Flight delay and cancellation compensation, Tui/Thomson ONLY

lisaxxxxx

Hi we were recently on a tui flight from punta cana to London Gatwick on 16th December 2018 when a customer decided to tell the flight attendants that he had left his kindle in his case on the hold - 10 more people then came forward and said they had too as they were not aware that they could not do this. The captain decided he didn't want to take the risk and asked for the cases to be removed and the items taken out of the cases. He told us he was sorry and that we could claim compensation as many people had connecting flights and work etc

We eventually landed 4 hours later than expected and our claim for compensation has been denied due to security reasons claiming extraordinary circumstances - do you know if we could fight this for compensation as the airport should have found these items when scanning the cases before boarding. I also remember when there were security measures put in place flying to Egypt and turkey that people were told they had to put all electronics in their cases and not hand luggage so it seems one rule for one and one rule for the other.

Alfrescodave

What are you claiming compensation for?
Did you miss a connecting flight ? or had subsequent additional costs due to the delay?

Tyzap

Hi Lisa,

I think you could argue that this is not an EC.

This is the advice offered by the CAA...

https://www.caa.co.uk/Passengers/Before-you-fly/Baggage/Items-that-are-allowed-in-baggage/

It says that these items are allowed in hold baggage....

Portable electronic devices such as watches, calculating machines, cameras, cellular phones, laptop computers, camcorders when carried for personal use.

Each installed or spare battery must not exceed the following:

lithium metal batteries, a lithium content of not more than 2 grams;
or
lithium ion batteries, a watt-hour rating of not more than 100 Wh.
Batteries and cells must be of a type which meets the requirements of each test in the UN Manual of Tests and Criteria, Part III, subsection 38.3. It may be necessary to contact the battery manufacturer prior to travel to confirm they have complied with the requirements.

Should be carried in carry-on baggage. If a device is carried in checked baggage, measures must be taken to prevent unintentional activation and to protect from damage. The device must be completely switched off (not in sleep or hibernation mode).

Portable electronic devices (including medical devices) containing lithium metal or lithium ion cells or batteries (articles containing lithium metal or lithium cells or batteries, the primary purpose of which is to provide power to another device must be carried as spare batteries)./I]

If the rules are different leaving Puta Cana they should have informed you.

You say you were delayed by 4 hours so be aware that a delay upon arrival (first door open) of 4 hours or more will attract €600 compensation but if it's below 4 hours it will be halved to €300 p/p. You need to be very precise with your timing if it is close to the 4 hr limit.

Please post anything further in the TUI thread here...

https://forums.moneysavingexpert.com/discussion/4384699/flight-delay-and-cancellation-compensation-tui-thomson-only

Good luck.

lisaxxxxx

16. Dec 2018: TUI Airways BY45 from Punta Cana to London
Flight Number
Landed BY45
Callsign: TOM045

Show all BY45

Thank you Tyzap this is the actual times. I was rejected as they called it extraordinary circumstances but we were not told at check in that we could not put kindles etc in our hold luggage. I did not have any in my case but one person confessed on the plane for some reason and then during the 5 hour delay on the plane, 10 more people came forward and said they also had kindles etc on their cases so they had to take all the cases off for the passengers to identify their cases.

Route
From: Punta Cana (PUJ)
To: London (LGW)
Scheduled
Departure: 18:20 (22:20 UTC)
Arrival: 06:30 (06:30 UTC)
Actual
Departed: 23:11 (03:11 UTC) 291 min delayed
Arrived: 10:19 (10:19 UTC) 229 min delayed
Route Details
Flight Time: 8h 10m
Distance: 6,904km (4,288mi.)
Avg Speed: 845kmh (525mph)

lisaxxxxx

Refused TUI compensation- Extraordinary circumstances?

Hi we were recently on a tui flight from punta cana to London Gatwick on 16th December 2018 when a customer decided to tell the flight attendants that he had left his kindle in his case on the hold - 10 more people then came forward and said they had too as they were not aware that they could not do this. The captain decided he didn't want to take the risk and asked for the cases to be removed and the items taken out of the cases. He told us he was sorry and that we could claim compensation as many people had connecting flights and work etc

We eventually landed 4 hours later than expected and our claim for compensation has been denied due to security reasons claiming extraordinary circumstances - do you know if we could fight this for compensation as the airport should have found these items when scanning the cases before boarding. I also remember when there were security measures put in place flying to Egypt and turkey that people were told they had to put all electronics in their cases and not hand luggage so it seems one rule for one and one rule for the other.




