0:00:02 > 0:00:03My name is Dominic Littlewood
0:00:03 > 0:00:07and I am passionate about taking on your consumer battles.
0:00:07 > 0:00:11In fact, taking companies to task has become my goal.
0:00:11 > 0:00:13Could you let her know that I've tried to call
0:00:13 > 0:00:15because she's probably quite keen to speak to me?
0:00:15 > 0:00:20Big or small, no company is excused from my quest to ensure that
0:00:20 > 0:00:22you guys get what you're entitled to.
0:00:22 > 0:00:24Let us know if you don't get sorted.
0:00:24 > 0:00:25So, whether you've been misled...
0:00:25 > 0:00:28We then looked at another window and that had turned yellow as well.
0:00:28 > 0:00:30It was a bit of a panic, to be truthful.
0:00:30 > 0:00:33..or are simply not satisfied...
0:00:33 > 0:00:36It all started to go wrong when they were installing the kitchen.
0:00:36 > 0:00:38We asked them to stop and get it right.
0:00:38 > 0:00:42..whatever the issues, I'm here to help.
0:00:43 > 0:00:46Holidays. Supposed to be relaxing, right?
0:00:46 > 0:00:50Well, I'm helping out two families whose time in the sun left them
0:00:50 > 0:00:52feeling burnt out.
0:00:52 > 0:00:57They were just point-blank refusing to give any accommodation to anybody.
0:00:57 > 0:00:59Buying gadgets abroad may be cheaper,
0:00:59 > 0:01:02but you could end up out of pocket...
0:01:02 > 0:01:04They made it very clear immediately after suggesting that,
0:01:04 > 0:01:08that that would be at my cost and any repairs would be at my cost.
0:01:08 > 0:01:10..and I ask if you really know
0:01:10 > 0:01:13what the term "extraordinary circumstances" means
0:01:13 > 0:01:15when your flight has been delayed.
0:01:15 > 0:01:19I'm tackling your consumer issues to make sure that YOU don't get done.
0:01:23 > 0:01:25Us Brits love our annual holidays,
0:01:25 > 0:01:29and most of us have to save up all year long to be able to afford them.
0:01:29 > 0:01:32August just gone, seven million of us jetted off abroad.
0:01:32 > 0:01:35And what are we hoping for when we go on holiday?
0:01:35 > 0:01:37A stress-free time.
0:01:37 > 0:01:40Sometimes, though, we don't get it.
0:01:40 > 0:01:42And what is the main cause of that stress?
0:01:42 > 0:01:44Delays at the airport.
0:01:44 > 0:01:50But in 2004, new rules came in to take the sting out of the dreaded delay.
0:01:50 > 0:01:53Not only would you be guaranteed food, water and accommodation
0:01:53 > 0:01:56if necessary, but you'd also be able to claim compensation -
0:01:56 > 0:01:58something that should help us
0:01:58 > 0:02:01relax a little bit before we hit the beach.
0:02:01 > 0:02:06Problem is, I've been contacted by people whose flights were delayed
0:02:06 > 0:02:09and they didn't get what they were entitled to.
0:02:09 > 0:02:13Take Nicola, partner Simon and kids Caitlin and Callum,
0:02:13 > 0:02:16who booked a long-awaited two-week holiday to Turkey
0:02:16 > 0:02:20through Thomas Cook in June 2013.
0:02:20 > 0:02:25It was a long time coming to just go away and relax, chill out,
0:02:25 > 0:02:26have a great time.
0:02:26 > 0:02:29We were really excited the week before we were going away.
0:02:29 > 0:02:31We've always booked with Thomas Cook to go away on holiday.
0:02:31 > 0:02:34Every year we've been on holiday abroad
0:02:34 > 0:02:36we've always booked with Thomas Cook.
0:02:41 > 0:02:45The family paid Thomas Cook a hard-earned £1,190
0:02:45 > 0:02:47for their summer holiday
0:02:47 > 0:02:49and arrived in Turkey without a hitch.
0:02:51 > 0:02:54The holiday overall was great. We enjoyed ourselves.
0:02:54 > 0:02:59We had a great time. The hotel that we'd stayed at was really nice.
0:02:59 > 0:03:01The staff were really nice.
0:03:01 > 0:03:03And the kids really enjoyed themselves,
0:03:03 > 0:03:08and it was what you would expect a holiday to be.
0:03:08 > 0:03:11After a fantastic holiday had by all, it was time to pack up
0:03:11 > 0:03:13and return to Blighty.
0:03:13 > 0:03:17But the Thomas Cook rep had some bad news for the family.
0:03:17 > 0:03:20The flight had been delayed by six hours
0:03:20 > 0:03:23because there was something wrong with the plane at East Midlands.
0:03:23 > 0:03:25And things got worse at the airport
0:03:25 > 0:03:28when the Thomas Cook rep had more bad news.
0:03:28 > 0:03:30And then she stood up
0:03:30 > 0:03:34and had said that the flight was delayed even longer.
0:03:34 > 0:03:36They didn't think it was going to be leaving
0:03:36 > 0:03:38till around six in the morning.
0:03:38 > 0:03:42Well, at this point, the whole flight just went nuts at her.
0:03:42 > 0:03:46Faced with a prospect of a lengthy delay and two young kids in tow,
0:03:46 > 0:03:50the memories of a great holiday were fading fast.
0:03:50 > 0:03:52Nicola asked the rep
0:03:52 > 0:03:55if they would be provided with a hotel for the night.
0:03:55 > 0:03:57She said, "No, you won't be staying in any accommodation.
0:03:57 > 0:03:59"You'll have to stay within the airport."
0:03:59 > 0:04:02And we had to take towels out of our hand luggage,
0:04:02 > 0:04:05but they were wet from being down at the pool the day before.
0:04:05 > 0:04:09So Caitlin was sleeping on damp, wet towels,
0:04:09 > 0:04:13and they were just point-blank refusing to give any accommodation to anybody.
0:04:13 > 0:04:17So, no accommodation. A night on an airport floor.
0:04:17 > 0:04:18A 12-hour delay.
0:04:18 > 0:04:22And eventually a flight to Manchester instead of East Midlands.
0:04:22 > 0:04:26They got home 15 hours later than they should have.
0:04:26 > 0:04:27Happy holidays(!)
0:04:29 > 0:04:32It put a dampener on the whole holiday.
0:04:33 > 0:04:37After a bus ride from Manchester, Nicola filed a complaint
0:04:37 > 0:04:41and broached the subject of no hotel and a demand for compensation
0:04:41 > 0:04:44they were entitled to, which, under the regulations,
0:04:44 > 0:04:47is 400 euros per paying customer.
0:04:47 > 0:04:49But as the months wore on...
0:04:49 > 0:04:51It was really, really frustrating.
0:04:51 > 0:04:55It was more the responses, how they were not human responses -
0:04:55 > 0:04:58it was just like an e-mail that they'll send to anybody
0:04:58 > 0:05:00and just put your name at the top.
0:05:00 > 0:05:04That e-mail read that there had been a technical fault with the plane
0:05:04 > 0:05:07that Thomas Cook considered an extraordinary circumstance,
0:05:07 > 0:05:10so the 12-hour delay was out of their control -
0:05:10 > 0:05:12which meant no compensation.
0:05:12 > 0:05:15Never once did they answer any of the questions.
0:05:15 > 0:05:18They just kept sending template e-mails back to me.
0:05:18 > 0:05:22And then the last one was, "Your case is closed - there's nothing we can do."
0:05:22 > 0:05:25At that point I said that I would take it further.
