Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

JPears wrote: »

However I still think there is a case even if the rescheduled flight is not a new flight/holiday.

Wishful thinking, but impossible!

Have you ever seen a passenger get compensation for the same delay twice?

As you confirmed yourself, the original delay was an EC so no compensation due. Just because it then gets further delayed doesn't mean you then qualify.

Each time the airline gives a new departure time, which then gets extended, then further extended, you would qualify for more and more compensation following your reading.

When I was delayed with Jet2 we were given about 4 different departure times, but I only received compensation once. I'm sure the most venerable legal minds in the country would not have missed that opportunity, had it been a viable option.

The only exception would be when you get rerouted onto a different flight with a different flight number and then it too gets delayed.

JPears

Assuming they had been rebooked on the rescheduled flight and not next day's normal flight that was delayed...

jgardi7

Thanks for all of the comments. The original compensation was offered as we had missed the first day of a 3 day trip along with all of the activities that formed part of our package.

The flight the following day had the same flight number. Having arrived at 04.15 given no information throughout the day (we did get a meal voucher) We were told to leave the airport 15.45 ( go through immigration reclaim bags etc), and turn return at 03.15 am as new flight mandates boarding cards etc had to be issued for a flight leaving at 06.15.

The plane we flew on day 2 was not the original one we had boarded before the snow came down. The airport had re-opened that afternoon and there were planes taking off and landing. We could not fly because there was no crew with available hours.

Clearly we feel very aggrieved, and Tui's customer complaints people are very well drilled in issuing standard responses which appear to ignore every point you have made. Unless there is an external resource that can confirm the reason for delay (which I suspect Tui will have filed the information) I suspect we are banging our heads against a wall. While it only seems reasonable to me that a flight on a different day on a different plane is not the same flight, I suspect that if it has the same number it will be considered to be the same.

JPears

No, flight numbers are usually the same, day in day out.
However it looks though the flight only goes once a week.
So you were still on the same flight, not the next day's flight.
Presumably the snow was at Birmingham?

jgardi7

Yes it was Birmingham. The irony was one of the reasons we were going to Lapland was my 5yr old daughter had never seen snow before!

Many thanks, I think that concludes it for me. I dont like to give up here as Tui were terrible the whole way through and we will never travel with them again. Time to move on with my life. Many thanks

Tyzap

jgardi7 wrote: »

Yes it was Birmingham. The irony was one of the reasons we were going to Lapland was my 5yr old daughter had never seen snow before!

Many thanks, I think that concludes it for me. I dont like to give up here as Tui were terrible the whole way through and we will never travel with them again. Time to move on with my life. Many thanks

Hi again,

Was your flight originally due to depart at 6.15 but left at 10.30 the following day with a total departure delay of 28.5 hours?

If that is the case there is hope yet.... crew going out of hours is not an EC, and even if snow is what caused the original delay the airline did not take reasonable measures to mitigate the delay once the snow cleared.. This is what the regs say...

e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances
Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis.

Good luck.

JPears

Reasonableness "hurdle" /arguement did come to mind, especially if flights were departing from Birmingham later in the day. TYUI could argue ATC restrictions however I don't think Birmingham is a super busy airport like Heathrow or Gatwick or Manchester?

Tyzap

It seems that Birmingham was closed till about 15.00, so a fair old closure, but maybe they could have still got to Finland the same day, had it not been for a lack of staff to get them there.

Had TUI organised their resources better they could possibly have minimised the delay to around 9 hours, rather than the actual 28.5 delay.

If that is the case, then most of the delay is due to TUI's own 'operational issues'

NoviceAngel

I think the correct route might well be a good NWNF Solicitor, because the initial delay was a genuine EC, I agree TUI did nothing and seem to be content to delay the flight overnight because it was more convenient for them.

They will argue that they couldn’t get a takeoff slot and bring ATC restrictions into it, even if there wasn’t any.

I’d issue the NBA, then consider your options then. You never know what reaction you’ll get. I’d copy and paste from Tyzaps post with the actual wording of the regs, and tell them that you don’t think that it was necessary to delay the flight overnight as the airport re-opened later that day.

Good luck

NoviceAngel

Tyzap

The initial delay was an EC so the NWNF calculators will/should reject the claim.