Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

The regulation states you must present at the gate to be eligible for compensation under reg 261/2004.
As you have discovered, not all insurance covers you for delays in getting to the airport. Have you only been paid half because there are 2 different people with 2 different insurance policies? If not and the same policies cover the same people, I would have thought that the policy that has paid out should pay the full amount. Your other policy doesn't cover you so the paying policy should, in full. A technicality and one that you will probably have to fight for.

ThirdThoughts

TUI flight due to departed from Gatwick 15.40 on Sunday 18th March . Delay 5 hours plus Reason out bound flight had to be diverted to Lyon and original destination was snowbound.and closed IThe aircraft was standing at Lyon for 4 hours waiting for bus to arrive.as they had to bus skiers from resort to Lyon. TUI claim they had no other aircraft available to fly us out so we had to wait for delayed flight to return from Lyon.. if they had a replacement aircraft we would have departed on time. We claimed they had time to organise but thy dismissed any flight delay compensation as it was a weather issue. What is the situation in such cases

jpsartre

It's a grey area. As I mentioned in your other thread you may have a case but it is highly unlikely that TUI will pay out unless they are forced to.

Justice13075

Put your flight details into bottonline and euclaim and see what they say.

Justice13075

Reading the post it would appear that CEDR have said that the Pilot falling ill during the flight (if that was the reason) is not an extra ordinary circumstance. You were on pretty solid ground anyway because this happened on a previous flight. you can use CEDR yourself or send them a letter before action.

Tyzap

ThirdThoughts wrote: »

TUI flight due to departed from Gatwick 15.40 on Sunday 18th March . Delay 5 hours plus Reason out bound flight had to be diverted to Lyon and original destination was snowbound.and closed IThe aircraft was standing at Lyon for 4 hours waiting for bus to arrive.as they had to bus skiers from resort to Lyon. TUI claim they had no other aircraft available to fly us out so we had to wait for delayed flight to return from Lyon.. if they had a replacement aircraft we would have departed on time. We claimed they had time to organise but thy dismissed any flight delay compensation as it was a weather issue. What is the situation in such cases

Snow in a ski resort! that's not unusual, so TUI cannot say that it is an 'extraordinary circumstance' (EC) and refuse to pay compensation. Especially when it did not directly affect your flight either.

Definitely a valid claim IMO.

jgardi7

Hi we have been doing battle with TUi for nearly 4 months. Our flight to Roveniemi TOM7732 on 10th December was originally delayed due to snow. We were told to return the following morning at 3.15 am for a flight at 06.15 am (no help was given to find accommodation). THe following morning we were offered a refund for part of the trip, or a full refund if we chose not to go. We chose to take the refund and take the shortened trip. However the rescheduled flight did not take off until 10.30 over 4 and a quarter hours late. (it landed 4 and a quarter hours late too) There was no snow or act of god causing the delay just TUi incompetence. So we feel we should be entitled to the original refund plus the delay compensation.

Under the EU guidelines we should be compensated if our flight lands over 3 hours late. After much hounding TUi's response is that the original delay was for snow and therefore we are not entitled to compensation. There was no snow on the date of the rescheduled flight. Is the rescheduled flight still treated as the original one? I accept the flight number remains the same but the departure date was different, and in my view should be treated as a separate entity.
Any advice? Thanks in anticipation.

Tyzap

Hi jgardi7,

I don't think there is a clearcut, simple answer to your problem.

The original delay is an accepted extraordinary circumstance (EC), so no compensation due for that. However, they should have looked after you, meals, hotel, food etc, if you have any receipts for those costs you can reclaim them from the airline.

Also, we do not know yet what the actual reason was for the second delay, it could also be an EC, although I doubt that.

The uncertain bit is whether, by accepting a different holiday (contract) for the next day, this could possibly be seen as a different holiday and a new delay, not just a continuation of the previous days. In which case compensation could be due.

There is no doubt that the airline would put up a vigorous defence of their position.

On the other hand the regulations were brought into law by the EC as additional support for passengers when things go wrong. A judge may say the airline had two bites of the cherry and still got it wrong, but that is the risk you would have to take via MCOL. I would not recommend referring your case to CEDR due to these complications.

Perhaps start by contacting a good quality NWNF solicitor and run it by them, I doubt the online calculators would be accurate in this case. It's 50/50 if they would be willing to take it on due to it's uniqueness imo.

My conclusion is that, if you feel strongly enough, you would have to prepare a good case yourself and start MCOL proceedings.

If that seems daunting, just claim your additional costs and forget the compensation.

Have a good read of Vaubans great guide, see how below.

Good luck.

JPears

However I still think there is a case even if the rescheduled flight is not a new flight/holiday.
Yes, the original flight cancellation was an EC (assuming it was snow at the departure airport that caused the delay?)
Yet they were given a new departure time the folowing day. That was delayed again. Unless this dealy was an EC too, then I feel compensation is due.
If you had to pay your own accomodation and food, you can reclaim these if you have receipts.

NoviceAngel

I agree with all the points mentioned above, the but the bit about a refund bothers me, they could argue that the passenger accepted a refund so duty of care was negated - but if I’m reading it correct, the refund wasn’t for the flight or indeed accepted on the day of the delay but the following day AFTER they should have paid for accommodation, transfers and meals.

Good luck with your claim and please keep us informed- it’s an interesting one.