0:05:25 > 0:05:28So then that's when I e-mailed Don't Get Done Get Dom.
0:05:28 > 0:05:31Because Thomas Cook clearly were not helping at all.
0:05:34 > 0:05:37Sounds like a horrible way to end your holiday.
0:05:37 > 0:05:40But Nicola isn't the only disgruntled Thomas Cook customer
0:05:40 > 0:05:43who has contacted me regarding a long delay.
0:05:44 > 0:05:48Alan Tebay had also planned a special trip through Thomas Cook.
0:05:48 > 0:05:53He jetted off to India with his wife Patricia and two close friends.
0:05:53 > 0:05:56We planned the holiday to Goa in 2012
0:05:56 > 0:05:58to celebrate our ruby wedding anniversary.
0:05:58 > 0:06:02We chose Thomas Cook because the flights were quite reasonable
0:06:02 > 0:06:03and they were direct flights.
0:06:03 > 0:06:07A ruby wedding anniversary. Now, THAT'S pretty special!
0:06:07 > 0:06:09We had a really, really good time.
0:06:09 > 0:06:12Every day we were up walking along the beach,
0:06:12 > 0:06:16enjoying the beach bars as you go along, going to different towns.
0:06:16 > 0:06:17We went for rides on elephants.
0:06:17 > 0:06:19People are so, so friendly.
0:06:19 > 0:06:21That's why we like going there.
0:06:21 > 0:06:22A wonderful holiday.
0:06:22 > 0:06:26But just like Nicola and her family, trouble was not far away.
0:06:27 > 0:06:31We came to get the taxi to go back to the airport to get the flight home.
0:06:31 > 0:06:34When we arrived at the airport, that's when it all went wrong -
0:06:34 > 0:06:37when we were first told we were going to be delayed at least 24 hours.
0:06:37 > 0:06:42Fortunately for Alan and his wife, they WERE offered accommodation.
0:06:42 > 0:06:46We loaded onto this old rickety bus and went to this lovely hotel.
0:06:47 > 0:06:50With a roof over their heads for the night,
0:06:50 > 0:06:54they were still none the wiser when it came to what had caused the delay.
0:06:54 > 0:06:57Nobody contacted us at all at the hotel, no rep came round,
0:06:57 > 0:06:59which we expected someone to turn up
0:06:59 > 0:07:02and explain in a little bit more detail what had gone wrong,
0:07:02 > 0:07:05but we were just left in limbo at the hotel.
0:07:05 > 0:07:08The couple eventually flew home the following day,
0:07:08 > 0:07:11over 25 hours later than scheduled,
0:07:11 > 0:07:15and Alan knew there was a chance he may be entitled to compensation.
0:07:15 > 0:07:19At the time we didn't know what had caused the delay.
0:07:19 > 0:07:21We knew there had been a problem with the aircraft,
0:07:21 > 0:07:24but they didn't explain at the time what it was.
0:07:24 > 0:07:27So we weren't sure if we were in the right or in the wrong in claiming,
0:07:27 > 0:07:29but we thought, "We'll start the process
0:07:29 > 0:07:32"and Thomas Cook will tell us whether we're right or wrong."
0:07:32 > 0:07:34So I wrote the letter to them,
0:07:34 > 0:07:36explained the fact that we were 25 hours and 20 minutes late
0:07:36 > 0:07:39and that according to this EU regulation
0:07:39 > 0:07:42we were entitled to the 600 euros per person.
0:07:42 > 0:07:47Alan knew the regulations and quoted EU law 261,
0:07:47 > 0:07:50which states that if you are delayed for more than three hours,
0:07:50 > 0:07:52and depending on the length of your flight,
0:07:52 > 0:07:54that you could be entitled
0:07:54 > 0:07:57to up to 600 euros per paying passenger.
0:07:57 > 0:07:59Well done, that man!
0:07:59 > 0:08:01It was probably getting on for six months
0:08:01 > 0:08:04before I got the full reply back.
0:08:04 > 0:08:07I received a letter from Thomas Cook dated 3rd June,
0:08:07 > 0:08:11stating that the problem was caused due to the engine stall,
0:08:11 > 0:08:15and this was deemed as extraordinary circumstances
0:08:15 > 0:08:18and they would not be paying out any compensation.
0:08:18 > 0:08:21Extraordinarily similar to Nicola's reply.
0:08:21 > 0:08:25Alan was told this engine stall had occurred on a previous flight leg
0:08:25 > 0:08:27and it was this problem that Thomas Cook referred to
0:08:27 > 0:08:29as an "extraordinary circumstance".
0:08:31 > 0:08:34The response I got from Thomas Cook was not satisfactory
0:08:34 > 0:08:37because they failed to give me the information I asked for.
0:08:37 > 0:08:40All they kept referring to was "extraordinary circumstances",
0:08:40 > 0:08:42which is just pie in the sky, really.
0:08:42 > 0:08:45Alan just wanted to know where and when the engine stall had happened
0:08:45 > 0:08:48because if it had happened several legs earlier,
0:08:48 > 0:08:51then Thomas Cook could have made alternative arrangements.
0:08:51 > 0:08:55But despite chasing, Thomas Cook wouldn't tell him.
0:09:00 > 0:09:02So, we've got two holidays, two long delays,
0:09:02 > 0:09:06two lots of technical issues and two refusals for compensation.
0:09:06 > 0:09:09But I've only got one thing on my mind right now -
0:09:09 > 0:09:11that's to clear up this mess and confusion.
0:09:12 > 0:09:15Time I checked in on this case.
0:09:15 > 0:09:19Us Brits spend a massive £40 billion a year on our cherished holidays,
0:09:19 > 0:09:23and Thomas Cook help a lot of us feel the sand between our toes.
0:09:24 > 0:09:27They have over 1,000 branches nationwide
0:09:27 > 0:09:30and over 15,000 employees.
0:09:30 > 0:09:32Let's speak to one of them.
0:09:33 > 0:09:36Hi, good afternoon. It's a message for Nick Sandham.
0:09:36 > 0:09:38It's Dominic Littlewood calling.
0:09:38 > 0:09:42'I've already e-mailed Thomas Cook outlining Nicola and Alan's cases,
0:09:42 > 0:09:45'and I'm now trying to speak to the Head of Airline Communications
0:09:45 > 0:09:47'to get his thoughts.
0:09:47 > 0:09:50'Although for now, all I can do is leave a message.'
0:09:50 > 0:09:51Thanks very much, bye-bye.
0:09:52 > 0:09:56Right. In a couple of days' time I'm going to call him back.
0:09:56 > 0:09:58Now, I've sent him correspondence via e-mail
0:09:58 > 0:10:00and now also there's the voice mail,
0:10:00 > 0:10:02so he knows I am going to be calling, he knows what it's about.
0:10:02 > 0:10:04I have to wait and see.
0:10:05 > 0:10:08Both Alan and Nicola were aware they might be entitled
0:10:08 > 0:10:10to some competition for their delays
0:10:10 > 0:10:13and I indeed intend to help them find out.
0:10:15 > 0:10:16Flight delays and cancellations
0:10:16 > 0:10:18are covered by some pretty hefty legislation.
0:10:18 > 0:10:21But do you know your rights? Let's find out.
0:10:22 > 0:10:26At what point do you think you would be entitled to compensation
0:10:26 > 0:10:28if your flight was delayed or cancelled?
0:10:28 > 0:10:31I suppose over a period of time.
0:10:31 > 0:10:33- If it was delayed for more than... - Five hours.
