Airlines Don't Get Done Get Dom

My name is Dominic Littlewood

and I am passionate about taking on your consumer battles.

In fact, taking companies to task has become my goal.

Could you let her know that I've tried to call

because she's probably quite keen to speak to me?

Big or small, no company is excused from my quest to ensure that

you guys get what you're entitled to.

Let us know if you don't get sorted.

So, whether you've been misled...

We then looked at another window and that had turned yellow as well.

It was a bit of a panic, to be truthful.

..or are simply not satisfied...

It all started to go wrong when they were installing the kitchen.

We asked them to stop and get it right.

..whatever the issues, I'm here to help.

Holidays. Supposed to be relaxing, right?

Well, I'm helping out two families whose time in the sun left them

feeling burnt out.

They were just point-blank refusing to give any accommodation to anybody.

Buying gadgets abroad may be cheaper,

but you could end up out of pocket...

They made it very clear immediately after suggesting that,

that that would be at my cost and any repairs would be at my cost.

..and I ask if you really know

what the term "extraordinary circumstances" means

when your flight has been delayed.

I'm tackling your consumer issues to make sure that YOU don't get done.

Us Brits love our annual holidays,

and most of us have to save up all year long to be able to afford them.

August just gone, seven million of us jetted off abroad.

And what are we hoping for when we go on holiday?

A stress-free time.

Sometimes, though, we don't get it.

And what is the main cause of that stress?

Delays at the airport.

But in 2004, new rules came in to take the sting out of the dreaded delay.

Not only would you be guaranteed food, water and accommodation

if necessary, but you'd also be able to claim compensation -

something that should help us

relax a little bit before we hit the beach.

Problem is, I've been contacted by people whose flights were delayed

and they didn't get what they were entitled to.

Take Nicola, partner Simon and kids Caitlin and Callum,

who booked a long-awaited two-week holiday to Turkey

through Thomas Cook in June 2013.

It was a long time coming to just go away and relax, chill out,

have a great time.

We were really excited the week before we were going away.

We've always booked with Thomas Cook to go away on holiday.

Every year we've been on holiday abroad

we've always booked with Thomas Cook.

The family paid Thomas Cook a hard-earned £1,190

for their summer holiday

and arrived in Turkey without a hitch.

The holiday overall was great. We enjoyed ourselves.

We had a great time. The hotel that we'd stayed at was really nice.

The staff were really nice.

And the kids really enjoyed themselves,

and it was what you would expect a holiday to be.

After a fantastic holiday had by all, it was time to pack up

and return to Blighty.

But the Thomas Cook rep had some bad news for the family.

The flight had been delayed by six hours

because there was something wrong with the plane at East Midlands.

And things got worse at the airport

when the Thomas Cook rep had more bad news.

And then she stood up

and had said that the flight was delayed even longer.

They didn't think it was going to be leaving

till around six in the morning.

Well, at this point, the whole flight just went nuts at her.

Faced with a prospect of a lengthy delay and two young kids in tow,

the memories of a great holiday were fading fast.

Nicola asked the rep

if they would be provided with a hotel for the night.

She said, "No, you won't be staying in any accommodation.

"You'll have to stay within the airport."

And we had to take towels out of our hand luggage,

but they were wet from being down at the pool the day before.

So Caitlin was sleeping on damp, wet towels,

and they were just point-blank refusing to give any accommodation to anybody.

So, no accommodation. A night on an airport floor.

A 12-hour delay.

And eventually a flight to Manchester instead of East Midlands.

They got home 15 hours later than they should have.

Happy holidays(!)

It put a dampener on the whole holiday.

After a bus ride from Manchester, Nicola filed a complaint

and broached the subject of no hotel and a demand for compensation

they were entitled to, which, under the regulations,

is 400 euros per paying customer.

But as the months wore on...

It was really, really frustrating.

It was more the responses, how they were not human responses -

it was just like an e-mail that they'll send to anybody

and just put your name at the top.

That e-mail read that there had been a technical fault with the plane

that Thomas Cook considered an extraordinary circumstance,

so the 12-hour delay was out of their control -

which meant no compensation.

Never once did they answer any of the questions.

They just kept sending template e-mails back to me.

And then the last one was, "Your case is closed - there's nothing we can do."

At that point I said that I would take it further.

So then that's when I e-mailed Don't Get Done Get Dom.

