Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

Tyzap wrote: »

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

Indeed, the OP would be better phoning them to explain fully, if that’s the route he wishes to go down.

philng

Ok I now have a response from CEDR re my claim through TUI.

Original comment 8468 & 8500 where TUI claimed the following:

We have reviewed the circumstances surrounding the delay of the flight and can confirm that in this instance the flight was delayed due to crew flight time limitations.

This was despite our Captain advising our delay was weather related knock on from over 24 hours previously and our flight was departing from Manchester to Tenerife.

CEDR now state:

On 09-Apr-2018, CEDR received an application for adjudication with ....... that has passed the initial case intake review. In accordance with the Rules, TUI Airways (formerly Thomson Airways) has 15 working days to:
• Attempt to settle the dispute with the customer via this platform (Rule 4.2)
• Object to adjudication on grounds of eligibility (Rule 4.3)
• Submit your written Defence to the claim (Rule 4.4)

What is the likely outcome from this? CEDR have advised me by phone that TUI are likely to try & defend the case?

legal_magpie

They will probably fight. No choice but to wait and see and if they do fight make sure that you send CEDR full details in support of your case plus any documents.

JPears

And probably ignore if CEDR find in your favour...

Tyzap

I don't feel you have much to worry about, crew shortage is a scheduling and logistical problem for every airline, but it's not an EC.

You will receive a copy of the airlines defence in due course and then you (we) can dissect it.

My only concern is that some rogue CEDR decisions have gone against the claimant which have been illogical imo. Hopefully not this time tho.

Good luck.

DUKE

DUKE wrote: »

Very pleased to announce that the adjudicator from CEDR voted in my favour & have directed TUI to pay me 800 euro. Thanks all.

Well my date's come & gone, & still I've had no compensation paid into my account. TUI said that they aimed to pay the money into my account within 28 days, that was on 20 March. I've been in touch with CEDR they never replied, so I rang them yesterday & they said they'd chase it up for me. So what's next then?

Tyzap

DUKE wrote: »

Well my date's come & gone, & still I've had no compensation paid into my account. TUI said that they aimed to pay the money into my account within 28 days, that was on 20 March. I've been in touch with CEDR they never replied, so I rang them yesterday & they said they'd chase it up for me. So what's next then?

Don't think you have much option just yet, wait for a bit longer and keep pushing CEDR if they don't get back to you soon.

This seems to be the achilles heel of CEDR, they need to get this reoccurring problem resolve soon or they are going to lose credibility with claimants.

Please let us know how you get on.

DUKE

I've already emailed CAA, & sent the court action email to TUI. Perhaps I've been a bit too impatient. Thanks Tyzap, I'll definitely let you know.

JPears

You've waited nearly twice as long as was stated by Tui.
CEDR would appear to be incapable or uninterested.
I don't think you've been impatient. Both of the above are good next steps. Although the CAA is impotent. Keep us updated.

DUKE

I only left it that long as I've been away for a few weeks.

This is what CEDR added to the discussion after I rang them:

Please note that the Passenger has called in today to state that they have still not received their compensation. Please can the Airline endeavour to update them on what is happening with their case.

I've had the standard emails from CAA, & TUI, to acknowledge my emails.

I'll let you know JPears, thanks.