# 3
Tyzap Today, 10:54 AM
Serious MoneySaving Fan



Hi Lisa,

I think you could argue that this is not an EC.

This is the advice offered by the CAA...



It says that these items are allowed in hold baggage....

Portable electronic devices such as watches, calculating machines, cameras, cellular phones, laptop computers, camcorders when carried for personal use.

Each installed or spare battery must not exceed the following:

lithium metal batteries, a lithium content of not more than 2 grams;
or
lithium ion batteries, a watt-hour rating of not more than 100 Wh.
Batteries and cells must be of a type which meets the requirements of each test in the UN Manual of Tests and Criteria, Part III, subsection 38.3. It may be necessary to contact the battery manufacturer prior to travel to confirm they have complied with the requirements.

Should be carried in carry-on baggage. If a device is carried in checked baggage, measures must be taken to prevent unintentional activation and to protect from damage. The device must be completely switched off (not in sleep or hibernation mode).

Portable electronic devices (including medical devices) containing lithium metal or lithium ion cells or batteries (articles containing lithium metal or lithium cells or batteries, the primary purpose of which is to provide power to another device must be carried as spare batteries)./I]

If the rules are different leaving Puta Cana they should have informed you.

You say you were delayed by 4 hours so be aware that a delay upon arrival (first door open) of 4 hours or more will attract €600 compensation but if it's below 4 hours it will be halved to €300 p/p. You need to be very precise with your timing if it is close to the 4 hr limit.

Please post anything further in the TUI thread here...



Good luck.

Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.

Last edited by Tyzap; Today at 11:21 AM. Reason: Add TUI thread link.

# 4
lisaxxxxx Today, 12:20 PM
MoneySaving Newbie



16. Dec 2018: TUI Airways BY45 from Punta Cana to London
Flight Number
Landed BY45
Callsign: TOM045

Show all BY45

Thank you Tyzap this is the actual times. I was rejected as they called it extraordinary circumstances but we were not told at check in that we could not put kindles etc in our hold luggage. I did not have any in my case but one person confessed on the plane for some reason and then during the 5 hour delay on the plane, 10 more people came forward and said they also had kindles etc on their cases so they had to take all the cases off for the passengers to identify their cases.

Route
From: Punta Cana (PUJ)
To: London (LGW)
Scheduled
Departure: 18:20 (22:20 UTC)
Arrival: 06:30 (06:30 UTC)
Actual
Departed: 23:11 (03:11 UTC) 291 min delayed
Arrived: 10:19 (10:19 UTC) 229 min delayed
Route Details
Flight Time: 8h 10m
Distance: 6,904km (4,288mi.)

lisaxxxxx

Sorry to confuse anyone I am new to these threads and Tyzap kindly told me to post on this thread and I didn't really know how to do it apart from copy and paste and remove the links as I'm a newbie!!

Thank you Tyzap for your kind and helpful reply

lisaxxxxx

This was my rejection email from TUI

Thank you for taking the time to contact us regarding your flight delay claim.







In a limited number of circumstances regulation of the European Union (The Regulation 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 TOM045 Punta Cana to London Gatwick and our delay handling logs show that the flight was delayed due to Security Reasons.







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:







8. Removal of unaccompanied baggage due to a serious security concern as imposed by the security regulation.







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.







Thank you again for taking the time to contact us.





Yours sincerely,

Justice13075

EuClaim says you could be due €600 per passenger. Put your flight details into bottonline and see what they say. Then come back.

Justice13075

EuClaim says you could be due €600 per passenger. Put your flight details into bottonline and see what they say. Then come back.

lisaxxxxx

Justice13075 wrote: »

EuClaim says you could be due €600 per passenger. Put your flight details into bottonline and see what they say. Then come back.

Thank you is that bottomline.co.uk?