            Regards,

            Frank

            Comment

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