Flight delay and cancellation compensation, Tui/Thomson ONLY

slinga

Is there anywhere I can check up on whether a particular flight has had a claim agreed?

michellemybelle

I was on a Tui flight in May that was 5.5 hours delayed coming home from Jamaica. Tui refused compensation and we went through the solicitors. Just been paid £350 each after their fees. My question is can I now go back to Tui and claim from them all the fees taken by the solicitors??
I know probably not possible but why don’t Tui pay in the first place . It’s cost them extra fees on top now.

legal_magpie

Sorry, Michelle,no. TUI have paid out what they were legally required to pay. The fact that you used solicitors was a personal choice and doesn't change this. As to why the airlines don't pay in the first place, this is purely economic. If out of 10 valid claims, 5 give up and 5 go via CEDR,meaning that TUI have fees to pay, they are still quids in.

Shug61

legal_magpie wrote: »

Sorry, Michelle,no. TUI have paid out what they were legally required to pay. The fact that you used solicitors was a personal choice and doesn't change this. As to why the airlines don't pay in the first place, this is purely economic. If out of 10 valid claims, 5 give up and 5 go via CEDR,meaning that TUI have fees to pay, they are still quids in.

And I bet because of the poor info they dish out on delayed flights - ours told us to contact insurers over delay; only 2 or 3 out of ten try to claim in the first place.

If right then that’s only 10-15% of possible claims they pay out on.

Their claims rejection people must be making a fortune for Tui...

FireBlazer

Thought I'd just share my experience here as it's been a positive one!

We had a 3 hour 11 minute delay (or thereabouts) on a Friday, submitted the claim on the Saturday afternoon through their website. Didn't get any acknowledgement email so was a little worried but 18 days later I received a letter in the post confirming the amount for both of us and that we'll receive the cheque within 28 days.

The letter was actually dated 6 days prior to receiving it, so might be the Christmas post delaying it or just took a while for it to be sent. Either way, a quick outcome!

Hopefully the cheque will arrive any day now.

dannim12345

Hello all, I (& 9 others) were delayed flying out of Gatwick to Barbados on 16th November (over 5 hrs). I completed a complaint on my return but no response so far (even automated). I have just forwarded on to [EMAIL="aftertravelcustomersupport@tuiuk.com"]aftertravelcustomersupport@tuiuk.com[/EMAIL] after reading this thread so I'll see if I actually get a response before taking it further.

piteso06

Hi all.

So, I am hoping for a little help and advice. Our flight (TOM5545) from Tenerife South to Luton was delayed by 7.5 hours at arrival.

I filed a complaint (twice) with TUI which was rejected both times; the first for ATC strike and then for adverse weather conditions affecting the outbound flight from Luton to Tenerife. I was not satisfied with either of these explanations as a) there was no evidence of any ATC strike on that day and b) while there was some thunderstorms at Luton other flights were leaving with delays of one to 1.5 hours and, in any event, my understanding from these forums is that adverse weather affecting a prior flight is not a legitimate reason to deny compensation.

I issued a NBA, which was ignored by the company and so issued a money claim in the small claims court.

I yesterday received TUI’s initial defence, which seems spurious at best. They basically argue:
- I have not proved that I was on the flight;
- I cannot bring a claim against them on behalf of myself and others set out in the claim (my wife and children)
- The delay was caused by extraordinary circumstances, specifically
a) an unspecified medical emergency onboard the aircraft on the flight prior to the outbound flight from Luton to Tenerife, I.e., two flights before my own - causing an arrival delay in to Luton of 1hr 20 minutes impacting on the timing of the outbound flight.
b) Thunderstorms affecting Luton airspace which temporarily closed Luton airport, leading to a departure delay of 4hrs and 10 minutes.
c) As a result of the above the crew was almost maxed out on working hours, resulting in our flight being routed from Tenerife to Palma de Majorca for a crew change, then from Palma to Luton - meaning that the journey time was just short of 7 hours (compared to a regular direct flight of 4).

So, my feeling is that their defence is not legitimate because the delays to prior flights are immaterial and the crew change was a result of poor people management and planning rather than an extra-ordinary circumstance. I’m interested in getting any views from people who are more experienced and learned in these matters than me that I’m right to keep fighting?

JPears

In a word, yes.
They have cobbled together a pathetic list of excuses.
1. Should be easy - boarding cards, receipt for payment of flights etc.
2. There is a correct legal procedure for representing family members, possibly in Vauban's guide?

Tyzap

Hi Piteso06,

I agree with JP.

I think you may have to write to the court and ask if the others can be included in your claim, also supply letters from each of them giving their permission for you to handle the claim on their behalf.

It is then at the judges discretion.

I'm sure Legal Magpie will correct me if I'm wrong.

jpsartre

piteso06 wrote: »

So, my feeling is that their defence is not legitimate because the delays to prior flights are immaterial

It's not immaterial but that doesn't mean you don't have a case. At the end of the day, everything depends on whether or not the airline could have have taken reasonable steps to prevent the delay. I suspect the key part of TUI's defence is b). If it's really the case that thunderstorms were a *direct* cause of a 4 hour+ delay at LTN you may struggle. That said, a lot of the other stuff they've told you (such as not being able to prove you were on the flight) is nonsense.