Because Thomas Cook clearly were not helping at all.

Sounds like a horrible way to end your holiday.

But Nicola isn't the only disgruntled Thomas Cook customer

who has contacted me regarding a long delay.

Alan Tebay had also planned a special trip through Thomas Cook.

He jetted off to India with his wife Patricia and two close friends.

We planned the holiday to Goa in 2012

to celebrate our ruby wedding anniversary.

We chose Thomas Cook because the flights were quite reasonable

and they were direct flights.

A ruby wedding anniversary. Now, THAT'S pretty special!

We had a really, really good time.

Every day we were up walking along the beach,

enjoying the beach bars as you go along, going to different towns.

We went for rides on elephants.

People are so, so friendly.

That's why we like going there.

A wonderful holiday.

But just like Nicola and her family, trouble was not far away.

We came to get the taxi to go back to the airport to get the flight home.

When we arrived at the airport, that's when it all went wrong -

when we were first told we were going to be delayed at least 24 hours.

Fortunately for Alan and his wife, they WERE offered accommodation.

We loaded onto this old rickety bus and went to this lovely hotel.

With a roof over their heads for the night,

they were still none the wiser when it came to what had caused the delay.

Nobody contacted us at all at the hotel, no rep came round,

which we expected someone to turn up

and explain in a little bit more detail what had gone wrong,

but we were just left in limbo at the hotel.

The couple eventually flew home the following day,

over 25 hours later than scheduled,

and Alan knew there was a chance he may be entitled to compensation.

At the time we didn't know what had caused the delay.

We knew there had been a problem with the aircraft,

but they didn't explain at the time what it was.

So we weren't sure if we were in the right or in the wrong in claiming,

but we thought, "We'll start the process

"and Thomas Cook will tell us whether we're right or wrong."

So I wrote the letter to them,

explained the fact that we were 25 hours and 20 minutes late

and that according to this EU regulation

we were entitled to the 600 euros per person.

Alan knew the regulations and quoted EU law 261,

which states that if you are delayed for more than three hours,

and depending on the length of your flight,

that you could be entitled

to up to 600 euros per paying passenger.

Well done, that man!

It was probably getting on for six months

before I got the full reply back.

I received a letter from Thomas Cook dated 3rd June,

stating that the problem was caused due to the engine stall,

and this was deemed as extraordinary circumstances

and they would not be paying out any compensation.

Extraordinarily similar to Nicola's reply.

Alan was told this engine stall had occurred on a previous flight leg

and it was this problem that Thomas Cook referred to

as an "extraordinary circumstance".

The response I got from Thomas Cook was not satisfactory

because they failed to give me the information I asked for.

All they kept referring to was "extraordinary circumstances",

which is just pie in the sky, really.

Alan just wanted to know where and when the engine stall had happened

because if it had happened several legs earlier,

then Thomas Cook could have made alternative arrangements.

But despite chasing, Thomas Cook wouldn't tell him.

So, we've got two holidays, two long delays,

two lots of technical issues and two refusals for compensation.

But I've only got one thing on my mind right now -

that's to clear up this mess and confusion.

Time I checked in on this case.

Us Brits spend a massive £40 billion a year on our cherished holidays,

and Thomas Cook help a lot of us feel the sand between our toes.

They have over 1,000 branches nationwide

and over 15,000 employees.

Let's speak to one of them.

Hi, good afternoon. It's a message for Nick Sandham.

It's Dominic Littlewood calling.

'I've already e-mailed Thomas Cook outlining Nicola and Alan's cases,

'and I'm now trying to speak to the Head of Airline Communications

'to get his thoughts.

'Although for now, all I can do is leave a message.'

Thanks very much, bye-bye.

Right. In a couple of days' time I'm going to call him back.

Now, I've sent him correspondence via e-mail

and now also there's the voice mail,

so he knows I am going to be calling, he knows what it's about.

I have to wait and see.

Both Alan and Nicola were aware they might be entitled

to some competition for their delays

and I indeed intend to help them find out.

Flight delays and cancellations

are covered by some pretty hefty legislation.

But do you know your rights? Let's find out.

At what point do you think you would be entitled to compensation

if your flight was delayed or cancelled?

I suppose over a period of time.

-If it was delayed for more than...

-Five hours.

..a few hours or something like that, maybe.

Have you any idea what you're entitled to

-if your plane or flight was delayed?

