Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

Mark2spark wrote: »

Hi all,
I haven't posted for a while. Unless there's been a new ruling this still boils back down to pre-amble 14 of the Regulation, basically saying bad weather is only EC if it affects the flight concerned.

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

Sorry to be reading that airlines are still trying it on :mad:

Welcome back.

It must seem like groundhog day!

The same old arguments going around and around:)

NoviceAngel

Great to see you back, I don’t have that much time myself to post but I still lurk and help when I can

W41Ru5

Hi all,
I was hoping if someone could offer advice regarding a delay I experienced last month with TUI. Apologies for the long post in advance, but there's a number of elements to it which make it not that straightforward and I can't see any discussions anywhere about it.


We were due to fly from Birmingham to Hurghada at 10:40 on Friday 15th March, supposed to arrive at 18:00. We had only booked this flight 24 hours before due to missing another flight (not related to claim but good for context). When we got to the airport, we were told the flight had been "rescheduled" to 13:55. We were asked whether we had received any communications about this (obviously we hadn't), and they gave us a card to buy food due to the delay; fair enough.
Talking to other passengers it seemed the communication was sent to some people (a minority) out around 10am the day before, which was after we had booked, so pretty poor communication from them seeing as it had already been changed but they didn't tell us. The flight was then further delayed another 2 hours and ended up arriving around 4 and a half hours after the scheduled arrival time.


At the time we were told that the original rescheduling was due to TUI shuffling flights to deal with the Boeing 737 Max 8 issue, but this flight was never going to be on this plane (this is the key here). It was then further delayed as the replacement plane had a fault at the other end, which meant it was late arriving for our flight. I understand that if the flight was originally meant to be on this type of plane, then it would count as extraordinary circumstances and we wouldn't be eligible for EU compensation. However given this delay was caused by TUI's actions (albeit to minimise disruption elsewhere) would this still be considered extraordinary circumstances.


I already submitted a claim direct to TUI, where I could only share basic details (no narrative) and they quickly responded to say the following:
"our delay handling logs show that the flight was delayed due to safe operation of the flight....the European commission intimated that the following would be considered extraordinary circumstances: Neb:10. Conditions and events incompatible with the safe operation of the flight."
Therefore they are claiming that this is extraordinary circumstances and are not entitled to pay compensation. I have emailed back outlining what I have above as to why I disagree, but I haven't heard a response and expect it to be knocked back.


I could escalate this to CEDR but am aware that they will charge me £25 if they reject the claim. I just wanted to get some advice whether people think this is worth pursuing. Also if anyone who had a similar experience sees this I'd be interested to hear others thoughts/experience with claiming.


Thanks,
Chris

JPears

If this is your first communication with TUI then I think a return letter/email is in order not accepting their reason for an EC. Point out the aircraft had a technical issue on the previous rotation so they cannot claim an EC.
Mark your letter as an NBA/LBA giving them 14 days or whatever you considerable reasonable to make payment.
You will need to wait 8 weeks or have a deadlock letter from TUI to go to CEDR. I've never heard of CEDR charging a failed claim but it could happen.
The tui thread has been quite for a while but they are one of the proponents of spinning BS to a customer submitting a valid claim.

W41Ru5

I sent an email almost 2 weeks ago, so will give them a nudge if I don't hear anything. I will persist and update if I get anywhere. Thanks!

brewthebear

Hi I was on same flight got no email and not even any vouchers for food The flight was never listed until about 3pm with message saying gate being prepared.
My response was same from TUI so I have gone through Bottomline solicitors I sent them a copy of Tui reply and they have took case on I would rather get something via them than Tui keep refusing and it saves on the stress levels. The holiday was not spoilt as the late arrival meant we sailed through airport in no time and the roads to hotels were empty.

florita1

Hi,


I've been trying to claim from Tui for over a year now for a flight on 24.04.19 from Jamaica to London, which was delayed by 8 hours or so (I have checked but cnt recall, I believe I am owed the maximum amount). They responded in March saying I hadn't provided enough information following which I provided everything they could need.


I have now realised they were probably delaying as the five years are up in two weeks.


Can I do anything about this? Would a solicitor take my case on at this stage?


Or should I just chalk it up to experience.


*Edited because I believe I may actually have 6 years to claim?*


Any advice would be welcome (I cannot read V's guide due to restrictions on this computer but did so more than a year ago).


I tried to use resolver, in January 2018, which Tui ignored. I then tried to claim via their website early March this year and they quickly responded saying I had not provided enough info. I responded with the correct information on 06.03.19, but no reply.

JPears

When was you flight as currently the date you have put 24/4/19, would require you to be Dr Who with a TARDIS

Justice13075

Or Mystic Meg. It's only 5 years if you live in Scotland. 6 years if you live in England or Wales. Post your flight details

florita1

Oh dear! 🙈🤷!♀️

This was the scheduled flight:

Thomson Airways TOM019Depart:Montego Bay Thu 24-Apr-2014 16:40
toArrive:London Gatwick Fri 25-Apr-2014 07:20