0:10:33 > 0:10:35..a few hours or something like that, maybe.
0:10:35 > 0:10:37Have you any idea what you're entitled to
0:10:37 > 0:10:39- if your plane or flight was delayed? - No.
0:10:39 > 0:10:42- It was from Ibiza back to Gatwick. - OK.
0:10:42 > 0:10:45And we had to go all the way back to the hotel because it was delayed.
0:10:45 > 0:10:49- All right, OK. Did you get some compensation?- No.
0:10:49 > 0:10:52Have you ever been on a flight that was delayed or cancelled?
0:10:52 > 0:10:54- Delayed, yeah.- By how long?
0:10:54 > 0:10:56Um, probably about five hours, I don't know.
0:10:56 > 0:10:58I can't remember, it was a long time ago.
0:10:58 > 0:11:00Did you apply or get any compensation?
0:11:00 > 0:11:03I'm pretty sure we got some food vouchers for the airport.
0:11:03 > 0:11:07Would you know what your rights are as far as compensation is concerned?
0:11:07 > 0:11:09I would have no idea whatsoever.
0:11:09 > 0:11:11I'm guessing you'd have to read a lot of small print.
0:11:11 > 0:11:15It seems not many of you are that clued-up with your rights,
0:11:15 > 0:11:18so in a nutshell, if your delay is less than three hours
0:11:18 > 0:11:20but more than two, you are entitled to refreshments, a meal,
0:11:20 > 0:11:23a couple of phone calls, and an e-mail if you need it.
0:11:23 > 0:11:26If it's more than three, you're entitled to compensation for each
0:11:26 > 0:11:30and every paying passenger and that varies between 250 euros and 600.
0:11:30 > 0:11:33So get clued-up or lose out!
0:11:33 > 0:11:35And the more clued-up I get on this case,
0:11:35 > 0:11:38the more I'm going to start needing answers from Thomas Cook.
0:11:38 > 0:11:41All they've been told is that it was a technical fault.
0:11:41 > 0:11:44They've requested confirmation of what that technical fault is.
0:11:44 > 0:11:46What they believe is, under the EU laws,
0:11:46 > 0:11:48they're entitled to compensation.
0:11:52 > 0:11:53Summer holidays.
0:11:53 > 0:11:56Relaxing on the beaches, soaking up the sun
0:11:56 > 0:11:58and enjoying the bargain shopping.
0:11:58 > 0:12:03But that holiday purchase might just come at a price.
0:12:03 > 0:12:04Take Philip.
0:12:04 > 0:12:07In 2012, he and his family were about to
0:12:07 > 0:12:10embark on a three-week trip of a lifetime.
0:12:10 > 0:12:15We went to see my friend Peter who lives in Louisville in Kentucky
0:12:15 > 0:12:21and we went and stayed in a lake house with eight adults
0:12:21 > 0:12:25and - wait for it - 12 children.
0:12:25 > 0:12:27But when it came to packing their bags,
0:12:27 > 0:12:30one holiday essential was left out in the cold.
0:12:30 > 0:12:35We had a good look at what we needed to take for the holiday
0:12:35 > 0:12:39and discovered that the camera that we had had actually broken.
0:12:39 > 0:12:41We thought OK, not to worry, everyone else will have cameras.
0:12:41 > 0:12:45Leaving their camera at home, the family embarked on their holiday
0:12:45 > 0:12:48and in a flash found themselves Stateside.
0:12:48 > 0:12:51We spent the whole of one week
0:12:51 > 0:12:55in a lake area using speedboats
0:12:55 > 0:12:57and so on, playing in the water.
0:12:57 > 0:13:00We could see the other chaps taking pictures
0:13:00 > 0:13:03and we thought actually, it would be really nice to take
0:13:03 > 0:13:06some of our own to get our own interpretation of what was happening.
0:13:06 > 0:13:10Philip had started to feel a bit negative about his lack of snaps.
0:13:10 > 0:13:13It occurred to us we ought to get a camera that had splash-proof or
0:13:13 > 0:13:16even waterproof capabilities.
0:13:16 > 0:13:20When it came to the camera itself, he knew exactly what he was after.
0:13:20 > 0:13:24Panasonic was the brand coming up and the Lumix brand name came up.
0:13:24 > 0:13:28We found the right one in the right price bracket and ordered it.
0:13:28 > 0:13:31Sure enough, the camera arrived within days.
0:13:31 > 0:13:35We opened it all up, put in the SD card,
0:13:35 > 0:13:39turned it on and it did exactly what it was supposed to, it was perfect.
0:13:42 > 0:13:47We started using it absolutely immediately, that day we took it out.
0:13:47 > 0:13:51We did a lot of photography in and around the lakeside.
0:13:51 > 0:13:53We took lots and lots of photos.
0:13:53 > 0:13:56We then took it on to Florida for the rest of our holiday and used
0:13:56 > 0:14:01it in the Disney water parks and so on and got some great pictures.
0:14:01 > 0:14:03We were very, very happy with its performance.
0:14:07 > 0:14:10But sadly for Philip, this snapshot of Paradise would prove
0:14:10 > 0:14:13little more than a holiday romance.
0:14:13 > 0:14:14After our holiday,
0:14:14 > 0:14:17we arrived home sort of early August
0:14:17 > 0:14:21and we didn't really use the camera then for a week or so.
0:14:21 > 0:14:24We turned it on and the immediate message that
0:14:24 > 0:14:28came on the back of the screen was "zoom function error".
0:14:28 > 0:14:32Unsure what was wrong with the camera, Philip contacted Panasonic.
0:14:32 > 0:14:34The lady on the other end of the line told me that the
0:14:34 > 0:14:36camera was not under guarantee in the UK.
0:14:36 > 0:14:39They said that one of the countries that they cannot honour
0:14:39 > 0:14:42a warranty for is the United States.
0:14:42 > 0:14:45I was a little bit perplexed by it.
0:14:46 > 0:14:50Confused, Philip e-mailed Panasonic's customer services.
0:14:51 > 0:14:54They did suggest that I take the camera
0:14:54 > 0:14:57to an authorised repair centre.
0:14:57 > 0:15:00They made it very clear immediately after suggesting that,
0:15:00 > 0:15:03that that would be at my cost and that any repairs would be at my cost.
0:15:03 > 0:15:05He was left with no choice
0:15:05 > 0:15:10but to send the 149 camera back to the States with his mum who
0:15:10 > 0:15:13was visiting his friend Peter, where its warranty was valid.
0:15:13 > 0:15:17The camera was fixed within two weeks and luckily returned to
0:15:17 > 0:15:22Philip when Peter visited the UK two months later. A long, tough lesson.
0:15:22 > 0:15:25It really never occurred to me that there
0:15:25 > 0:15:28could potentially be a problem with the warranty by buying
0:15:28 > 0:15:31in the States and living in the UK with the product.
0:15:31 > 0:15:33It seems Philip isn't the only one to fall foul
0:15:33 > 0:15:36when buying something abroad.
0:15:36 > 0:15:39Because I've been contacted by Neil Considine,
0:15:39 > 0:15:44who on a recent trip to Thailand, spent £900 on two Samsung phones.
0:15:44 > 0:15:46Everything was great, but when he got home,
0:15:46 > 0:15:49one of the devices developed a fault.
0:15:49 > 0:15:52He contacted the technical department at Samsung UK,
0:15:52 > 0:15:56who told him they were unable to repair his phone as it was
0:15:56 > 0:15:58bought outside the EU.
