Flight delay and cancellation compensation, Tui/Thomson ONLY

Mattwhitt89

Managed a successful claim via CEDR. original flight from MAN-ACE was diverted and incurred a night stop in TFS. TUI made no attempt to return to ACE and the subsequent departure was at 16:30 the day after. I managed to successfully claim under EU/261 as not all reasonable measures were taken to ensure a departure near to the original stated. Fingers crossed for payment soon

LisaJeeves

LisaJeeves wrote: »

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)?

Ok so TUI responded and said 'having reinvestigated into your claim I can confirm that our position stands'. They then go on to mention CEDR.

Is this the best way forward for me now?

jpsartre

Well, it's A way. I wouldn't be sure at all there's a valid claim here so it's less risky than going through small claims court.

LisaJeeves

jpsartre wrote: »

Well, it's A way. I wouldn't be sure at all there's a valid claim here so it's less risky than going through small claims court.

jpsatre what makes you say you're not sure there is a valid claim? Because my plane was delayed because of the flight before it?

jpsartre

LisaJeeves wrote: »

jpsatre what makes you say you're not sure there is a valid claim?

Because the incoming flight was delayed due to extraordinary circumstances.

Tyzap

LisaJeeves wrote: »

Ok so TUI responded and said 'having reinvestigated into your claim I can confirm that our position stands'. They then go on to mention CEDR.

Is this the best way forward for me now?

Hi Lisa,

Yes, CEDR is the best way forwards now.

If you raise a claim with them submit your previous correspondence from the airline pointing out their (deliberate) mistake with the flight numbers.

PM me if you need any further help as this case is very win-able.

Good luck.

Angie_laar

My flight from Gatwick to Montego Bay on 7 Feb 19 was delayed by more than five hours due to a mechanical fault with the plane meaning we had to change to another plane. I wrote to TUI using resolver to claim for me and my boyfriend and received a response saying the delay was due to bad weather and so the claim was rejected. I responded requesting they make further enquiries as bad weather was not the cause. I had no response to two emails but instead have received a cheque for £75 without a covering letter so no idea what it is for - I assume to get me to stop the claim. As anyone had this previously? Is the next step to not bank the cheque but go to CEDR? Thanks

Justice13075

Put your details into bottonline and euclaim and see what they say. Return the cheque and ask them for a deadlock letter and then go to CEDR.

Angie_laar

Thanks, Bottonline say we do have a claim so will return the cheque and ask for the letter. Thanks for the help!

JPears

If its more than 8 weeks since you reeceived any communication from TUI, you don't need the deadlock letter.
Sending a cheque is more or less an admission of liability, they are just trying it on in the hope you will go away.

Is the cheque accompanied by a full and final offer letter?