Flight delay and cancellation compensation, Tui/Thomson ONLY

ceewash

philng wrote: »

What reason were you given for the change of plane & initial delay?

What was provided to you in way of food/refreshments etc. during the delayed flight & onward coach journey?

We were told at check in it was a "technical" issue and that a bigger plane would be provided. i assume at that point someone should have known that it could not land in Naples. Also some of the passengers received notification the night before. I had not.

We were give £10 voucher each at checkin (3am) and another £10 at about 2pm but we had no time to spend it as we were being hurried onto the plane. We were allowed to use it on board but as everyone had vouchers they soon ran out of food.
We had no food for the coach journey. There was about 6-7 hrs from getting off the plane to arriving at hotel.

ceewash

Tyzap wrote: »

Hi, You're covered by the EU261 regs for delay compensation but I would also check out the package travel directive details to see what else is covered.

2.2.6. Scope of the Regulation in relation to the Package Travel Directive
Article 3(6) and Recital 16 of the Regulation stipulate that it also applies to flights within a package tour, except where a package tour is cancelled for reasons other than cancellation of the flight. It is also stated that the rights granted under the Regulation do not affect the rights granted to passengers under the Package Travel Directive21. Travellers thus have, in principle, rights in relation to both the package organiser under the Package Travel Directive and the operating air carrier under the Regulation.
Article 14 (5) of Directive (EU) 2015/2302 on package travel and linked travel arrangements, which will become fully applicable on 1 July 2018, also provides that any right to compensation or price reduction under that Directive does not affect the rights of travellers under the Regulation, but specifies that compensation or price reduction granted under passenger rights regulations and under that Directive shall be deducted from each other in order to avoid overcompensation.

However, neither the Regulation nor the Directive deals with the question of whether the package organiser or the operating air carrier ultimately has to bear the cost of their overlapping obligations22. Resolving such a matter will thus depend on the contractual provisions between organisers and carriers and the applicable national law. Any arrangements made in this regard (including practical arrangements to avoid overcompensation) must not impact negatively on the passenger's ability to address his claim to either the package organiser or the air carrier and to obtain the appropriate entitlements.

Should we put a claim in to both?

Tyzap

ceewash wrote: »

Should we put a claim in to both?

Yes, see what they come back with:)

Good luck.

johnr46

hi
i recently submitted a claim via resolver (20th july) after a flight delay of over 19 hours.
i escalated the claim yesterday, but to date i have had no reply from the airline, TUI, not even an email to say that they have received the claim.

is this normal or should i contact them myself?

thanks in advance

Justice13075

put your flight details into bottonline and euclaim if they say you are due compensation google and download Vaubans guide.

JPears

TUI will not respond to Resolver claims at all.

Fritz1970

Hi

I had a flight delay of 11.5 hours between Malaga and Glasgow, due to weather disruption. Whilst I understand generally you cant claim for weather disruption delays, in this case there was no weather disruption at the departure airport or the destination airport.

The cause was due to weather disruption elsewhere in Europe. Before going through the resolver process I was looking to understand if I had grounds for complaint.

Thanks

Justice13075

Before you do anything put your flight details into bottonline and euclaim and see what they say.

Tyzap

Fritz1970 wrote: »

Hi

I had a flight delay of 11.5 hours between Malaga and Glasgow, due to weather disruption. Whilst I understand generally you cant claim for weather disruption delays, in this case there was no weather disruption at the departure airport or the destination airport.

The cause was due to weather disruption elsewhere in Europe. Before going through the resolver process I was looking to understand if I had grounds for complaint.

Thanks

If weather affected previous flights but not yours, you have a valid claim.

CarTer01

Dear Martin & team, in June of this year my wife and I were delayed at Bristol airport for over three and a half hours. On the day we were told it was because of the French air traffic controllers being on strike, which delayed departure by about one hour. Then the air conditioning on the plane broke down because the plane had been sat on the tarmac! During the whole time stuck on the plane we were offered only a small glass of room temperature water each.
The total delay was three hours and thirty four minutes.
On the second of July I wrote to TUI, the holiday company involved to claim what I believed to be wholly justified compensation.
This morning I received a reply from TUI that stated;

"In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM6676 Bristol to Paphos and our delay handling logs show that the flight was delayed due to Fuerteventura closure and also because the flight had missed its slot.
So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.
In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:
28. Strikes that affect the operation of an air carrier. For example strikes undertaken by Air Traffic Control, or by staff of airport
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation."

I have never claimed compensation before, and so now do not know where I stand. TUI have effectively washed their hands of their responsibilities as far as I can see.
Do you think I have a case to take this further?
Any help will be very gratefully received.
Thanks.