0:15:58 > 0:16:02They told him to contact Samsung in Thailand to resolve the problem.
0:16:02 > 0:16:06So, like Philip, his only option was to ship the product
0:16:06 > 0:16:09back to the country where he had bought it.
0:16:09 > 0:16:10Not ideal.
0:16:10 > 0:16:14We contacted the UK offices of both Panasonic and Samsung.
0:16:16 > 0:16:19Panasonic issued the following statement.
0:16:39 > 0:16:42And Samsung stated that:
0:16:54 > 0:16:55So next time you're abroad
0:16:55 > 0:16:59and are thinking about splashing the cash, take stock of my top tips.
0:16:59 > 0:17:03Check that your goods will be protected when you're at home.
0:17:03 > 0:17:06Make sure to look into your warranty - what does it cover
0:17:06 > 0:17:08and how long does it last?
0:17:09 > 0:17:12Beware of hidden costs like import duties.
0:17:12 > 0:17:14They can prove a nasty surprise when you're trying to
0:17:14 > 0:17:16bring your new goods home
0:17:16 > 0:17:19and finally, get a contact.
0:17:19 > 0:17:20If something goes wrong with your purchase,
0:17:20 > 0:17:24you'll want to get in touch with the seller and that can prove easier
0:17:24 > 0:17:28said than done when you're trying to reach Sri Lanka from Slough.
0:17:29 > 0:17:31That way, you won't get done.
0:17:39 > 0:17:43I'm investigating the cases of two holidaymakers who were
0:17:43 > 0:17:45hit by massive delays on their way home.
0:17:45 > 0:17:48Both were denied compensation because they had been told
0:17:48 > 0:17:52their delay had been caused by "extraordinary circumstances".
0:17:54 > 0:17:57I personally think the extraordinary circumstance
0:17:57 > 0:18:00used by the airlines is a get-out clause because you can put all sorts
0:18:00 > 0:18:04of excuses into that pot and use it as an extraordinary circumstance.
0:18:04 > 0:18:08When they said it was extraordinary circumstances, that's fine,
0:18:08 > 0:18:10but what was wrong with the plane?
0:18:10 > 0:18:13They've never gone into detail as to what it was,
0:18:13 > 0:18:15you just keep saying it was extraordinary circumstances.
0:18:15 > 0:18:17But what WAS it?
0:18:18 > 0:18:22Nicola and Simon were also denied overnight accommodation whilst
0:18:22 > 0:18:25they waited for their flight back from Turkey.
0:18:25 > 0:18:28I've asked them to investigate their basic rights under the new EU
0:18:28 > 0:18:31regulations relating to their delay.
0:18:31 > 0:18:35Airlines are obliged to provide assistance to passengers
0:18:35 > 0:18:38including refreshments, accommodation where necessary...
0:18:38 > 0:18:41That would mean that we should have been offered accommodation,
0:18:41 > 0:18:42at least.
0:18:42 > 0:18:45Well, it is in the regulations.
0:18:45 > 0:18:49It's also important that they both understand what exactly constitutes
0:18:49 > 0:18:52an "extraordinary circumstance".
0:18:52 > 0:18:54"The event has to meet three criteria.
0:18:54 > 0:18:57"Unpredictable, unavoidable and external.
0:18:57 > 0:18:59"In each of the following examples,
0:18:59 > 0:19:02"the air carrier must provide proof of circumstances alleged
0:19:02 > 0:19:06"and it must also clearly demonstrate how these circumstances
0:19:06 > 0:19:08"resulted in the flight disruption."
0:19:08 > 0:19:10Well, that's what they never, ever did.
0:19:10 > 0:19:14They never, ever explained what the extraordinary circumstance was.
0:19:14 > 0:19:19Technical issues... "Technical issues were found during maintenance..."
0:19:19 > 0:19:23So as long as they show that they've maintained the aircraft,
0:19:23 > 0:19:24and show that it's been done properly,
0:19:24 > 0:19:27they can use it as an extraordinary circumstance.
0:19:27 > 0:19:30- That list is quite big.- It is.
0:19:30 > 0:19:34There's like 35 points of what it could be.
0:19:34 > 0:19:37That's what she kept saying, "technical issues".
0:19:37 > 0:19:39That's why we were getting mad...
0:19:39 > 0:19:43They wouldn't say what the technical issue was. Yeah.
0:19:43 > 0:19:45But they can't do that
0:19:45 > 0:19:48because according to the Court of European Communities
0:19:48 > 0:19:50which ruled on these regulations, a technical problem
0:19:50 > 0:19:54in an aircraft cannot be regarded as an extraordinary circumstance -
0:19:54 > 0:19:57UNLESS that problem stems from events
0:19:57 > 0:20:01which by their nature or origin are not inherent in the normal
0:20:01 > 0:20:05exercise of the activity of the air carrier concerned
0:20:05 > 0:20:07and are beyond its actual control.
0:20:07 > 0:20:10Now let's put that into layman's terms.
0:20:10 > 0:20:12Right, so if a delay is outside the airline's control,
0:20:12 > 0:20:15it's classed as an extraordinary circumstance.
0:20:15 > 0:20:17I think I've got that one now.
0:20:17 > 0:20:21Crucially, that means I need to find out if Alan's engine stall
0:20:21 > 0:20:25and Nicola's technical fault were outside the airlines' control.
0:20:27 > 0:20:30To try and discover whether Alan's engine stall was an extraordinary
0:20:30 > 0:20:33circumstance, I've arranged for him to meet
0:20:33 > 0:20:36aeronautical engineer Dr Rahulan,
0:20:36 > 0:20:37to shed some light on the matter.
0:20:38 > 0:20:42Alan has travelled to Salford University Aviation
0:20:42 > 0:20:45Engineering department to get a definitive answer.
0:20:46 > 0:20:49- Is an engine stall very, very serious?- It can be.
0:20:49 > 0:20:51Can be catastrophic?
0:20:51 > 0:20:54It CAN be catastrophic if the conditions,
0:20:54 > 0:20:58- the breakdown is particularly bad. - Right.
0:20:58 > 0:21:02It can result in immediate damage to internal components.
0:21:02 > 0:21:06And in your experience, how many engine stalls have you heard about?
0:21:06 > 0:21:07On commercial aircraft.
0:21:07 > 0:21:10They are rarer than they used to be,
0:21:10 > 0:21:13going back about 25 years.
0:21:13 > 0:21:17As a general rule, if they suspect that it's a catastrophic
0:21:17 > 0:21:19failure inside the engine,
0:21:19 > 0:21:25then the advice is to return back to the airport as quickly as possible.
0:21:25 > 0:21:27This engine is extremely complicated
0:21:27 > 0:21:33and it's impossible to keep tabs on every single component.
0:21:33 > 0:21:35These things don't happen that often, do they?
0:21:35 > 0:21:37It's not going to be an everyday occurrence
0:21:37 > 0:21:41and is not going to happen twice on the same engine, is it? Or it shouldn't do.
0:21:41 > 0:21:45The good news is that it does not happen on a regular basis these days.
0:21:45 > 0:21:50We understand a lot more about the flow behaviour inside the engine.
0:21:50 > 0:21:52I fly quite regularly,
0:21:52 > 0:21:56and I can't remember the last time we had an engine problem.
0:21:56 > 0:21:59OK, it's clearly a very serious fault.
0:21:59 > 0:22:03But should it be classed as an extraordinary circumstance?
0:22:03 > 0:22:07With my own experience, we were due to fly back from Goa last year.
0:22:07 > 0:22:10The flight was delayed for 24 hours.