-No.

-It was from Ibiza back to Gatwick.

-OK.

And we had to go all the way back to the hotel because it was delayed.

-All right, OK. Did you get some compensation?

-No.

Have you ever been on a flight that was delayed or cancelled?

-Delayed, yeah.

-By how long?

Um, probably about five hours, I don't know.

I can't remember, it was a long time ago.

Did you apply or get any compensation?

I'm pretty sure we got some food vouchers for the airport.

Would you know what your rights are as far as compensation is concerned?

I would have no idea whatsoever.

I'm guessing you'd have to read a lot of small print.

It seems not many of you are that clued-up with your rights,

so in a nutshell, if your delay is less than three hours

but more than two, you are entitled to refreshments, a meal,

a couple of phone calls, and an e-mail if you need it.

If it's more than three, you're entitled to compensation for each

and every paying passenger and that varies between 250 euros and 600.

So get clued-up or lose out!

And the more clued-up I get on this case,

the more I'm going to start needing answers from Thomas Cook.

All they've been told is that it was a technical fault.

They've requested confirmation of what that technical fault is.

What they believe is, under the EU laws,

they're entitled to compensation.

Summer holidays.

Relaxing on the beaches, soaking up the sun

and enjoying the bargain shopping.

But that holiday purchase might just come at a price.

Take Philip.

In 2012, he and his family were about to

embark on a three-week trip of a lifetime.

We went to see my friend Peter who lives in Louisville in Kentucky

and we went and stayed in a lake house with eight adults

and - wait for it - 12 children.

But when it came to packing their bags,

one holiday essential was left out in the cold.

We had a good look at what we needed to take for the holiday

and discovered that the camera that we had had actually broken.

We thought OK, not to worry, everyone else will have cameras.

Leaving their camera at home, the family embarked on their holiday

and in a flash found themselves Stateside.

We spent the whole of one week

in a lake area using speedboats

and so on, playing in the water.

We could see the other chaps taking pictures

and we thought actually, it would be really nice to take

some of our own to get our own interpretation of what was happening.

Philip had started to feel a bit negative about his lack of snaps.

It occurred to us we ought to get a camera that had splash-proof or

even waterproof capabilities.

When it came to the camera itself, he knew exactly what he was after.

Panasonic was the brand coming up and the Lumix brand name came up.

We found the right one in the right price bracket and ordered it.

Sure enough, the camera arrived within days.

We opened it all up, put in the SD card,

turned it on and it did exactly what it was supposed to, it was perfect.

We started using it absolutely immediately, that day we took it out.

We did a lot of photography in and around the lakeside.

We took lots and lots of photos.

We then took it on to Florida for the rest of our holiday and used

it in the Disney water parks and so on and got some great pictures.

We were very, very happy with its performance.

But sadly for Philip, this snapshot of Paradise would prove

little more than a holiday romance.

After our holiday,

we arrived home sort of early August

and we didn't really use the camera then for a week or so.

We turned it on and the immediate message that

came on the back of the screen was "zoom function error".

Unsure what was wrong with the camera, Philip contacted Panasonic.

The lady on the other end of the line told me that the

camera was not under guarantee in the UK.

They said that one of the countries that they cannot honour

a warranty for is the United States.

I was a little bit perplexed by it.

Confused, Philip e-mailed Panasonic's customer services.

They did suggest that I take the camera

to an authorised repair centre.

They made it very clear immediately after suggesting that,

that that would be at my cost and that any repairs would be at my cost.

He was left with no choice

but to send the 149 camera back to the States with his mum who

was visiting his friend Peter, where its warranty was valid.

The camera was fixed within two weeks and luckily returned to

Philip when Peter visited the UK two months later. A long, tough lesson.

It really never occurred to me that there

could potentially be a problem with the warranty by buying

in the States and living in the UK with the product.

It seems Philip isn't the only one to fall foul

when buying something abroad.

Because I've been contacted by Neil Considine,

who on a recent trip to Thailand, spent £900 on two Samsung phones.

Everything was great, but when he got home,

one of the devices developed a fault.

He contacted the technical department at Samsung UK,

who told him they were unable to repair his phone as it was

bought outside the EU.

They told him to contact Samsung in Thailand to resolve the problem.

So, like Philip, his only option was to ship the product

back to the country where he had bought it.

