Compensation for TUI ‘re-scheduled’ return flight one week earlier?

Dirose09

We’ve been advised by TUI that our return flight from Tenerife has been re-scheduled by exactly one week earlier from 24/11 to 17/11.  We contacted TUI twice to confirm our flight would go ahead although England is currently in lockdown and we were assured it would (even if they had to bring an empty plane!) I have proof of this on Twitter DM. We have accommodation booked for the week and will lose our money. Do I have grounds for a claim as the rescheduled flight will arrive one week earlier. We intend to stay on and book return flights after lockdown. 

Any advice appreciated. 

Caz3121

Is this a package or flight-only?
which airport are you due to arrive at?

epm-84

So if it's flight only the best option is probably to say the proposed return flight is not suitable and suggest the following (if they are suitable):
 - TUI putting you on the flight of another airline flying on the same day, for no additional cost and if it doesn't arrive at the same airport e.g. it's a flight to Liverpool instead of Manchester, then saying they also need to cover the cost of a train/coach to get back to Manchester.
- Staying in Tenerife until the next TUI flight home after the date you were due to travel, with TUI paying the additional costs of the extended say.

If that doesn't work and you fly back a week early you are entitled to compensation of up to

• 250 € for flights up to 1,500 km,
• 400 € for flights between 1.500 km and 3.500 and intra-Community flights of more than 1,500 km,
• 600 € for flights of more than 3,500 km.

per person under EU legislation (that still applies for all UK flights until at least 31st December 2020), in addition to a replacement flight or a refund for the cancelled return leg.  TUI could give you more than that but they can't, by law, give you less.

Unfortunately, I doubt most travel insurers will cover any additional expense as it would be curtailment due to airline changing their flight schedule, given the FCDO have not advised Britons abroad to return home early and there's no advisory in place for Tenerife.

Dirose09

Thank you
yes it is flight only. The option of the airline finding another flight on the same day is a bit slim. I’ve already checked and it seems nobody is flying direct to England at the moment. I’ve looked at options of flying via Ireland due to travel corridor but this is quite an awkward journey as flight connections don’t match up well. 

It doesn’t look like TUI are resuming flights until 11th December. 

We’ve considered option of returning early but compensation only appears to be for delayed flights not flights arriving early. We’d also lose money we’ve paid for accommodation. 

Our preference is to stay on until first flight in December. Jet2 look best option on 3rd December. 

Caz3121

Dirose09 said:

It doesn’t look like TUI are resuming flights until 11th December. 

does that mean the flight on 17th you have been offered does not exist? which airport were you due to arrive at?

bagand96

There's flights with Ryanair on the following dates back to England:

Birmingham 22/11
East Midlands 23/11
Liverpool 22/11
Manchester Daily
Bristol 21/11

Perhaps one of these options may enable you to make the most of your holiday and your booked accommodation?

Posters above are correct, TUI should provide you with alternative flights as per EC261.  However convincing them of this may be a challenge.  You might consider booking the alternative flights and sorting out the financials when you get back.  As long as you inform TUI you are doing this (and keep proof).

Again normally TUI should arrange and pay for the alternative flight.  However, some of these Ryanair flights are understandably very very cheap.  So it might work out better claiming a refund for your original flight rather than the cost of the replacement.  You can also argue for EC261 compensation when you get back, they will undoubtedly claim exceptional circumstances under C-19 so that might be a fight.

Thrugelmir

Claim on your travel insurance for curtailment. No certainty that the lock down will be lifted as yet. 

Dirose09

Thank you for the useful information. I didn’t see the Ryanair flights. I think if Jet2 cancel we’ll use them to get home. I’ll contact TUI as suggested. 

epm-84

bagand96 said:

You can also argue for EC261 compensation when you get back, they will undoubtedly claim exceptional circumstances under C-19 so that might be a fight.

It's difficult for them to argue the cancellation is solely down to circumstances outside of their control when they are flying during one week of 'lockdown 2.0' but not another.

epm-84

Dirose09 said:

but compensation only appears to be for delayed flights not flights arriving early.

Your flight isn't arriving early.  They've cancelled it and they've suggested you can fly home on a different flight a whole week earlier.  

Thrugelmir

epm-84 said:

bagand96 said:

You can also argue for EC261 compensation when you get back, they will undoubtedly claim exceptional circumstances under C-19 so that might be a fight.

It's difficult for them to argue the cancellation is solely down to circumstances outside of their control when they are flying during one week of 'lockdown 2.0' but not another.

Where does the flight originate from?  Might not be the UK.