0:22:10 > 0:22:13Normally, that sort of major change would require
0:22:13 > 0:22:15- something like 24 hours or so.- 24 hours.
0:22:15 > 0:22:19But it most importantly depends on the availability of spares,
0:22:19 > 0:22:22personnel, because you do need licenced engineers to conduct
0:22:22 > 0:22:24this sort of high-level operation.
0:22:27 > 0:22:30It takes around 24 hours to change a jet engine,
0:22:30 > 0:22:32which corresponds to the length of time that Alan's flight was
0:22:32 > 0:22:37delayed, which backs up Thomas Cook's explanation that the stall
0:22:37 > 0:22:38was beyond their control
0:22:38 > 0:22:42and certainly not something that can be fixed in a matter of minutes.
0:22:42 > 0:22:44From what the doctor has explained, it is
0:22:44 > 0:22:47an extraordinary circumstance for this to happen,
0:22:47 > 0:22:49but it still doesn't answer my question -
0:22:49 > 0:22:52where was the plane when the incident happened?
0:22:52 > 0:22:54It's not great news for Alan, I'm afraid,
0:22:54 > 0:22:57because he has found out an engine stall is
0:22:57 > 0:23:00classed as an extraordinary circumstance and that has been
0:23:00 > 0:23:03backed up in a phone call from Thomas Cook to my office today.
0:23:03 > 0:23:09However, Alan's gripe is - where and when did that stall take place?
0:23:09 > 0:23:12'And if it had happened four or five flights before this,
0:23:12 > 0:23:16'surely Thomas Cook could have done something about it?
0:23:16 > 0:23:18'I have been asked to deal with the press office rather than
0:23:18 > 0:23:22'customer services so I want to get back on the phone to them to see
0:23:22 > 0:23:23'if I can get some answers.'
0:23:23 > 0:23:24Beth. Hello there.
0:23:24 > 0:23:27My name is Dominic Littlewood. I'm calling from the BBC.
0:23:27 > 0:23:30I was hoping to speak to the head of your comms.
0:23:30 > 0:23:32I think that is Nick Sandham, isn't it?
0:23:32 > 0:23:34'Nick is out of the country so his colleague, Beth,
0:23:34 > 0:23:37'agrees to listen to my questions and pass them on to him.'
0:23:37 > 0:23:40They weren't offered or given hotel accommodation.
0:23:40 > 0:23:44They ended up sleeping on their damp beach towels in the airport.
0:23:44 > 0:23:46All they have been told is it was a technical fault.
0:23:46 > 0:23:50They have requested confirmation of what that technical fault is.
0:23:50 > 0:23:52What they believe is, under the EU laws,
0:23:52 > 0:23:54they are entitled to compensation.
0:23:54 > 0:23:56They haven't been able to receive
0:23:56 > 0:24:00an explanation other than it is a technical fault.
0:24:00 > 0:24:03'I have made my case for Nicola. So now on to Alan's.'
0:24:04 > 0:24:06His technical problem was explained to him.
0:24:06 > 0:24:09Apparently, the engine had a stall.
0:24:09 > 0:24:14But, that plane had an engine stall on a previous journey.
0:24:14 > 0:24:15Therefore, that is something
0:24:15 > 0:24:17which hasn't caught Thomas Cook necessarily off-guard.
0:24:17 > 0:24:19It is something they should have been aware of
0:24:19 > 0:24:22and perhaps a different plane should have been used.
0:24:22 > 0:24:23- I'm going to give him a ring.- OK.
0:24:23 > 0:24:27- And let him know and I'm going to give you a ring...- Perfect.
0:24:27 > 0:24:30..on that number, because he is definitely the best person
0:24:30 > 0:24:33- because he knows all sorts of EU regulations.- Yes.
0:24:33 > 0:24:36- He's the man to speak to. - He is the man.
0:24:36 > 0:24:38'Well, if Nick knows his EU regulations, I think
0:24:38 > 0:24:41'we'll be on the same hymn sheet.'
0:24:41 > 0:24:43- Speak to you soon. Bye-bye. - Bye-bye.
0:24:43 > 0:24:46To try and get some clarity on the regulations,
0:24:46 > 0:24:48I have asked the CAA for a meeting.
0:24:49 > 0:24:54The Civil Aviation Authority is the UK's specialist aviation regulator.
0:24:54 > 0:24:58And with the regulations open to a certain amount of interpretation,
0:24:58 > 0:25:01it's their role to make these things clearer for the passenger.
0:25:01 > 0:25:04Something which keeps coming up, it's a common denominator,
0:25:04 > 0:25:07is the term "extraordinary circumstances".
0:25:07 > 0:25:09Well, extraordinary circumstances does cover
0:25:09 > 0:25:12an awful lot of occasions for delay and cancellation
0:25:12 > 0:25:17and many of the occasions, it is a justified use of the exemption.
0:25:17 > 0:25:21I mean, if you have snow or fog or maybe an air traffic control
0:25:21 > 0:25:24strike, those are all things that are outside the airline's control
0:25:24 > 0:25:26and essentially, that's what the term means.
0:25:26 > 0:25:29Are people legally entitled to a good explanation of what
0:25:29 > 0:25:31an extraordinary circumstance is?
0:25:31 > 0:25:34Well, the legislation talks about the airline having to demonstrate
0:25:34 > 0:25:36extraordinary circumstances.
0:25:36 > 0:25:39And we, along with other enforcement bodies across Europe,
0:25:39 > 0:25:42think that it's really important that airlines
0:25:42 > 0:25:44do give a clear explanation of what happens.
0:25:44 > 0:25:47So under the EU laws, if somebody requests a good explanation,
0:25:47 > 0:25:51- they are entitled to one.- They are. They are entitled to that, yes.
0:25:51 > 0:25:53Well, Thomas Cook still hasn't told Alan
0:25:53 > 0:25:55where and when the engine stall happened.
0:25:55 > 0:25:58And Nicola has only ever been told that her flight was delayed
0:25:58 > 0:26:03due to a technical fault. Clearly, these regulations are falling short.
0:26:03 > 0:26:05In your opinion, Jackie, do they need updating?
0:26:05 > 0:26:08Well, there's a process at the moment that Europe is
0:26:08 > 0:26:12looking at updating the regulation. But it will take quite some time.
0:26:12 > 0:26:15The legal process in Europe is quite slow.
0:26:15 > 0:26:17But the European Parliament has already been
0:26:17 > 0:26:19looking at the regulation.
0:26:19 > 0:26:24But it probably won't be until about 2015 until something changes.
0:26:24 > 0:26:27If and when airlines do give the exact reason for delay,
0:26:27 > 0:26:31there are some that, in the CAA's opinion, are not extraordinary.
0:26:32 > 0:26:34We have seen things like fuel leaks that have
0:26:34 > 0:26:36occurred during maintenance and then the maintenance has
0:26:36 > 0:26:40overrun, which is what has led to the delay, and we say
0:26:40 > 0:26:43that that is not an extraordinary circumstance in our view.
0:26:43 > 0:26:46And we have also seen things where perhaps a baggage truck has
0:26:46 > 0:26:50hit an aircraft, and that has been done by somebody who is
0:26:50 > 0:26:53actually contracted to the airline, and again,
0:26:53 > 0:26:55we say that's something that's within their control.
0:26:55 > 0:26:58What about if I was delayed because a plane had
0:26:58 > 0:27:03a problem on a previous leg of the journey prior to getting to me?
0:27:03 > 0:27:07The airline has to show that it took all reasonable measures to avoid
0:27:07 > 0:27:08what happened to you.
