Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

Alas, my experience of CEDR is that things will still progress slowly. You have to chase ADRs when deadlines have past.
And TUI have form in simply ignoring ADR decisions....

dannim12345

Thanks for the heads up

buglawton

If you have had dealings with TUI, or maybe used Resolver, you may get a convincing email with title re: Your Gift, or Thankyou for Travelling with us.

I checked the email domain of the sender via Scamadviser and it was Russian Federation with High Risk.

Some sort of email list may have leaked.

LisaJeeves

My flight from Cancun to Manchester on 30 Jan was delayed almost 5 hours because the incoming flight was 6 hours late due to bad weather in Manchester closing the runway.

I completed the claim form on the TUI website and received a reply the next morning declining my claim. Their email referred first to the 31 October 2014 Supreme Court ruling (I wasn't sure of its relevance as neither technical fault or about the time period to make a claim). They then state that their delay handling logs show TOM173 was delayed due to bad weather conditions (not correct, TOM172 was delayed due to bad weather). They then quoted point 11 from the CAA list of extraordinary circumstances (thought they missed several words out of the line).

I emailed back on 1 February pointing out that they should recheck their logs as TOM173 was not delayed due to bad weather and that CAA point 11 did not apply as neither Cancun nor Manchester were closed for my flight. I stated that I was seeking EUR600 per passenger as per 261/2204 and await confirmation the payment is underway.

My email to aftertravel.flightdelay@tui.co.uk remains unanswered. Do I continue to wait for a response or go ahead and send an NBA (with a view to appointing an NWNF company if I then don't get a response)?

Tyzap

Hi Lisa,

Your thoughts are on the right track, the 2014 Supreme Court Case is entirely about technical issues and has no relevance here in relation to weather, it's just more smoke and mirrors designed to confuse you.

Don't issue an NBA if you intend using a NWNF solicitor (not claims assistance company) as there would be no point.

Check if Botts believe you have a valid case here...

https://www.bottonline.co.uk/flight-delay-compensation/calculator

Use an NBA only if you intend using the DIY route via MCOL.

Good luck.

LisaJeeves

Thanks for the reply, glad to hear I was on the right track! I'm still not sure whether to give them more time to respond before I take it to the next step. And then whether to go for NBA/MCOL or use someone like Botts (who do say I have a claim). It's that gamble isn't it, do it yourself (£70) to avoid paying a professional (25% ++)!

Should I expect a response from TUI to my email, or are they just going to hope I go away?

dannim12345

Just an update. I was delayed for almost 5 hours on a Tui flight (leaving Heathrow). No response from Tui after 8 weeks so I raised a claim with CEDR and Tui have replied and agreed to pay the compensation for myself and my boyfriend.

However they have said my brother & his girlfriend are not on the same booking so won’t pay out for them. The holiday was booked at a travel agency (10 of us in total) but us 4 are all shown on the same ‘holiday’ booking. I have replied saying this but even if I have no luck with them hopefully can just raise a separate claim for them...

legal_magpie

You can't raise a claim for them. They will have to raise their own claims but it should be straightforward now that you have succeeded on your claim. But they should be very forceful on it and not allow TUI to prat about like they usually do.

buglawton

LisaJeeves wrote: »

Thanks for the reply, glad to hear I was on the right track! I'm still not sure whether to give them more time to respond before I take it to the next step. And then whether to go for NBA/MCOL or use someone like Botts (who do say I have a claim). It's that gamble isn't it, do it yourself (£70) to avoid paying a professional (25% ++)!

Should I expect a response from TUI to my email, or are they just going to hope I go away?

Did you follow up by phone ? I did and my previously form submitted claim was suddenly expedited with no particular reference to the phone call.

dannim12345

Thanks - I thought I could claim for them as all four of us are on the same Tui ‘holiday booking’. I have the confirmation for that with all our names on (which I included as evidence).

Do you think they can raise a claim directly with CEDR or will they need to start from scratch with Tui?

Edit - Sorry I thought I was quoting legal magpie