Flight delay and cancellation compensation, Tui/Thomson ONLY

Caz3121

Bobbymax said:

I believe TUI may not be complying with EU regulations by refusing to compensate passengers for this. Am I right?

have they refused to reimburse these costs?...there should be reimbursement under EU261 duty of care when you send copies of the receipts

MJwalsh

They have to ,not only ,reimburse you the statutory amount you are owed but also additional costs. 
In my experience TUI tried everything they could to avoid paying me. Stand your ground and refuse to back down. 

Bobbymax

Caz3121 said:

Bobbymax said:

I believe TUI may not be complying with EU regulations by refusing to compensate passengers for this. Am I right?

have they refused to reimburse these costs?...there should be reimbursement under EU261 duty of care when you send copies of the receipts

Communicated via Facebook with them. Refused to consider extra costs beyond the actual flight delay compensation and the letter they gave us on arriving at Manchester suggests they don't think they are responsible for that. I thought I was in the right but wanted confirmation before taking things further.

ladyjeeves

Last year at the advice of this forum (thanks Tyzap) I had a successful appeal through CEDR against TUI for a 5+ flight delay from CUN to MAN.  At the time of submitting the appeal I had thought I was delayed simply because of the late incoming flight due to snow in MAN.  Turns out there was more to it (crew change, passenger offload, missing passengers).  Anyway - my nephew recently returned from CUN to LGW and his flight TOM023 was delayed almost 28 hours - presumably solely because Storm Ciara delayed TOM022 which arrived into CUN a day later too.  TUI have rejected his claim (quoting extraordinary circumstances) and before I help him with a CEDR appeal I wanted to check if there had been any changes in the last 12 months that might affect what we do next.  Thanks in advance.

Bobbymax

Bobbymax said:

Caz3121 said:

Bobbymax said:

I believe TUI may not be complying with EU regulations by refusing to compensate passengers for this. Am I right?

have they refused to reimburse these costs?...there should be reimbursement under EU261 duty of care when you send copies of the receipts

Communicated via Facebook with them. Refused to consider extra costs beyond the actual flight delay compensation and the letter they gave us on arriving at Manchester suggests they don't think they are responsible for that. I thought I was in the right but wanted confirmation before taking things further.

Positive Update: Tui have not only reimbursed all additional costs but have now accepted flight delay compensation claim and are set to send £1068.
It took a little over the promised 56 days but that is understandable in the circumstances. I hope all fellow passengers have had the same result.

JPears

Good result.

Lindajames

Hi, I have an on going claim against tui via mcol since flight delay to Barbados in December 2017, been through cedr which was rejected after 2 cases had already been allowed, lots of inconsistencies on adjudicators report. After hold up because of Covid case now being heard in a hearing with non attendance. Now I have to submit bundle of all paperwork yet again but electronically listing a Court Order as one of the items. Does anyone know what this specifically is? Is it just facts and evidence they need in a list form?? This has been going on too long now, advice appreciated

Lindajames

As in my previous comment its a Draft Order not court order, sorry. If anyone can shed any light on what this entails much appreciated 

legal_magpie

Assuming that this is a small Claims case, you send the Court and the other party copies of all documents on which you intend to rely.  These should include a witness statement setting out the factual basis of your case, i.e. what happened.  You don't need to include any court orders.  I don't understand what they mean by sending a draft order as this wouldn't appropriate in a case such as this when you are a litigant in person.  If there are any issues of law that you want to raise, you should include them in a separate document titled "skeleton argument"but if you are in one of the specialist airline courts, the Judges there all know the issues.   

Lindajames

Thanks legal magpie. Notice of trial said I need to send bundle electronically with Case summary, parties position or skeleton arguments, any previous orders to remote hearing, any application for determination or pleadings, all essential documents to determine the issues that fall for determination at remote hearing and finally A draft order. This hearing was to be held in April so assume its now remotely as I had already posted all relevant papers. So just gonna send what I had posted and put a covering statement in. I have two witness statements too which I'd posted with them so will just repeat process via email.