Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

Hi Joolz301 and mooretr,

After some further investigation I can see that the aircraft that departed from BHX to MJB (Jamaica) on 12/12/17 was G-TUIC BY636/TOM636. This seems to be the aircraft that landed at BDA on the return flight and had a technical fault. The aircraft did not arrive back at BHX until 5.40 on 14/12/17, presumably after repair and the crew being out of flying hours.

In the mean time, and while you were waiting, an aircraft, G-TUIE was positioned up from LGW (11.40) to BHX (12.05). This aircraft then operated your flight which departed at about 14.25 13/12/17.

This all suggests that the reason for the delay may have just been for a technical diversion. Do we know for a fact that a disruptive passenger was off loaded at BDA? Regardless tho, off loading a passenger should only take an hour or two, before getting underway again.

We could do with a passenger from the diverted flight to Bermuda filling in the blanks.

You could confirm whether one or two NWNF firms believe you have a valid claim by entering your flight details into their online flight delay calculators. It looks highly likely tho.

Good luck.

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

cletus1

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

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.

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

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

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

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!

bevans

Hi
we booked with Late deals which is owned by TUI and yes we were told whilst on holiday that our return times had altered.
TUI have refused to discuss this further and so I will take it to ABTA .
Does anyone know where I might find out when and why the return flight was changed as TUI just blanked me on that when I asked.

thanks