Not ideal.

We contacted the UK offices of both Panasonic and Samsung.

Panasonic issued the following statement.

And Samsung stated that:

So next time you're abroad

and are thinking about splashing the cash, take stock of my top tips.

Check that your goods will be protected when you're at home.

Make sure to look into your warranty - what does it cover

and how long does it last?

Beware of hidden costs like import duties.

They can prove a nasty surprise when you're trying to

bring your new goods home

and finally, get a contact.

If something goes wrong with your purchase,

you'll want to get in touch with the seller and that can prove easier

said than done when you're trying to reach Sri Lanka from Slough.

That way, you won't get done.

I'm investigating the cases of two holidaymakers who were

hit by massive delays on their way home.

Both were denied compensation because they had been told

their delay had been caused by "extraordinary circumstances".

I personally think the extraordinary circumstance

used by the airlines is a get-out clause because you can put all sorts

of excuses into that pot and use it as an extraordinary circumstance.

When they said it was extraordinary circumstances, that's fine,

but what was wrong with the plane?

They've never gone into detail as to what it was,

you just keep saying it was extraordinary circumstances.

But what WAS it?

Nicola and Simon were also denied overnight accommodation whilst

they waited for their flight back from Turkey.

I've asked them to investigate their basic rights under the new EU

regulations relating to their delay.

Airlines are obliged to provide assistance to passengers

including refreshments, accommodation where necessary...

That would mean that we should have been offered accommodation,

at least.

Well, it is in the regulations.

It's also important that they both understand what exactly constitutes

an "extraordinary circumstance".

"The event has to meet three criteria.

"Unpredictable, unavoidable and external.

"In each of the following examples,

"the air carrier must provide proof of circumstances alleged

"and it must also clearly demonstrate how these circumstances

"resulted in the flight disruption."

Well, that's what they never, ever did.

They never, ever explained what the extraordinary circumstance was.

Technical issues... "Technical issues were found during maintenance..."

So as long as they show that they've maintained the aircraft,

and show that it's been done properly,

they can use it as an extraordinary circumstance.

-That list is quite big.

-It is.

There's like 35 points of what it could be.

That's what she kept saying, "technical issues".

That's why we were getting mad...

They wouldn't say what the technical issue was. Yeah.

But they can't do that

because according to the Court of European Communities

which ruled on these regulations, a technical problem

in an aircraft cannot be regarded as an extraordinary circumstance -

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.

Now let's put that into layman's terms.

Right, so if a delay is outside the airline's control,

it's classed as an extraordinary circumstance.

I think I've got that one now.

Crucially, that means I need to find out if Alan's engine stall

and Nicola's technical fault were outside the airlines' control.

To try and discover whether Alan's engine stall was an extraordinary

circumstance, I've arranged for him to meet

aeronautical engineer Dr Rahulan,

to shed some light on the matter.

Alan has travelled to Salford University Aviation

Engineering department to get a definitive answer.

-Is an engine stall very, very serious?

-It can be.

Can be catastrophic?

It CAN be catastrophic if the conditions,

-the breakdown is particularly bad.

-Right.

It can result in immediate damage to internal components.

And in your experience, how many engine stalls have you heard about?

On commercial aircraft.

They are rarer than they used to be,

going back about 25 years.

As a general rule, if they suspect that it's a catastrophic

failure inside the engine,

then the advice is to return back to the airport as quickly as possible.

This engine is extremely complicated

and it's impossible to keep tabs on every single component.

These things don't happen that often, do they?

It's not going to be an everyday occurrence

and is not going to happen twice on the same engine, is it? Or it shouldn't do.

The good news is that it does not happen on a regular basis these days.

We understand a lot more about the flow behaviour inside the engine.

I fly quite regularly,

and I can't remember the last time we had an engine problem.

OK, it's clearly a very serious fault.

But should it be classed as an extraordinary circumstance?

With my own experience, we were due to fly back from Goa last year.

The flight was delayed for 24 hours.

Normally, that sort of major change would require

-something like 24 hours or so.

-24 hours.

But it most importantly depends on the availability of spares,

personnel, because you do need licenced engineers to conduct

this sort of high-level operation.

It takes around 24 hours to change a jet engine,

which corresponds to the length of time that Alan's flight was

delayed, which backs up Thomas Cook's explanation that the stall

was beyond their control

and certainly not something that can be fixed in a matter of minutes.

