Flight delay and cancellation compensation, Tui/Thomson ONLY

Rolypoly

Hi all,

So after being delayed for almost 8 hours, I’m at the final stages of my claim with the CEDR. TUI are claiming it falls under extraordinary circumstances, however on the report they filed which was filled in by the crew on the day, there is a box that says EXTRAORDINARY CIRCUMSTANCE and the answer is N. Does this mean no? Also the spare part for the plane took over 2 hours to leave Luton (we were flying from Cardiff). We missed our first night in the hotel, an all inclusive meal and almost missed my sisters wedding!

Tyzap

Rolypoly wrote: »

Hi all,

So after being delayed for almost 8 hours, I’m at the final stages of my claim with the CEDR. TUI are claiming it falls under extraordinary circumstances, however on the report they filed which was filled in by the crew on the day, there is a box that says EXTRAORDINARY CIRCUMSTANCE and the answer is N. Does this mean no? Also the spare part for the plane took over 2 hours to leave Luton (we were flying from Cardiff). We missed our first night in the hotel, an all inclusive meal and almost missed my sisters wedding!

Hi Rolypoly,

Please copy and paste your post to the correct thread here where you will get a reply...

https://forums.moneysavingexpert.com/discussion/4384699/flight-delay-and-cancellation-compensation-tui-thomson-only

Please also give a brief description of what happened to cause your delay.

Technical faults do not give the airline a get out o jail free card.

Good luck

banjodog

Our outbound flight on a packaged holiday with TUI was delayed by 19 hours due to a cracked windscreen on the plane. They provided food and overnight accommodation. Am I entitled to flight delay compensation?

erb

As with Shug61 and philng I finally got compensation from TUI. Claim made 21 March 2018 and they finally paid today 29 August 2018. Used Resolver and then CEDR who adjudicated in my favour. TUI failed in their defence using Crew Flight Time Limitation as the reason for the delay as they are an inherant part of flight operations and not an exceptional circumstance. Thanks to Shug61 and philng who gave me hope that I would eventually win and kept me going against TUI resistance at every stage.

jpsartre

banjodog wrote: »

Our outbound flight on a packaged holiday with TUI was delayed by 19 hours due to a cracked windscreen on the plane. They provided food and overnight accommodation. Am I entitled to flight delay compensation?

Probably, yes.

JPears

Congratulations.
Another forum victory chalked up against the airlines.

legal_magpie

Unfortunately, the fact that the CEDR adjudicator rule ( as we have always said) that issues concerning staff Rotas and hours are NOT EC's will not prevent TUI from doing the same again. CEDR have no teeth

Shug61

erb wrote: »

As with Shug61 and philng I finally got compensation from TUI. Claim made 21 March 2018 and they finally paid today 29 August 2018. Used Resolver and then CEDR who adjudicated in my favour. TUI failed in their defence using Crew Flight Time Limitation as the reason for the delay as they are an inherant part of flight operations and not an exceptional circumstance. Thanks to Shug61 and philng who gave me hope that I would eventually win and kept me going against TUI resistance at every stage.

Nice one.

Looks like you really have to keep going and ignore Tuis attempts to ignore you or just reject the claim.

philng

legal_magpie wrote: »

Unfortunately, the fact that the CEDR adjudicator rule ( as we have always said) that issues concerning staff Rotas and hours are NOT EC's will not prevent TUI from doing the same again. CEDR have no teeth

I would beg to differ. For me the use of CEDR in securing a positive claim against TUI after repeated declines saved me from having to use one of the flight claim companies and lose a good proportion of my claim.

legal_magpie

You've missed the point Phil. CEDR can only deal with the case they are considering at the time. If an airline runs a duff defence 20 times all CEDR can do is to dismiss it in each case. They can't stop them using it again and again. On the other hand a Court does have power to make an unreasonable costs award in such circumstances. This is why in many cases, Courts are giving a standard direction that the airline discloses any other claims arising out of the same flight.
On the same point many passengers will give up at the first stage when met by the same duff defence. Airlines should be banned from putting forward these duff defences once they have been rejected by CEDR or a Court. This is what I meant by "teeth" as at present airlines have lots to gain and virtually nothing to lose.