Flight delay and cancellation compensation, Tui/Thomson ONLY

philng

erb, this seems to be the standard response for all TUI claims hoping claimants will give up at first hurdle.

We had exactly same response for delay the day after you 4th March on Manchester to Tenerife flight.

Passed the 1st hurdle through CEDR and now TUI have until 25th May to respond.

JPears

Again, I would urge all those that are fobbed off by Tui to make a formal complaint to CAA.
Unless they are aware of the airlines MO, they won't do anything about it.

erb

philng wrote: »

erb, this seems to be the standard response for all TUI claims hoping claimants will give up at first hurdle.

We had exactly same response for delay the day after you 4th March on Manchester to Tenerife flight.

Passed the 1st hurdle through CEDR and now TUI have until 25th May to respond.

Thanks. After you got TUI reply did you reply to TUI or go straight to CEDR? Did you use Resolver and how did you contact CEDR?

philng

ERB

-originally submitted claim direct through TUI 12th March (not through Resolver)
-TUI rejected claim early April same reason as yours 'crew flight time limitations' despite our Captain stating weather related delay
-submitted claim direct via CEDR website attaching relevant docs
-CEDR responded requesting copy of final decision from TUI showing right to refer to CEDR which their first response didn't state
-re-contacted TUI & requested same
-received same from TUI & updated CEDR
-CEDR stated claim had passed initial assessment & they had given TUI until 25th May to respond
-now awaiting TUI response

Whole thing seems very dodgy in respect of TUI with you having same response as us.

Seems complicated but is actually straight forward to use CEDR & they open a file that you can access/view & update as they request further info.

Will update on here when the TUI response due by 25 May is received.

philng

Shug61 wrote: »

Just got an update from CEDR. Edited to remove personal details..

On 21-Apr-2018, CEDR received an application for adjudication 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)

Will update as I know more...

Shug61-have you received an update?

erb

philng wrote: »

ERB

-originally submitted claim direct through TUI 12th March (not through Resolver)
-TUI rejected claim early April same reason as yours 'crew flight time limitations' despite our Captain stating weather related delay
-submitted claim direct via CEDR website attaching relevant docs
-CEDR responded requesting copy of final decision from TUI showing right to refer to CEDR which their first response didn't state
-re-contacted TUI & requested same
-received same from TUI & updated CEDR


Yes I will have to request TUI to provide final response as well.

-CEDR stated claim had passed initial assessment & they had given TUI until 25th May to respond
-now awaiting TUI response

Whole thing seems very dodgy in respect of TUI with you having same response as us.

Seems complicated but is actually straight forward to use CEDR & they open a file that you can access/view & update as they request further info.

Will update on here when the TUI response due by 25 May is received.

Yes I will have to request TUI to provide final response as well. Look forward to your update after TUI responds to you.

philng

philng wrote: »

ERB

-originally submitted claim direct through TUI 12th March (not through Resolver)
-TUI rejected claim early April same reason as yours 'crew flight time limitations' despite our Captain stating weather related delay
-submitted claim direct via CEDR website attaching relevant docs
-CEDR responded requesting copy of final decision from TUI showing right to refer to CEDR which their first response didn't state
-re-contacted TUI & requested same
-received same from TUI & updated CEDR
-CEDR stated claim had passed initial assessment & they had given TUI until 25th May to respond
-now awaiting TUI response

** UPDATE from CEDR re TUI response**

Thank you for your communication with us, concerning your (client’s) flight delay.
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.
In this instance the disruption to the fleet was unprecedented, however all resources available were
utilised to ensure that the flight operated at the first available opportunity.
We appreciate that you have requested compensation from us in respect of the delay, however as the
cause of the delay was due to external factors over which we have no control we are not required to
pay compensation under Regulation EC 261/2004 in these circumstances.
Once again, thanks for taking the time to contact us.

So TUI have responded as above and now CEDR have advised they will appoint an adjudicator.

TUI have not provided any further evidence other than 'crew flight time limitations'.

CEDR have advised I can now add further comment to support my case.

Any help with any further info I should provide would be appreciated?

Flight Manchester to Tenerife 4/3/18 7 hour delay-not sure how they can claim as external factors particularly with flight departing from a home hub? Any weather issues had cleared 48 hours earlier & all other Manchester departures suffered no significant delays on the 4/3.

legal_magpie

Crew being out of hours is not an EC unless, possibly the original cause is an EC because it is up to the airlines that they don't schedule crews' rosters to leave little time for potential problems. Just the same as when we advise readers that they should allow plenty of time for connections between flights.

JPears

phling you need to include the details in your last paragraph, expanded with the number of flights and basic details that WEREN'T affected at the airport.

erb

philng


I got the exact same reply from TUI. Today I sent them an email via Resolver as follows:


Dear Customer Support,
Further to your email of 19 May 2018 and my reply of 20 May 2018, to which you have not yet responded, I am now writing to request your final decision that refers me to CEDR for adjudication.
In support of my claim and in making your final decision I would ask you to consider the following. You state that the cause of delay was due to flight time limitations. However, these are inherent in the operation of an airline and it is the responsibility of airlines to maintain its crew operating limits properly and reserve some time in order to cope with slight delays. Therefore, this does not fall under the category of extraordinary circumstances as stated in EC regulation 261/2004 and as such compensation should be paid.


I am now waiting their final decision before refering the case to CEDR.


I wonder if the CEDR rep on this forum could give a view. I think TUI have probably used this excuse many times before.