From what the doctor has explained, it is

an extraordinary circumstance for this to happen,

but it still doesn't answer my question -

where was the plane when the incident happened?

It's not great news for Alan, I'm afraid,

because he has found out an engine stall is

classed as an extraordinary circumstance and that has been

backed up in a phone call from Thomas Cook to my office today.

However, Alan's gripe is - where and when did that stall take place?

'And if it had happened four or five flights before this,

'surely Thomas Cook could have done something about it?

'I have been asked to deal with the press office rather than

'customer services so I want to get back on the phone to them to see

'if I can get some answers.'

Beth. Hello there.

My name is Dominic Littlewood. I'm calling from the BBC.

I was hoping to speak to the head of your comms.

I think that is Nick Sandham, isn't it?

'Nick is out of the country so his colleague, Beth,

'agrees to listen to my questions and pass them on to him.'

They weren't offered or given hotel accommodation.

They ended up sleeping on their damp beach towels in the airport.

All they have been told is it was a technical fault.

They have requested confirmation of what that technical fault is.

What they believe is, under the EU laws,

they are entitled to compensation.

They haven't been able to receive

an explanation other than it is a technical fault.

'I have made my case for Nicola. So now on to Alan's.'

His technical problem was explained to him.

Apparently, the engine had a stall.

But, that plane had an engine stall on a previous journey.

Therefore, that is something

which hasn't caught Thomas Cook necessarily off-guard.

It is something they should have been aware of

and perhaps a different plane should have been used.

-I'm going to give him a ring.

-OK.

-And let him know and I'm going to give you a ring...

-Perfect.

..on that number, because he is definitely the best person

-because he knows all sorts of EU regulations.

-Yes.

-He's the man to speak to.

-He is the man.

'Well, if Nick knows his EU regulations, I think

'we'll be on the same hymn sheet.'

-Speak to you soon. Bye-bye.

-Bye-bye.

To try and get some clarity on the regulations,

I have asked the CAA for a meeting.

The Civil Aviation Authority is the UK's specialist aviation regulator.

And with the regulations open to a certain amount of interpretation,

it's their role to make these things clearer for the passenger.

Something which keeps coming up, it's a common denominator,

is the term "extraordinary circumstances".

Well, extraordinary circumstances does cover

an awful lot of occasions for delay and cancellation

and many of the occasions, it is a justified use of the exemption.

I mean, if you have snow or fog or maybe an air traffic control

strike, those are all things that are outside the airline's control

and essentially, that's what the term means.

Are people legally entitled to a good explanation of what

an extraordinary circumstance is?

Well, the legislation talks about the airline having to demonstrate

extraordinary circumstances.

And we, along with other enforcement bodies across Europe,

think that it's really important that airlines

do give a clear explanation of what happens.

So under the EU laws, if somebody requests a good explanation,

-they are entitled to one.

-They are. They are entitled to that, yes.

Well, Thomas Cook still hasn't told Alan

where and when the engine stall happened.

And Nicola has only ever been told that her flight was delayed

due to a technical fault. Clearly, these regulations are falling short.

In your opinion, Jackie, do they need updating?

Well, there's a process at the moment that Europe is

looking at updating the regulation. But it will take quite some time.

The legal process in Europe is quite slow.

But the European Parliament has already been

looking at the regulation.

But it probably won't be until about 2015 until something changes.

If and when airlines do give the exact reason for delay,

there are some that, in the CAA's opinion, are not extraordinary.

We have seen things like fuel leaks that have

occurred during maintenance and then the maintenance has

overrun, which is what has led to the delay, and we say

that that is not an extraordinary circumstance in our view.

And we have also seen things where perhaps a baggage truck has

hit an aircraft, and that has been done by somebody who is

actually contracted to the airline, and again,

we say that's something that's within their control.

What about if I was delayed because a plane had

a problem on a previous leg of the journey prior to getting to me?

The airline has to show that it took all reasonable measures to avoid

what happened to you.

So sometimes, it's just not possible to fix the problem

so that the next leg can operate in the same way.

-This is a case of each incident is taken on its merits, is it?

-It is.

That's absolutely right, yes.

The regulations regarding extraordinary circumstances

and compensation should be clearer,

which makes me wonder

whether more could be done to protect us consumers.

