Flight delay and cancellation compensation, Tui/Thomson ONLY

edited 1 July 2014 at 3:03PM in Flight Delay Compensation
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  • edited 19 August 2019 at 10:33AM
    Rickb110Rickb110 Forumite
    23 Posts
    edited 19 August 2019 at 10:33AM
    Tyzap wrote: »
    Hi Rick,

    It appears that you left MAN about 50mins late and then made an unscheduled landing at FUE. After an hour on the ground there, presumably to take on more fuel, you departed for BVC.

    Unfortunately there is no radar FR24 coverage in the region of BVC so I could not be accurate about a landing time.

    As the distance from MAN to BVC is over 3500km you would need to be over 4hr late to receive compensation at the full rate of €600.

    However, as you appear to have arrived between 3 and 4 hours late you would be entitled to 50% of the full rate, so €300 each appears to be correct.

    Also check Botts flight delay calculator for confirmation, then let us know.

    Good luck


    Botts looks like it says it's a no go :


    Congratulations!

    Claim your compensation now
    €0 per passenger
    Complete your details below to start your claim against the airline. It’ll take less than a minute.


    Although I did chuckle at the "Congrats claim 0"


    Is this final/accurate? I am fairly certain the delay was more than 3 hours as my phone pinged when we landed and I got signal, vodafone telling me I was out of the country basically but it gave me a time.

    UPDATE: Just got an email from Botts saying I could claim £550 per passenger now, I assume that's just them going "max possible" and firing it out as an email rather than it based on actual info
  • Hi i rang this number 02034512695. I selected "i have returned from holiday" and then there is an option about flight delay claims. From memory you can press 1 to lodge a claim or 2 to get an update on an existing claim.
    Good luck with yours I just seem to be chasing my tail with them
  • TyzapTyzap Forumite
    2.1K Posts
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    Rickb110 wrote: »
    Botts looks like it says it's a no go :


    Congratulations!

    Claim your compensation now
    €0 per passenger
    Complete your details below to start your claim against the airline. It’ll take less than a minute.


    Although I did chuckle at the "Congrats claim 0"


    Is this final/accurate? I am fairly certain the delay was more than 3 hours as my phone pinged when we landed and I got signal, vodafone telling me I was out of the country basically but it gave me a time.

    UPDATE: Just got an email from Botts saying I could claim £550 per passenger now, I assume that's just them going "max possible" and firing it out as an email rather than it based on actual info

    Hi Rick,

    In a case like this you may be better giving their call centre a ring and discus it with them. The online form filling is rather generic and you probably need a more specific reasoned decision from them. They are usually very friendly and helpful tho:)

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • denisecam wrote: »
    Hi i rang this number 02034512695. I selected "i have returned from holiday" and then there is an option about flight delay claims. From memory you can press 1 to lodge a claim or 2 to get an update on an existing claim.
    Good luck with yours I just seem to be chasing my tail with them


    Thanks so much for this I have just chased and they said they are currently working on a backlog and not yet got to mine, but she has flagged it with them now that I have rang an I should receive a cheque shortly
  • ppl_2ppl_2 Forumite
    2 Posts
    Part of the Furniture Combo Breaker
    MoneySaving Newbie
    Five of us on our way back from Menorca were delayed and received an email from Thomson’s to say we were delayed for an hour and a half due to “operational issues “. The delay carried on and I used the time to read the MSE instructions on how to claim compensation. When we finally arrived in Manchester over three hours late, I photographed the arrivals board to prove that the landing was over the three hours.
    With my letter to Thomson’s I sent copies of our five boarding passes, the original booking showing the time we were due to arrive, the photo of the arrivals board and a copy of their email saying the delay was due to “operational issues “.
    RESULT! £1,840
  • legal_magpielegal_magpie Forumite
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    Well done ppl. Not bad in 2 posts:)
  • A few months back we returned from holiday, and were delayed 3:15 by the time we landed back in the uk.

    I raised a resolver case, which Tui contested. In their defence - they claimed that the scheduled arrival time was half an hour later than stated on our booking confirmation documents (effectively making our flight only 2:45 late). I provided copies of our booking confirmation letter as evidence.

    The adjudicator has just ruled in Tui's favour - the key sentence in the ruling being "the schedule in the booking details was subject to change", after previously saying that the "evidence is finely balanced".

    Can this be right?! How can Tui 'adjust' arrival times without informing passengers? This just smacks of them fiddling the times to work around the fine threshold.

    Is there any scope here to 'respond' (or appeal?)?
  • legal_magpielegal_magpie Forumite
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    IMHO if TUI rescheduled the flight, including arrival time, in advance and gave you notice, you don't have a claim but if they didn't then you do. It's a question of fact. Did TUI provide evidence of notification in advance to the adjudicator?
    There isn't a right of appeal but if you are aggrieved, you can issue Court proceedings but I would make sure of your facts because if you lose you might end up having to pay TUI's costs on the grounds of unreasonable conduct in relitigating without new evidence.
    Have you tried using Bott online or EUclaim checkers?
  • TimotheaTimothea Forumite
    177 Posts
    Sixth Anniversary Combo Breaker
    I agree with legal magpie.

    If you still have your boarding card, what is the departure time shown on it? Boarding cards are generated by the airline's computer systems when you check in. A boarding card showing the earlier departure time would support your claim. However, if the boarding card shows the later departure time, or you don't have any other new evidence to support your claim, then you could come a cropper.

    Courts like evidence, especially physical evidence, to support your case or to undermine your opponent's defence. Original documents are good. This is why everyone should keep boarding cards, receipts, etc. if they think they might have a valid claim.
  • TimotheaTimothea Forumite
    177 Posts
    Sixth Anniversary Combo Breaker
    I am currently helping three family members, who booked a long-haul package holiday with First Choice, to make a claim against TUI Airways for a two-day flight delay and the eventual cancellation of their holiday. They are claiming for the following:

    • Flight delay/cancellation compensation (under EC 261/2004)
    • Refreshments, meals, transportation and accommodation costs (under EC 261/2004)
    • Additional transportation and accommodation costs (under The Montreal Convention)
    • Additional prepaid package holiday component, not refunded (under The Package Travel ... Regulations 1992)

    They initially contacted TUI by phone and email to ask for a refund of their reasonable subsistence and accommodation expenses during the long delay, but TUI refused to refund anything. They followed up with other emails without any response for over a year. They then tried Resolver for several months, but there was still no response from TUI. As a last resort, they sent a Letter Before Action in August: still no response.

    A money claim was then issued, and service has been acknowledged by TUI's external flight delay lawyers, defending the whole of the claim. A disclosure request for relevant internal documents was then sent to the lawyers, but there has still been no substantive response from them or TUI.

    Given the almost complete silence from the other side, I am wondering what our next steps should be and what we should be preparing for the hearing if this stonewalling continues. Any advice or suggestions would be gratefully received.
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