0:27:08 > 0:27:12So sometimes, it's just not possible to fix the problem
0:27:12 > 0:27:15so that the next leg can operate in the same way.
0:27:15 > 0:27:19- This is a case of each incident is taken on its merits, is it?- It is.
0:27:19 > 0:27:22That's absolutely right, yes.
0:27:22 > 0:27:25The regulations regarding extraordinary circumstances
0:27:25 > 0:27:27and compensation should be clearer,
0:27:27 > 0:27:29which makes me wonder
0:27:29 > 0:27:32whether more could be done to protect us consumers.
0:27:32 > 0:27:35The lady I'm trying to help at the moment was told that she
0:27:35 > 0:27:40wasn't offered hotel accommodation and it was a huge delay. It was overnight.
0:27:40 > 0:27:44I don't consider that acceptable. Do you? And what can she do about that?
0:27:44 > 0:27:47No, we don't, and I think we very much encourage airlines to
0:27:47 > 0:27:51provide hotels for passengers but sometimes, when there is really
0:27:51 > 0:27:56big disruption, it can genuinely be quite hard to source hotels.
0:27:56 > 0:28:00If the airline can't provide a hotel, then book one yourself, try and
0:28:00 > 0:28:04get some guidance from the airline on how much they will reimburse you.
0:28:04 > 0:28:08Keep all your receipts and make a claim after the event. Claim it back.
0:28:08 > 0:28:10- Jackie, thanks ever so much for your time.- Thank you.
0:28:10 > 0:28:12Much appreciated.
0:28:12 > 0:28:14I find that meeting very helpful,
0:28:14 > 0:28:17but the way that I would summarise that would be to say that I don't
0:28:17 > 0:28:21think the rules are unfair, I think they're still a little bit unclear.
0:28:27 > 0:28:30It's only fair that airlines can deny compensation
0:28:30 > 0:28:32if the delay is outside of their control.
0:28:32 > 0:28:35In other words, if it's an extraordinary circumstance.
0:28:35 > 0:28:38But I think we have the right to know what the cause was.
0:28:38 > 0:28:40The changes they are discussing
0:28:40 > 0:28:42can't come soon enough for holidaymakers -
0:28:42 > 0:28:45like in my cases, where it's far from clear-cut.
0:28:45 > 0:28:47Name some of the extraordinary circumstances.
0:28:47 > 0:28:53- What do you think they might be? - Snow... Hurricane... tsunami...
0:28:53 > 0:28:56What about if the plane had to make an emergency landing
0:28:56 > 0:28:59because it has a serious technical issue? Could you claim?
0:28:59 > 0:29:03- I would probably say yes, you should.- You can't.
0:29:03 > 0:29:05If it's a serious technical issue, they have to land.
0:29:05 > 0:29:08That's a plane with serious technical issues.
0:29:08 > 0:29:09- It looks like it's about to crash. - Mm.
0:29:09 > 0:29:12- Would you class that as exceptional?- Yes.- So would I.
0:29:12 > 0:29:14What about the plane developed a technical fault
0:29:14 > 0:29:17- and has to make an emergency landing?- It would have to be.
0:29:17 > 0:29:20- As long as they didn't know about it before the plane took off?- Yes.
0:29:20 > 0:29:22What about if a bird flew into the engine,
0:29:22 > 0:29:25- would that be an extraordinary circumstance?- Yes!
0:29:25 > 0:29:27It should look where it's going, shouldn't it?
0:29:27 > 0:29:31- What, the pilot or the bird? - Both of them!- Correct.
0:29:31 > 0:29:34Bird strikes are definitely extraordinary.
0:29:34 > 0:29:37Volcanic ash. Remember when that happened a couple of years ago?
0:29:37 > 0:29:40- Yes, yes.- Now, would that be a reason for airlines not to pay up?
0:29:42 > 0:29:46- No.- Wrong. You can't blame an airline for a volcanic eruption.
0:29:46 > 0:29:49That's an alarm clock. What about if the pilot oversleeps?
0:29:51 > 0:29:54- Would that be extraordinary circumstances?- No.- You're right.
0:29:54 > 0:29:57- It's his problem!- It wouldn't be. Yes.
0:29:57 > 0:29:59So, do you think you are entitled to claim compensation
0:29:59 > 0:30:04- if the pilot oversleeps? - I would say so, yes.- Yes. Spot on.
0:30:04 > 0:30:07- Is that an exceptional circumstance? - Yes.- No.- Why not?
0:30:07 > 0:30:10We can say we're not paying out because the pilot overslept.
0:30:10 > 0:30:13If a passenger was taken ill on the flight,
0:30:13 > 0:30:18- would that be extraordinary circumstances?- Yes.
0:30:18 > 0:30:20That happened to me when I was going to Kenya once.
0:30:20 > 0:30:23Somebody took bad before we took off...
0:30:23 > 0:30:26- And how long was it delayed for? - An hour or more.- Great, OK.
0:30:26 > 0:30:30If it was just an hour or more, you probably weren't entitled to anything.
0:30:30 > 0:30:32Over two hours, over three hours, then you are.
0:30:32 > 0:30:34Seems like it wasn't too extraordinary for me
0:30:34 > 0:30:36to discover that not many of us
0:30:36 > 0:30:39really know what constitutes an extraordinary circumstance.
0:30:39 > 0:30:42Take it from me, do some homework if your flight is delayed.
0:30:42 > 0:30:45And if it's within the airline's control, you never know,
0:30:45 > 0:30:48you may just be entitled to some compensation.
0:30:52 > 0:30:55I have been wrangling with Thomas Cook over their refusal to
0:30:55 > 0:30:59pay compensation to their customers under EU regulations.
0:30:59 > 0:31:01I can tell you, it's been a tricky one.
0:31:02 > 0:31:05But things are moving in the right direction.
0:31:05 > 0:31:07The important thing is, I used the CEO's details,
0:31:07 > 0:31:10which I got off the internet, mentioned that,
0:31:10 > 0:31:13and all of a sudden, people start thinking "We need to sort it out,
0:31:13 > 0:31:17"because otherwise he might be on the phone to the big cheese."
0:31:17 > 0:31:21Alan met an aeronautical engineer and discovered that the engine
0:31:21 > 0:31:24stall on a previous leg to the flight that was supposed to
0:31:24 > 0:31:28return him from Goa was an extraordinary circumstance
0:31:28 > 0:31:31and was outside the airline's control but he still wants
0:31:31 > 0:31:35answers about when exactly the stall happened and why Thomas Cook
0:31:35 > 0:31:39didn't make alternative arrangements in order to avoid the delay.
0:31:39 > 0:31:42All I was trying to establish from Thomas Cook,
0:31:42 > 0:31:46did this engine stall occur between Manchester and Goa or did it
0:31:46 > 0:31:50occur somewhere else, but they just will not give me this answer.
0:31:50 > 0:31:54And according to the Civil Aviation Authority, that's not good enough.
0:31:54 > 0:31:57Well, I think, when the airline first responds to the passenger,
0:31:57 > 0:32:01they should really give a very clear explanation of what's happened,
0:32:01 > 0:32:03so they should explain the reason that the flight was cancelled
0:32:03 > 0:32:06or delayed and also why they felt there was nothing else
0:32:06 > 0:32:10they could do to avoid that disruption.
0:32:10 > 0:32:13Well, Alan has never been told any of this and his point is that
0:32:13 > 0:32:17if the stall happened three or four flights before this,
0:32:17 > 0:32:19Thomas Cook should have got in another plane.
