Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

To quote JPears, it's another BS job! (A) A burst tyre is an operational matter. (B) It happened on an earlier flight than yours. So pursue it and if they refuse ask for a deadlock letter to go to CEDR or else send them a notice/letter before action and if they still refuse, sue them

JPears

Like magpie says.
Don't play letter ping pong with them.
One more letter to them, marked as an NBA/LBA stating that a burst tyre on a previous flight is NOT an EC making your claim completely valid.

spionfox

Hi - Flight TOM7344 from EMA to FUE was delayed by over four hours - we had heard it was due to a burst tyre and another plane had to be diverted to take us to our destination. (felt sorry for the replacement plane passengers as they were expecting to fly to MAN but had to disembark at EMA and get coach instead!)

Registered a claim with TUI and have now received a rejection - key parts as follows:

**** From Email ****

In a limited number of circumstances Regulation of the European Union (EU 261/2004) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.


In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM7344 from East Midlands to Fuerteventura and our delay handling logs show that the flight was delayed due to in flight damage which required immediate repair .


So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe. In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

20. In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair.

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.


The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.



**** End of Email ****

Not sure if this is worth appealing against. We had only heard rumours of a burst tyre but this doesn't appear to be the stated 'in flight damage'.

Any advice or opinions please?

Many thanks.

Justice13075

Firstly put your flight details into bottonline and euclaim and see what they say then come back.

spionfox

Thanks. Bott suggest a valid claim and EUClaim states possible compensation. Any idea which is the best to go with re fees etc? My gut feel is Bott but would welcome other opinion. Thanks again.

Chazmer

Hi All

Long story short, our flight yesterday was cancelled (delayed by 29 hours?) due to technical difficulties.

It's part of a package holiday and we're now basically missing 2 days.

We're thinking about cancelling and just rebooking, however we're curious if we're still entitled to compensation? (as it stands just now it's looking like the plane will be delayed longer)

Anyone know the scenario for cancelled holiday + compensation?

Tyzap

spionfox wrote: »

Thanks. Bott suggest a valid claim and EUClaim states possible compensation. Any idea which is the best to go with re fees etc? My gut feel is Bott but would welcome other opinion. Thanks again.

Hi, I would highly recommend using Botts as the case the airline is wrongly quoting was taken to the Supreme Court by Botts.

They will know better that anyone that what you have been told is complete nonsense.

Good luck.

Alan_Bowen

Lots of 'ifs' in this situation. On the face of it you are entitled to EU261 compensation for a 29-hour delay but 99% of booking conditions of tour operators also say that of itself is not grounds for cancelling your holiday and getting a full refund.

If you have a good insurance policy it may say you can cancel after 24 hours and get a full refund, in which case you should be OK. If you don't and the tour operator says it will not offer a refund if you cancel, you might have to take legal action. The shorter the holiday the easier it is to argue that the change is significant and therefore justifies cancellation. A 7 night holiday would certainly allow a cancellation, a 21 day holiday perhaps less so.

The relevant law is the Package Travel and Linked Travel Arrangements Regulations 2018 and you must contact the operator before taking action. If it is their associated airline, so TUI or TC, talk to their staff at the airport, if not then call customer services and tell them you believe the delay amounts to a significant change to what you bought.

jpsartre

Chazmer wrote: »

Anyone know the scenario for cancelled holiday + compensation?

The two things are unrelated. If your flight is cancelled and you're due compensation, that won't change whether you cancel or take the holiday.

legal_magpie

Is the airline the same as your travel company?