The lady I'm trying to help at the moment was told that she

wasn't offered hotel accommodation and it was a huge delay. It was overnight.

I don't consider that acceptable. Do you? And what can she do about that?

No, we don't, and I think we very much encourage airlines to

provide hotels for passengers but sometimes, when there is really

big disruption, it can genuinely be quite hard to source hotels.

If the airline can't provide a hotel, then book one yourself, try and

get some guidance from the airline on how much they will reimburse you.

Keep all your receipts and make a claim after the event. Claim it back.

-Jackie, thanks ever so much for your time.

-Thank you.

Much appreciated.

I find that meeting very helpful,

but the way that I would summarise that would be to say that I don't

think the rules are unfair, I think they're still a little bit unclear.

It's only fair that airlines can deny compensation

if the delay is outside of their control.

In other words, if it's an extraordinary circumstance.

But I think we have the right to know what the cause was.

The changes they are discussing

can't come soon enough for holidaymakers -

like in my cases, where it's far from clear-cut.

Name some of the extraordinary circumstances.

-What do you think they might be?

-Snow... Hurricane... tsunami...

What about if the plane had to make an emergency landing

because it has a serious technical issue? Could you claim?

-I would probably say yes, you should.

-You can't.

If it's a serious technical issue, they have to land.

That's a plane with serious technical issues.

-It looks like it's about to crash.

-Mm.

-Would you class that as exceptional?

-Yes.

-So would I.

What about the plane developed a technical fault

-and has to make an emergency landing?

-It would have to be.

-As long as they didn't know about it before the plane took off?

-Yes.

What about if a bird flew into the engine,

-would that be an extraordinary circumstance?

-Yes!

It should look where it's going, shouldn't it?

-What, the pilot or the bird?

-Both of them!

-Correct.

Bird strikes are definitely extraordinary.

Volcanic ash. Remember when that happened a couple of years ago?

-Yes, yes.

-Now, would that be a reason for airlines not to pay up?

-No.

-Wrong. You can't blame an airline for a volcanic eruption.

That's an alarm clock. What about if the pilot oversleeps?

-Would that be extraordinary circumstances?

-No.

-You're right.

-It's his problem!

-It wouldn't be. Yes.

So, do you think you are entitled to claim compensation

-if the pilot oversleeps?

-I would say so, yes.

-Yes. Spot on.

-Is that an exceptional circumstance?

-Yes.

-No.

-Why not?

We can say we're not paying out because the pilot overslept.

If a passenger was taken ill on the flight,

-would that be extraordinary circumstances?

-Yes.

That happened to me when I was going to Kenya once.

Somebody took bad before we took off...

-And how long was it delayed for?

-An hour or more.

-Great, OK.

If it was just an hour or more, you probably weren't entitled to anything.

Over two hours, over three hours, then you are.

Seems like it wasn't too extraordinary for me

to discover that not many of us

really know what constitutes an extraordinary circumstance.

Take it from me, do some homework if your flight is delayed.

And if it's within the airline's control, you never know,

you may just be entitled to some compensation.

I have been wrangling with Thomas Cook over their refusal to

pay compensation to their customers under EU regulations.

I can tell you, it's been a tricky one.

But things are moving in the right direction.

The important thing is, I used the CEO's details,

which I got off the internet, mentioned that,

and all of a sudden, people start thinking "We need to sort it out,

"because otherwise he might be on the phone to the big cheese."

Alan met an aeronautical engineer and discovered that the engine

stall on a previous leg to the flight that was supposed to

return him from Goa was an extraordinary circumstance

and was outside the airline's control but he still wants

answers about when exactly the stall happened and why Thomas Cook

didn't make alternative arrangements in order to avoid the delay.

All I was trying to establish from Thomas Cook,

did this engine stall occur between Manchester and Goa or did it

occur somewhere else, but they just will not give me this answer.

And according to the Civil Aviation Authority, that's not good enough.

Well, I think, when the airline first responds to the passenger,

they should really give a very clear explanation of what's happened,

so they should explain the reason that the flight was cancelled

or delayed and also why they felt there was nothing else

they could do to avoid that disruption.

Well, Alan has never been told any of this and his point is that

if the stall happened three or four flights before this,

Thomas Cook should have got in another plane.

I have received an e-mail from Thomas Cook that finally

confirms that the engine stall and then subsequent engine change

happened on a flight from Cancun to Manchester but it happened

on that plane the day before

Alan was due to be flying back from Goa.

