Flight delay and cancellation compensation, Tui/Thomson ONLY

erb

Philng.


Don't know your chance of success but will be watching with interest as this is the exact same reason TUI have given me so if you win it will give me confidence to go the CEDR as well.

Tyzap

Crew flight time limitations, per se, are not an accepted EC which exempts the airline from having to pay compensation.

A judge would be supportive of this position, but with CEDR you never know how it may go.

NETraveller

Please accept my apologies not having posted in the forums previously so I’m hoping this is the correct area/thread.

Whilst on long haul holiday (package holiday booked via TUI but they are using Thomas Cook Airlines to meet flight obligation), some four & a half hours prior to flight we were stopped from boarding the main coach taking people to the airport and told a private transfer had been arranged. Once on the mini bus with two other couples, one of the guests informed us that she received a text stating the flight back to the U.K. had been cancelled and there was a projected 30 hour delay until another flight would be made available. The TUI rep stated we needed to leave the hotel and it was now Thomas Cook Airlines responsibility as they cancelled the flight and a statement regarding holiday insurance which should be used. Having been transferred to another hotel and as yet after over 12 hours of having to try and contact and ascertain information from both Thomas Cook Airlines and TUI contacts locally, we still do not have any confirmation as to whether the substitute hotel cost will be paid for along with any airport transfer. Thomas Cook state as we didn’t book a “package holiday” with them (rather TUI) that TUI should bare the responsibility despite Thomas Cook instigating this issue by the flight cancellation. As stated above TUI are blaming Thomas Cook and seem to have just ushered us off to another hotel where incidentally there is no TUI rep and what seems very infrequent visits from a Thomas Cook rep due to being based at another hotel in the area.
As a customer I feel completely let down and personally feel having booked the package holiday with TUI they should take responsibility in providing timely information and covering any costs but there is a notable lack of ownership here and what could be perceived as passing the blame to the other party.
This has had a significant knock on effect back home, loss of earnings for my partner who is self employed and now missing a full day at work increased costs due to parking, kennel fees for our pet along with numerous other costs and logistics to sort out (children getting to school in our absence) etc.
Could anyone provide some steer/guidance as to my rights around compensation (entitlement) (in resort and post holiday implications, as stated above) and more importantly who should cover this, TUI or Thomas Cook?
Kind Regards

JPears

Were the transfers, flights and hotel all on one booking with TUI? If so that sounds very much like a package holiday to me and TUI are responsible for your care due to the delayed flight (is it ABTA or similar covered?)
However, the fall back position is that TC, the operating airline, under regulations 261/2004 has a duty of care and might owe you compensation, depending on the reason for delay cancellation.
You are covered for your additional expenses by either TUI or TC, the difficulty will be getting one to admit liability. Claim of both, then LBAs then ultimately you may need to take both to court for resolution. Let's hope it doesn't come to that.
TC are responsible for the reg 261/2004 compensation, amount depending on your journey.
Download Vaubans superb guide.

Shug61

Your first line says package holiday with Tui but they are using TC airlines.

If booked as a single booking (package) then the package operator Tui had responsibility to sort things out for you.

legal_magpie

Agreed. TUI often use other airlines for their package holidays.

NETraveller

JPears. Package holiday was booked online via FirstChoice/TUI for which they chose to use TC Airlines to fly between Scotland and Mexico.
Nobody had communicated anything to us and it was only another guest on the bus that happened to mention the flight cancellation to us. As I jumped off the bus as it was pulling away to speak to TUI rep he said take it up with TC as they had cancelled the flight and astonishingly made a reference as to that’s why people have travel insurance when I questioned who would cover costs !!!129300;
We still have no idea why flight was cancelled some
24 hrs on. Nobody has given us any specific information other than after chasing repeatedly yesterday, a transfer will be arranged for us for this evening and I should contact customer services in the U.K. to report it and sort it out. Not really what you want to hear when you book a package holiday for the assurance when things like this do crop up.

JPears

Check your package is ABTA protected, it should be. Or ATOL. If so suggest you visit relevant website for the rules.

I would be surprised if it isn't ABTA protected.
If TUI aka First Choice don't contact you with in 48 hours of you return, it's time for a complaint to them and ABTA.
And start the seperate claim for 600Euros each against TC airlines.

Shug61

Update on my CEDR claim

Got a mail from CEDR and clicked on link. Tui have posted a pdf of the weather report for the week of my flight showing a yellow warning over the UK, and stating snow clearing. No other explanation or comments... nothing relavent to my actual flight.

I responded to CEDR asking what the purpose of a weather report screenshotted a few days prior to the actual day was. Especially as last weekend my area was forecast as heavy rain and no rain at all, so a forecast is not the actual situation; plus I know nearly all outbound planes left on time that day.
I also asked if this meant they were now confirming the original flight crew limitations reason given (in writing) was not correct.

Additionally I asked if
Tui had provided any actual flight data as that should show outbound roughly on time (I was checking on flight tracker in resort, but didn!!!8217;t screenshot) and
Why the rep confirmed the crew heading back to LGW were in resort the previous day...

Seems Tui are changing their story and just dragging this out.

The excuse I have in writing, and submitted to CEDR was flight crew limitations.

Just seem to be going round in circles now, presume this is the plan from Tui and they hope I!!!8217;ll give up?

philng

Shug 61-That's interesting that they have copied the weather report to you for the week before.

They didn't try this tactic with my claim they just reiterated 'crew flight time limitations' so I assume that is all CEDR will have to go on when looking at TUI defence.

This is despite our Captain stating delay was due to weather conditions in other parts of the UK over 24 hours before-TUI haven't used this in their defence on my claim.

My understanding, remain to be corrected, is that unless weather conditions directly impact YOUR flight TUI will have no defence so they can't claim weather conditions from a few days before as an EC.

Will be interesting to see what other more experienced writers on this thread think?