Flight delay and cancellation compensation, Tui/Thomson ONLY

Charw92

Hi,
I'm looking for some advice, my flight was delayed for 31 hours in September. TUI are blaming the weather, and had our claim rejected because of this.

The incoming flight was unable to land due to winds so diverted to Newcastle, where passengers who didn't want to fly back up, and their luggage, had to be offloaded.

The incoming flight eventually landed around 3 hours after our original flight was meant to take off, and we were called to gate, luggage put on the plan etc. After an hour of hearing nothing, we were then told that due to staff going over their working hours, our flight would be delayed until the following night (making it a 31 hour delay). Our plane was subsequently used for other scheduled flights the next morning/day.

I understand that weather may have played a part in the original delay, but this did not last 30 hours, and surely they knew when the plane landed in Newcastle that they would be unable to take us, and could have tried to put in plans to get us out as soon as possible.

I have put our flight details in both bott and Co and euclaim, bott say we have a claim, but euclaim says we don't. Do you think its worth escalating the rejection?

Tyzap

Hi Charw92,

Your post isn’t very clear on some detail but if I understand it correctly you were awaiting the aircraft that diverted to Newcastle due to high winds. The aircraft was then further delayed due to crew going out of hours.

None of which is a valid reason to refuse you compensation. Weather can be an EC (valid reason to refuse compensation) but only if it affects your flight directly, not the one before yours.

You need to push them on this point and if you don’t get somewhere ask them for a referral to ADR. Alternatively,if you don’t want to diy you have the option of Botts.

Good luck.

Charw92

Hi Tyzap,

Yes, this is correct. The aircraft we were due to go out on was unable to land on its incoming flight due to high winds. The plane was then diverted to Newcastle and by time it got back to us and ready to go again, the crew were apparently out of hours.

I will push them on this point then, and ask them to refer to ADR if they still don't accept this.

I will let you know how I get on.

Thank you.

Charw92

Update - I sent them an NBA (as per the template from Vaubans guide on page 6). Saying we do not accept their response as the weather is not an EC for our flight as it only affected the incoming flight. I'm assuming if they still don't accept this, they will refer us to CEDR.

I have spoken to others who were on our flight and had success with CEDR as TUI couldn't provide information about the bad weather.

Fingers crossed!

DJKTE

Hello
We were on the flight from Mahon to Leeds on 10th August and experienced a delay of over 5 hours arriving back to Leeds. We landed in Manchester and was coached back to Leeds arriving at 5.30am. I complained directly to Tui and received a very unapologetic email back from them saying NO it was due to extreme circumstances which is not covered by the EU Law. After googling via the Martin Lewis website I took them to Arbitration CEDR which is free and you get 100% of the compensation. (costs £25 if your case fails) I sent off all of our documents, Tui's response and they took the case on, Tui replied to them giving a different reason and flight logs etc. they appointed an Adjudicator and within 24 hours we got confirmation of 400 euro per person compensation. We received a check from Tui with in 10 days. The cheque has now cleared, hence sharing my story. Tui have gone right down in my expectations, considering they are a customer service provider they are trying to dodge any claim which comes there way. Very easy to claim via the Martin Lewis site, forms are all created for you, you just need holiday info and documentation and your letter from Tui refusing your claim. Good Luck,

JPears

You need to follow this up with a letter of complaint to the CAA about tui dishonest behaviour.

Wobbler70

Update.

The adjudicator was appointed at 13.54 today. At 15.25 today, we were notified that our claim was successful and have been awarded the appropriate statutory amount.

I'm very pleased. I may have done a fist pump. In celebration...

JPears

It would appear CEDR have upped their game over the past week or so and are actually getting on with their intended purpose.

bsyvret

Sorry, only just seen your reply. I am a little further on and the airport have confirmed there were no issues relating to crowd problems which affected the flight. My next step is to find out what time the flight from Holland arrived ready to carry out the charter, and what time it was on stand and ready to depart. The airport won't give me that information (I don't know why), nor will Flightaware so I need to find a 'plane spotter :-).

Tyzap

bsyvret wrote: »

Sorry, only just seen your reply. I am a little further on and the airport have confirmed there were no issues relating to crowd problems which affected the flight. My next step is to find out what time the flight from Holland arrived ready to carry out the charter, and what time it was on stand and ready to depart. The airport won't give me that information (I don't know why), nor will Flightaware so I need to find a 'plane spotter :-).

Post the details of what you want and someone will be able to help.

Good luck.