Now, Thomas Cook's e-mail says...

Their engineers confirm it was a fault outside of their control

and that they also didn't have time or resources

to draft in an alternative plane, so it was, in essence,

an extraordinary circumstance.

So, Alan may not be entitled to compensation,

but at least he's got his answer.

I think airlines would make theirselves much easier to understand

if they explained things in plain English to people

and not use this fantastic phrase "extraordinary circumstances",

because that to me and to most travellers

doesn't mean anything at all.

If they gave us the full and proper details what exactly went wrong,

people would be much happier.

Well, anything that makes things clearer

for passengers can only be a good thing.

I've also heard back from Thomas Cook about Nicola's case

and they have admitted that her delay

wasn't because of a technical fault.

Basically, it was late out of routine maintenance,

which means under EU regulations, Nicola is entitled to compensation.

Bingo!

Interestingly, my office has been contacted

and it seems an offer is on the table from Thomas Cook,

but they have only offered compensation for the delay

to Nicola and Simon, not their kids,

but the regulations state that it's due to each paying customer.

I responded with an e-mail acknowledging daughter

Caitlin wasn't a paying customer as her flight was part of the package,

but the family did pay Thomas Cook £49 for son Callum

to fly, therefore he's a paying customer.

I don't think it's enough.

I'm going to go in with a phone call now and ask them for more.

Now, whether I'll get an answer now or not, I don't know,

but I'm certainly going to sow the seed.

'And yet again I'm forced to leave a voice mail letting them

'know that we need to talk.'

Hi, Nick. It's Dominic Littlewood from Don't Get Done Get Dom.

I'm going to try you on your mobile,

so if I don't get through to you on there,

I'll leave a voice mail with a phone number and hopefully

I'll be able to speak to you this afternoon. Thanks, Nick. Bye-bye.

'You know me, if at first you don't succeed,

'call Nick's mobile.'

Hi, Nick, it's Dominic Littlewood from Don't Get Done Get Dom,

I've called your landline number,

but I'm obviously having trouble getting hold of you.

I'm off to meet Nicola Ross in a short while

and I just needed to speak to you prior to meeting her if possible.

So I would appreciate a call back.

Thanks ever so much, Nick. Bye-bye.

Right, I've left a voice mail. What more can I do?

Just wait for them to ring me back. Oh, so frustrating.

Anyhow, time to hit the road.

And it's frustrating because I know the family are entitled

to more than Thomas Cook's first offer.

I'm in Nottingham to talk to Nicola

and Simon about Thomas Cook's offer and my investigation.

Let's see what they've got to say.

-Nicola, hiya.

-Hi.

-How are you doing?

-Fine.

-How are you?

-OK if I come in?

-Yes.

Nicola, just remind me about this - I'm not going to say story -

this nightmare that you had with Thomas Cook,

-getting back from Turkey, because it was, wasn't it?

-It was.

We ended up getting home 15 hours later than we were supposed to,

not going to the airport that we were supposed to go to -

we ended up going to Manchester -

not being offered accommodation

and then with two children with you as well, it was a complete nightmare.

There was you, there was Nicola and two very young kids forced to

sleep on an airport floor using damp towels as pillows and blankets.

I could hardly believe it when I heard that.

That was the worst of, you know,

seeing your family having to get towels out

just to cover up.

-It's really bad.

-You should have been put up in a hotel.

-Mm-hm.

-End of argument.

-Yep.

-Simple as that. There's the regulations.

-They were in place. Why didn't it happen?

-Exactly.

But you shouldn't have been left

sleeping on the floor at the airport.

-No.

-End of.

-Mm-hm.

'Sleeping on floors is bad enough,

'but returning to the UK 15 hours behind schedule and Thomas Cook

'skirting EU regulations on compensation is another.'

I tell you what I thought was really bad here.

As a couple, you applied for compensation, didn't you?

Mm-hm, we did, yeah.

-Which you ARE entitled to.

-Mm-hm.

-What happened, Simon?

Er, in a nutshell, they just told us you haven't got a case and go away.

In a nutshell, that's what they actually told us.

-Because of those two words "extraordinary circumstances".

-Yes.

Now, that is a term which airlines are allowed

to use as an excuse for not paying as long as whatever the reason

was is an extraordinary circumstance and you asked them

how many times what were the extraordinary circumstances?

