Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

CEDR wrote: »

Actually we chase down every case, every week and don!!!8217;t stop until the compensation is paid.

Great to hear, but do you have any legal powers to force an airline to pay within an agreed time frame? Or fine them further if they don’t ?

If ‘Duke’ had taken his/her case through the County Court system and was successful cases can be legally escalated to Court Bailiffs and if the sum was above £600 even the sheriffs can get involved. I’ve seen on TV a few cases where this has happened - one at Jet2 in Leeds/Bradford. If airlines are that defiant and won’t obey the law after a judge has made a ruling,( I really am not wanting to sound flippant here) but what makes you think that they will obey CEDR ?

CEDR

These schemes are voluntary, the airlines choose to join them instead of staying in the CAA PACT scheme which has no powers to force airlines to abide by their views on a dispute. Any company in any industry that signs a subscription to an ADR/Ombudsman body like CEDR agrees to aide by the decisions made by the adjudicators. There are obviously issues on some aviation cases where the payments have not been made on time but that is an administrative failing in terms of processing payments not a refusal by the airline to comply. None of the airlines that subscribe to CEDR have ever refused to comply with one of our decisions. The delayed payment on some cases like DUKE!!!8217;s is disappointing and I am very sorry about that but we are working hard with the airlines to fix it.

Could DUKE go to court instead, yes, but Court action is not quick, not free, time consuming and potentially stressful and if you don!!!8217;t have a lawyer to represent you (that you will have to pay for) you may find yourself up against an experienced solicitor if the company decides to contest the case. So on balance I would suggest that CEDR is the better option for most people. We have 40+ qualified lawyers (with experience of thousands of cases) reviewing every case on its merits and a team of dedicated staff working hard for customers to ensure they receive 100% of the compensation they are entitled to under the relevant laws.

philng

Personally I think it is great that someone from CEDR is prepared to come on this board. It can only help us all to understand the process more clearly & give hope to some of us with pending claims.

It would be useful to understand whether an airline has to pay a fee for each referral made to CEDR as without which there would surely be nothing to stop them trying to refuse each claim with the hope that the applicant would just go away?

JPears

Agree with phling BUT
whilst the ADR schemes are potentially a good idea, as with most similar, they are ill thought out, set up in a hurry by the organisation that wanted rid of irritating consumers (CAA in this case) and poorly managed.
Fundamental flaws we see repeated:
1. No mechanism for appeal against the adjudicator's decision.
2. Process and terms and conditions applied to airlines not transparent to the public.
3. Specious and spurious decisions/reasoning made by the adjuducators.

DUKE

Had this message yesterday but only just seen it: Hi DUKE

As you will have seen on the portal TUI have actioned the payment. However, it can take up to 10 days to make it's way from central accounting to your account but it is coming.

I'm very sorry it has taken so long.

Regards

John


Thanks John, I do appreciate!

CEDR

philng wrote: »

Personally I think it is great that someone from CEDR is prepared to come on this board. It can only help us all to understand the process more clearly & give hope to some of us with pending claims.

It would be useful to understand whether an airline has to pay a fee for each referral made to CEDR as without which there would surely be nothing to stop them trying to refuse each claim with the hope that the applicant would just go away?

All companies that subscribe to CEDR pay most if not all of a per case fee which is common practice with ADRB’s and Ombudsman. That is is because it is either required by law (e.g. telecoms) or because the regulator in a specific sector requires it.

CEDR

JPears wrote: »

Agree with phling BUT
whilst the ADR schemes are potentially a good idea, as with most similar, they are ill thought out, set up in a hurry by the organisation that wanted rid of irritating consumers (CAA in this case) and poorly managed.
Fundamental flaws we see repeated:
1. No mechanism for appeal against the adjudicator's decision.
2. Process and terms and conditions applied to airlines not transparent to the public.
3. Specious and spurious decisions/reasoning made by the adjuducators.

In answer to your comments:

It took CEDR over 12 months to prepare for aviation ADR and obtain the certification from the CAA at our own cost (CEDR is a charity by the way).

Adjudication is by its very nature meant to be a quick and straight forward way to resolve the majority of consumer disputes. If a passenger does not agree with our findings they can simply reject the decision and pursue a court action if they wish with the benefit of all the evidence that they have obtained as part of the CEDR process.

The Rules of the scheme are publicly available on the CEDR website.

Finally in regards to your commments on the decisions all I can say is that we work very hard with the CAA to ensure the decisions are of a very high quality but the passenger always has the reject option to fall back on if they don’t agree with our findings.

JPears

Thank you for your input.
We should agree to disagree.

Shug61

Seems in common with others on here my claim was initially rejected by Tui.

The plane was in Goa but the Manchester inbound was late, (supposed to crew the LGW flight back) not weather related as nearly all others out from there were on time that day. Tui advises crew rest was reason for delay.
What makes it worse is I asked the rep in resort the night before the flight (a) if the LGW plane was on time and (b) if the crew were already in Goa, she advised yes to both. If she hadn’t I would have sorted a scheduled flight home as had another business long haul the day after I should have got home. She assured me no need as all okay.
It now seems she’s confirmed she was confused and didn’t understand the question....

Started claim with Tui who apart from acknowledging receipt didn’t respond. I chased them and they then advised it was due to plane repositioning so beyond their control. I have evidence that the plane wasn’t repositioned as it flew direct from LGW as planned.
So in 2 months the reason has changed from crew rest to weather. Tui are making it up as they go along!

Advised by Tui they had investigated again and rejected the claim, but I could contact CEDR if I wanted.

Submitted details, booking form, booking ref and flight details, and copy of letter handed out at LGW on arrival, and now CEDR asked for copies of all mails, which I have sent.

Awaiting next response, but assuming this will drag on.

Justice13075

Have you put your flight details into bottonline and also euclaim they will tell you if in their opinion you have a claim. If not do it now.