0:32:22 > 0:32:25I have received an e-mail from Thomas Cook that finally
0:32:25 > 0:32:29confirms that the engine stall and then subsequent engine change
0:32:29 > 0:32:33happened on a flight from Cancun to Manchester but it happened
0:32:33 > 0:32:35on that plane the day before
0:32:35 > 0:32:37Alan was due to be flying back from Goa.
0:32:38 > 0:32:40Now, Thomas Cook's e-mail says...
0:32:40 > 0:32:43Their engineers confirm it was a fault outside of their control
0:32:43 > 0:32:46and that they also didn't have time or resources
0:32:46 > 0:32:50to draft in an alternative plane, so it was, in essence,
0:32:50 > 0:32:52an extraordinary circumstance.
0:32:53 > 0:32:57So, Alan may not be entitled to compensation,
0:32:57 > 0:32:59but at least he's got his answer.
0:32:59 > 0:33:02I think airlines would make theirselves much easier to understand
0:33:02 > 0:33:05if they explained things in plain English to people
0:33:05 > 0:33:10and not use this fantastic phrase "extraordinary circumstances",
0:33:10 > 0:33:12because that to me and to most travellers
0:33:12 > 0:33:14doesn't mean anything at all.
0:33:14 > 0:33:17If they gave us the full and proper details what exactly went wrong,
0:33:17 > 0:33:19people would be much happier.
0:33:19 > 0:33:21Well, anything that makes things clearer
0:33:21 > 0:33:25for passengers can only be a good thing.
0:33:25 > 0:33:28I've also heard back from Thomas Cook about Nicola's case
0:33:28 > 0:33:30and they have admitted that her delay
0:33:30 > 0:33:33wasn't because of a technical fault.
0:33:33 > 0:33:35Basically, it was late out of routine maintenance,
0:33:35 > 0:33:40which means under EU regulations, Nicola is entitled to compensation.
0:33:40 > 0:33:41Bingo!
0:33:43 > 0:33:46Interestingly, my office has been contacted
0:33:46 > 0:33:48and it seems an offer is on the table from Thomas Cook,
0:33:48 > 0:33:52but they have only offered compensation for the delay
0:33:52 > 0:33:54to Nicola and Simon, not their kids,
0:33:54 > 0:33:59but the regulations state that it's due to each paying customer.
0:33:59 > 0:34:01I responded with an e-mail acknowledging daughter
0:34:01 > 0:34:06Caitlin wasn't a paying customer as her flight was part of the package,
0:34:06 > 0:34:09but the family did pay Thomas Cook £49 for son Callum
0:34:09 > 0:34:13to fly, therefore he's a paying customer.
0:34:13 > 0:34:14I don't think it's enough.
0:34:14 > 0:34:18I'm going to go in with a phone call now and ask them for more.
0:34:18 > 0:34:20Now, whether I'll get an answer now or not, I don't know,
0:34:20 > 0:34:23but I'm certainly going to sow the seed.
0:34:23 > 0:34:26'And yet again I'm forced to leave a voice mail letting them
0:34:26 > 0:34:28'know that we need to talk.'
0:34:28 > 0:34:31Hi, Nick. It's Dominic Littlewood from Don't Get Done Get Dom.
0:34:31 > 0:34:32I'm going to try you on your mobile,
0:34:32 > 0:34:34so if I don't get through to you on there,
0:34:34 > 0:34:37I'll leave a voice mail with a phone number and hopefully
0:34:37 > 0:34:40I'll be able to speak to you this afternoon. Thanks, Nick. Bye-bye.
0:34:40 > 0:34:43'You know me, if at first you don't succeed,
0:34:43 > 0:34:44'call Nick's mobile.'
0:34:44 > 0:34:48Hi, Nick, it's Dominic Littlewood from Don't Get Done Get Dom,
0:34:48 > 0:34:50I've called your landline number,
0:34:50 > 0:34:52but I'm obviously having trouble getting hold of you.
0:34:52 > 0:34:55I'm off to meet Nicola Ross in a short while
0:34:55 > 0:34:58and I just needed to speak to you prior to meeting her if possible.
0:34:58 > 0:35:00So I would appreciate a call back.
0:35:00 > 0:35:02Thanks ever so much, Nick. Bye-bye.
0:35:02 > 0:35:05Right, I've left a voice mail. What more can I do?
0:35:05 > 0:35:08Just wait for them to ring me back. Oh, so frustrating.
0:35:08 > 0:35:10Anyhow, time to hit the road.
0:35:13 > 0:35:16And it's frustrating because I know the family are entitled
0:35:16 > 0:35:18to more than Thomas Cook's first offer.
0:35:18 > 0:35:20I'm in Nottingham to talk to Nicola
0:35:20 > 0:35:23and Simon about Thomas Cook's offer and my investigation.
0:35:23 > 0:35:25Let's see what they've got to say.
0:35:30 > 0:35:32- Nicola, hiya.- Hi. - How are you doing?- Fine.
0:35:32 > 0:35:34- How are you?- OK if I come in? - Yes.
0:35:37 > 0:35:40Nicola, just remind me about this - I'm not going to say story -
0:35:40 > 0:35:43this nightmare that you had with Thomas Cook,
0:35:43 > 0:35:46- getting back from Turkey, because it was, wasn't it?- It was.
0:35:46 > 0:35:50We ended up getting home 15 hours later than we were supposed to,
0:35:50 > 0:35:53not going to the airport that we were supposed to go to -
0:35:53 > 0:35:56we ended up going to Manchester -
0:35:56 > 0:35:57not being offered accommodation
0:35:57 > 0:36:02and then with two children with you as well, it was a complete nightmare.
0:36:02 > 0:36:05There was you, there was Nicola and two very young kids forced to
0:36:05 > 0:36:10sleep on an airport floor using damp towels as pillows and blankets.
0:36:10 > 0:36:13I could hardly believe it when I heard that.
0:36:13 > 0:36:14That was the worst of, you know,
0:36:14 > 0:36:20seeing your family having to get towels out
0:36:20 > 0:36:23just to cover up.
0:36:23 > 0:36:27- It's really bad.- You should have been put up in a hotel.- Mm-hm.
0:36:27 > 0:36:30- End of argument.- Yep.- Simple as that. There's the regulations.
0:36:30 > 0:36:34- They were in place. Why didn't it happen?- Exactly.
0:36:34 > 0:36:35But you shouldn't have been left
0:36:35 > 0:36:37sleeping on the floor at the airport.
0:36:37 > 0:36:39- No.- End of.- Mm-hm.
0:36:39 > 0:36:42'Sleeping on floors is bad enough,
0:36:42 > 0:36:46'but returning to the UK 15 hours behind schedule and Thomas Cook
0:36:46 > 0:36:50'skirting EU regulations on compensation is another.'
0:36:50 > 0:36:53I tell you what I thought was really bad here.
0:36:53 > 0:36:56As a couple, you applied for compensation, didn't you?
0:36:56 > 0:36:57Mm-hm, we did, yeah.
0:36:57 > 0:37:01- Which you ARE entitled to.- Mm-hm. - What happened, Simon?
0:37:01 > 0:37:06Er, in a nutshell, they just told us you haven't got a case and go away.
0:37:06 > 0:37:09In a nutshell, that's what they actually told us.
0:37:09 > 0:37:14- Because of those two words "extraordinary circumstances".- Yes.