Every time I e-mailed them, so quite a few times.

-You never got a satisfactory answer to that, did you?

-Never. No.

Well, OK, we've heard from them and they've actually told us

the reason that flight was delayed was

because the plane was released late from maintenance.

Now you've looked at all the extraordinary circumstances,

-is that one listed there?

-No.

-What a surprise.

Which means, in a nutshell, Simon...

-We're entitled to compensation.

-Correct.

'So far, the couple have only been offered £678 for the two adults.

'This is the amount of compensation due per passenger under

'the EU regulations, but I want Thomas Cook to recognise

'the law and pay out

for Callum's seat.

'Hopefully this should go some way to help

'the family forget their night on the airport floor.'

I'm still moaning at them. I'm still having a go at them.

-I even phoned them up on my way round here.

-Mm-hm.

It went to voice mail. I'm going to keep pushing.

I'm going to try and get you more.

'I'd also like to send a message out to every passenger on that plane.

'You have six years to claim after the incident.

'If you were on that flight, number TCX5513, on 3rd July 2013,

'contact Thomas Cook because you may be entitled to compensation

'of up to 400 euros per paying passenger

'and let us know how you get on.'

Nicola and Simon's case is quite interesting,

because they were entitled to compensation,

but the airline said to them it was an extraordinary circumstance,

therefore we're not going to give it to you.

They got it eventually but only after getting me in

and it was a bit of a struggle.

If you're ever told the same excuse, look it up,

keep pushing for the right answers

and if it's not an extraordinary circumstance,

just remember you are entitled to compensation, so get it.

'Making sure Nicola's family

'gets everything they're entitled to is my job,

'so still having not heard back from the head of communications at

'Thomas Cook, there's only one place left to go - straight to the top.'

Oh, hi, it's Dominic Littlewood calling from the BBC.

Is it possible to speak to Harriet Green, please?

'Sadly, I don't get through to Harriet Green, the CEO of Thomas

'Cook, but I do get to speak to her PA and explain Nicola's situation.'

We've received communications from Thomas Cook.

They've now admitted to us

that it wasn't covered by extraordinary circumstances,

it was apparently the scheduled maintenance had overran

and, for that reason, they've turned round

and said to the couple they will give them

the EU amount they're entitled to, which is 400 euros each.

Now, the problem we've got is there's been absolutely nothing

that's come forward for all the other problems they've had.

'I also point out the shortfall in compensation

'and why they're entitled to more.'

Thomas Cook haven't done anything over

and above what they were entitled to under the regulations.

'She promises she will personally look into it and get back to me.'

Thanks, Hattie. Bye-bye.

Now, I'll tell you what's interesting there,

I've now got a new name, this lovely lady called Hattie,

who said, "Get it over to me, I'll have a look at it,

"because I am the PA to the CEO, Harriet."

I've got a funny feeling even though Thomas Cook did give

a bit of money back to Nicola and Simon, I might be able to get more.

And it just goes to show

how calling through to the top gets you somewhere.

I promised Nicola and Simon I'd get them more. Guess what?

Thomas Cook have e-mailed me saying they have upped their offer

to reflect the points I raised with them.

I've passed the e-mail onto Nicola.

"We appreciate how frustrating flight delays can be,

"so we'd like to reiterate our apology for the inconvenience

"caused by the delay to Miss Ross.

"The booking was for two adults and two infants including one free

"child place which carried a £1 admin charge and one infant at £49."

'Thomas Cook have also agreed to treat Callum as a paying passenger.'

"We are offering Miss Ross three times 400 euros and a refund

"for the in-flight meals for the flight

"which equates to the total of £1,037.

"This payment will be transferred

"into her bank account within the next few days."

To be honest, I'm happy with that.

It was more than what I thought they would ever offer

and I think it's a great outcome.

I'm really, really pleased with that and surprised.

I wrote to Thomas Cook regarding the cases

and they issued the following statement.

Thanks, Dom, for helping us get this far with Thomas Cook.

I would never have been able to do this without your help.

I'm pleased I went that extra mile for Nicola and Simon,

cos it just goes to show,

if you believe you're entitled to something, keep on plugging away.

And do you know what? Let that be a lesson to the airlines, too.

OK, delays happen, we know that,

but if your customers are entitled to something, let them have it.