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    • cletus1
    • By cletus1 6th Jan 18, 1:51 PM
    • 29 Posts
    • 10 Thanks
    cletus1
    Hi

    I was on the flight from MBJ and as you say the flight dirvertrd to Bermuda to transfer a passenger to hospital I have no medical opinion on this as I am not qualified to do so

    However after a hard landing in Bermuda the flight developed a technical fault and by the time this was resolved the crew had gone over their hours

    After the passenger was removed the captain told us that they would refuel and then carry on to Birmingham shortly afterwards they discovered a technical fault we sat on the runway for ages and where then transferd to a hotel
    Last edited by cletus1; 06-01-2018 at 2:18 PM.
    • cletus1
    • By cletus1 6th Jan 18, 2:34 PM
    • 29 Posts
    • 10 Thanks
    cletus1
    • legal magpie
    • By legal magpie 6th Jan 18, 5:56 PM
    • 781 Posts
    • 364 Thanks
    legal magpie
    Sounds like the delay was caused by the technical fault not the passenger issue. If, having dropped off the disruptive passenger, if such be the case, they’d set off immediately, a claim would be dubious. The test is what caused the delay, not what started it off.
    • Tyzap
    • By Tyzap 6th Jan 18, 8:53 PM
    • 1,244 Posts
    • 594 Thanks
    Tyzap
    Hi Cletus1,

    Thanks for your post and clearing things up.

    There is no doubt now that the original medical delay was caused by an EC, which exempts the airline from any compensation liability to passengers on that inbound flight.

    With regard to the technical fault which followed. This would not qualify as an EC, so much may depend upon how much time was attributed the medical emergency. However, it does seem that the technical fault caused the majority of the delay so compensation may be due.

    You could put your flight details into one or two online flight delay calculator to see if they believe you have a valid claim for compensation.


    Good luck.
    Last edited by Tyzap; 07-01-2018 at 12:26 AM. Reason: For clarification
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • cletus1
    • By cletus1 7th Jan 18, 9:57 AM
    • 29 Posts
    • 10 Thanks
    cletus1
    The passenger was removed from the flight shortly after landing in Bermuda within 20 min

    As for the time to divert, can’t say with any accuracy but we where flying over Bermuda (triangle) at the time
    • mooretr
    • By mooretr 7th Jan 18, 2:15 PM
    • 5 Posts
    • 1 Thanks
    mooretr
    TOM616 (BHX -LRM) and TOM637 (MBJ - BHX)
    Hi Cletus1,
    I have replied to Tui, mentioning that the plane set off late from MBJ to start with not allowing the time to accommodate the exceptional circumstances.

    I have quoted Wallentin (2009) and Eglitis (2011) as court rulings to support that they did not make reasonable efforts to reduce the delay.

    Am happy to share my letter as a PM with you, if you want it.
    • cletus1
    • By cletus1 7th Jan 18, 2:46 PM
    • 29 Posts
    • 10 Thanks
    cletus1
    We where never told what the technical problem was
    Perhaps the flight left MBJ with a known fault that got worse ?

    Tui have not responded to me as of yet
    • mooretr
    • By mooretr 7th Jan 18, 2:50 PM
    • 5 Posts
    • 1 Thanks
    mooretr
    Cletus 1,
    Can you confirm that your flight took off late in the first place.....also were you on the cruise?

    I have tried opening your Tui letter, but can get no further than seeing a thumbnail!
    • mooretr
    • By mooretr 10th Jan 18, 8:32 PM
    • 5 Posts
    • 1 Thanks
    mooretr
    TOM616 (BHX -LRM) and TOM637 (MBJ - BHX)
    Having been refused a claim by Thomson a second time,
    I have been referred to CEDR.

    Anyone else in the same position yet?
    • cletus1
    • By cletus1 12th Jan 18, 9:19 AM
    • 29 Posts
    • 10 Thanks
    cletus1
    CEDR isn't a court of law, so it isn't guaranteed to actually uphold EC261 (or whatever other consumer protection law is at stake)
    • JPears
    • By JPears 12th Jan 18, 10:57 AM
    • 3,407 Posts
    • 952 Thanks
    JPears
    CEDR is an adjudication service.
    Whilst legally trained, we have seen a recent case where it would appear that the adjudicator was clearly wrong on a fundamental aspect of the regulation and therefore the law.
    Fortunately you are still able to follow the legal process if you have a valid case and an ADR fails you.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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