0:37:14 > 0:37:18Now, that is a term which airlines are allowed
0:37:18 > 0:37:22to use as an excuse for not paying as long as whatever the reason
0:37:22 > 0:37:26was is an extraordinary circumstance and you asked them
0:37:26 > 0:37:29how many times what were the extraordinary circumstances?
0:37:29 > 0:37:32Every time I e-mailed them, so quite a few times.
0:37:32 > 0:37:36- You never got a satisfactory answer to that, did you?- Never. No.
0:37:36 > 0:37:38Well, OK, we've heard from them and they've actually told us
0:37:38 > 0:37:41the reason that flight was delayed was
0:37:41 > 0:37:45because the plane was released late from maintenance.
0:37:45 > 0:37:48Now you've looked at all the extraordinary circumstances,
0:37:48 > 0:37:52- is that one listed there?- No. - What a surprise.
0:37:52 > 0:37:54Which means, in a nutshell, Simon...
0:37:54 > 0:37:56- We're entitled to compensation. - Correct.
0:37:56 > 0:38:02'So far, the couple have only been offered £678 for the two adults.
0:38:02 > 0:38:05'This is the amount of compensation due per passenger under
0:38:05 > 0:38:09'the EU regulations, but I want Thomas Cook to recognise
0:38:09 > 0:38:10'the law and pay out
0:38:10 > 0:38:11for Callum's seat.
0:38:11 > 0:38:14'Hopefully this should go some way to help
0:38:14 > 0:38:16'the family forget their night on the airport floor.'
0:38:16 > 0:38:19I'm still moaning at them. I'm still having a go at them.
0:38:19 > 0:38:22- I even phoned them up on my way round here.- Mm-hm.
0:38:22 > 0:38:25It went to voice mail. I'm going to keep pushing.
0:38:25 > 0:38:27I'm going to try and get you more.
0:38:27 > 0:38:30'I'd also like to send a message out to every passenger on that plane.
0:38:30 > 0:38:33'You have six years to claim after the incident.
0:38:33 > 0:38:39'If you were on that flight, number TCX5513, on 3rd July 2013,
0:38:39 > 0:38:43'contact Thomas Cook because you may be entitled to compensation
0:38:43 > 0:38:45'of up to 400 euros per paying passenger
0:38:45 > 0:38:47'and let us know how you get on.'
0:38:48 > 0:38:51Nicola and Simon's case is quite interesting,
0:38:51 > 0:38:53because they were entitled to compensation,
0:38:53 > 0:38:56but the airline said to them it was an extraordinary circumstance,
0:38:56 > 0:38:58therefore we're not going to give it to you.
0:38:58 > 0:39:00They got it eventually but only after getting me in
0:39:00 > 0:39:02and it was a bit of a struggle.
0:39:02 > 0:39:05If you're ever told the same excuse, look it up,
0:39:05 > 0:39:07keep pushing for the right answers
0:39:07 > 0:39:09and if it's not an extraordinary circumstance,
0:39:09 > 0:39:12just remember you are entitled to compensation, so get it.
0:39:14 > 0:39:16'Making sure Nicola's family
0:39:16 > 0:39:18'gets everything they're entitled to is my job,
0:39:18 > 0:39:21'so still having not heard back from the head of communications at
0:39:21 > 0:39:26'Thomas Cook, there's only one place left to go - straight to the top.'
0:39:29 > 0:39:32Oh, hi, it's Dominic Littlewood calling from the BBC.
0:39:32 > 0:39:34Is it possible to speak to Harriet Green, please?
0:39:34 > 0:39:38'Sadly, I don't get through to Harriet Green, the CEO of Thomas
0:39:38 > 0:39:42'Cook, but I do get to speak to her PA and explain Nicola's situation.'
0:39:42 > 0:39:46We've received communications from Thomas Cook.
0:39:46 > 0:39:47They've now admitted to us
0:39:47 > 0:39:50that it wasn't covered by extraordinary circumstances,
0:39:50 > 0:39:53it was apparently the scheduled maintenance had overran
0:39:53 > 0:39:56and, for that reason, they've turned round
0:39:56 > 0:39:58and said to the couple they will give them
0:39:58 > 0:40:00the EU amount they're entitled to, which is 400 euros each.
0:40:00 > 0:40:03Now, the problem we've got is there's been absolutely nothing
0:40:03 > 0:40:06that's come forward for all the other problems they've had.
0:40:06 > 0:40:10'I also point out the shortfall in compensation
0:40:10 > 0:40:12'and why they're entitled to more.'
0:40:12 > 0:40:14Thomas Cook haven't done anything over
0:40:14 > 0:40:18and above what they were entitled to under the regulations.
0:40:18 > 0:40:22'She promises she will personally look into it and get back to me.'
0:40:22 > 0:40:24Thanks, Hattie. Bye-bye.
0:40:24 > 0:40:27Now, I'll tell you what's interesting there,
0:40:27 > 0:40:29I've now got a new name, this lovely lady called Hattie,
0:40:29 > 0:40:32who said, "Get it over to me, I'll have a look at it,
0:40:32 > 0:40:35"because I am the PA to the CEO, Harriet."
0:40:35 > 0:40:38I've got a funny feeling even though Thomas Cook did give
0:40:38 > 0:40:42a bit of money back to Nicola and Simon, I might be able to get more.
0:40:43 > 0:40:45And it just goes to show
0:40:45 > 0:40:48how calling through to the top gets you somewhere.
0:40:48 > 0:40:52I promised Nicola and Simon I'd get them more. Guess what?
0:40:52 > 0:40:55Thomas Cook have e-mailed me saying they have upped their offer
0:40:55 > 0:40:57to reflect the points I raised with them.
0:40:57 > 0:41:00I've passed the e-mail onto Nicola.
0:41:01 > 0:41:04"We appreciate how frustrating flight delays can be,
0:41:04 > 0:41:08"so we'd like to reiterate our apology for the inconvenience
0:41:08 > 0:41:10"caused by the delay to Miss Ross.
0:41:10 > 0:41:14"The booking was for two adults and two infants including one free
0:41:14 > 0:41:20"child place which carried a £1 admin charge and one infant at £49."
0:41:20 > 0:41:24'Thomas Cook have also agreed to treat Callum as a paying passenger.'
0:41:24 > 0:41:29"We are offering Miss Ross three times 400 euros and a refund
0:41:29 > 0:41:32"for the in-flight meals for the flight
0:41:32 > 0:41:36"which equates to the total of £1,037.
0:41:36 > 0:41:38"This payment will be transferred
0:41:38 > 0:41:40"into her bank account within the next few days."
0:41:40 > 0:41:44To be honest, I'm happy with that.
0:41:44 > 0:41:47It was more than what I thought they would ever offer
0:41:47 > 0:41:49and I think it's a great outcome.
0:41:49 > 0:41:52I'm really, really pleased with that and surprised.
0:41:54 > 0:41:57I wrote to Thomas Cook regarding the cases
0:41:57 > 0:41:59and they issued the following statement.
0:42:41 > 0:42:46Thanks, Dom, for helping us get this far with Thomas Cook.
0:42:46 > 0:42:49I would never have been able to do this without your help.
0:42:49 > 0:42:52I'm pleased I went that extra mile for Nicola and Simon,
0:42:52 > 0:42:53cos it just goes to show,
0:42:53 > 0:42:57if you believe you're entitled to something, keep on plugging away.
0:42:57 > 0:43:01And do you know what? Let that be a lesson to the airlines, too.
0:43:01 > 0:43:03OK, delays happen, we know that,
0:43:03 > 0:43:06but if your customers are entitled to something, let them have it.