Flight delay and cancellation compensation, Tui/Thomson ONLY

Brumbear

New to this so if I've missed a thread which covers this topic please excuse me.

I flew with TUI Airways to Kefalonia on 6th May from Birmingham airport but we couldn't take off due a fault with the air conditioning on one of the engines. We taxied to the runway and returned to the a parking spot just outside the terminal building, I think we were delayed by about 2 hours while they fixed the fault.

How can I check the delay for this flight and would I be due any compensation? We still had to buy food and drink on board this flight.

Caz3121

Brumbear wrote: »

How can I check the delay for this flight and would I be due any compensation?

EUClaim shows
Unfortunately you are not entitled to compensation.
Your flight had an arrival delay of less than three hours. To be entitled to compensation under EC Regulation 261/2004 you arrival delay must be three hours or more.

Shug61

@philng Shug61-have you received an update?

CEDR mail referred to original submission date to them.

I submitted additional info as requested by CEDR and am advised TUI have until 6th June to respond. So D Day is 6th June... (it was actually )

Will be interesting to see outcome, especially as TUIs original response was crew limitations and second was plane respositioning which is BS as plane didn’t reposition anywhere, I was tracking incomer on flight-scanner.

Wonder if TUI will now either:
A. Give a new reason / excuse
B. Not respond. In which case presume I win?
C. Other?

philng

Shug61 wrote: »

@philng Shug61-have you received an update?

CEDR mail referred to original submission date to them.

I submitted additional info as requested by CEDR and am advised TUI have until 6th June to respond. So D Day is 6th June... (it was actually )

Will be interesting to see outcome, especially as TUIs original response was crew limitations and second was plane respositioning which is BS as plane didn’t reposition anywhere, I was tracking incomer on flight-scanner.

Wonder if TUI will now either:
A. Give a new reason / excuse
B. Not respond. In which case presume I win?
C. Other?

More than likely they will reconfirm their original decision & reason & then CEDR will give you 14 days to resubmit any further info in support of your claim before CEDR make a final decision.

Shug61

Await next steps with interest, as to date they have given two different reasons for the delay, one of which is not EC (poor crew scheduling, relying on multiple flights is not an EC I understand) and the second, plane repositioning, is not true.
Also found it interesting that as we disembarked at LGW they gave everyone a letter explaining if they wanted to contact their insurers over delay that was best solution. No mention at all of EU comp scheme. All seems a bit slopey shoulders fro TUI to me..

Not sure what further info I can supply as I have stated the facts as they happened, and don’t have any additional info, unless they will give me the pilot to interrogate...

Wonder if they will repeat one of the previous reasons or invent a new one?
All the previous mails rejecting claim from TUI looked like generic responses, so guess they just hope to fob people off without actually looking at the claims.

Surely CEDR will look at multiple and different excuses as a bit of a punt on TUIs behalf?

JPears

You guess correctly shug.
Airlines are required, by law, under regualtion 261/2004 to inform you of the regulation and the obligations it puts on the airlines.
For some reason the majority of airlines think they can quietly brush this under the rug and forget about it.

philng

SHUG 61 'Surely CEDR will look at multiple and different excuses as a bit of a punt on TUIs behalf?'

I would agree it just seems obvious what TUI tactics are.

Anyway I have provided my final comments to CEDR and now await adjudicator decision by 3rd July 2018.

I can't see how CEDR can validly agree with TUI reasoning which in my case was solely referred to as 'crew flight time limitations' with no other evidence submitted to support their defence.

Shug61

As previously stated, submitted second set of info as requested to CEDR on 16 May and got following response:

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)


CEDR website shows 6th June as deadline. So not long, and cant really see how it can be dragged out much longer.

philng

So TUI when pressed by CEDR for their final comments on my claim have come back solely with:

'crew flight time limitations'

TUI have provided no other background or defence.

CEDR now adjudicating on claim.

What are the chances of success-anyone in the know?

Justice13075

I haven't read all of your posts but if that is the best they can come with you should be ok.