Package Holiday Flight Delay

GlynnLeeBuzz

Hi everyone,
I have experienced a long delay on a flight as part of a cruise package with P&O, booked through a travel agent. The flight was a TUI charter booked by P&O just for their customers.
Who should I pursue for flight delay compensation? The travel agent who I paid my money to, P&O who I had a package holiday 'contract' with or TUI who provided the service to P&O?

I have contacted the travel agent who said I should contact TUI.
I have contacted P&O who have denied responsibility.
I have tied to call TUI but there is no option to speak to anyone about compensation.
I have emailed TUI but received to response whatsoever.
I have tried Resolver but also received no response.

Thanks in advance for your advice.

Westin

TUI Airways unless the flight delay was as a direct result and request by P&O cruises to delay the flight (late docking of ship due to weather etc).

You can't really speak to someone about claiming. You have to follow the procedures laid out by the airline.  Check on their website.

loadsacash

There is a claim form on the Tui Website
https://www.tui.co.uk/destinations/info/flight-delay

You can fill that in even if you have booked through a third party

k3lvc

Westin said:

TUI Airways unless the flight delay was as a direct result and request by P&O cruises to delay the flight (late docking of ship due to weather etc).

You can't really speak to someone about claiming. You have to follow the procedures laid out by the airline.  Check on their website.

Interested in why you think TUI given it was, according to the OP, a charter using TUI metal by P&O solely for their clients and the OP had no direct contract with TUI.

Given this was an exclusive charter does it make a difference to compensation (i.e. was there a loss that needs compensating as part of the overall holiday) - 

Alan_Bowen

The claim for a delay can only be made against the operating carrier, irrespective of whether the flight was part of a package or not. So long as the delay was not outside the control of the airline, so weather or ATC delays, then fill in the form as advised above

Westin

k3lvc said:

Westin said:

TUI Airways unless the flight delay was as a direct result and request by P&O cruises to delay the flight (late docking of ship due to weather etc).

You can't really speak to someone about claiming. You have to follow the procedures laid out by the airline.  Check on their website.

Interested in why you think TUI given it was, according to the OP, a charter using TUI metal by P&O solely for their clients and the OP had no direct contract with TUI.

Given this was an exclusive charter does it make a difference to compensation (i.e. was there a loss that needs compensating as part of the overall holiday) - 

Alan has boxed it off in his reply above.

It would be the airline for EU261/UK261 claims not the tour operator or charterer of the aircraft (P&O) . So TUI Airways not TUI Holidays, British Airways not British Airways Holidays, Jet2 not Jet2 Holidays etc.

The passenger carriage agreement would no doubt be built into the package/charterer's agreement with the operating airline. The delayed passenger therefore makes the direct approach to the operating airline. 

Westin

Just as an add on, the Op has not mentioned the reason for the flight delay or the actual delay to his arrival time  I think that is important to know to not only determine if EU261/UK261 would be due, but if the delay or flight rescheduling was as a request of the charterer. If the latter then it could be P&O that need to address delay claims in their own way. 

I have known cruise charters to be rescheduled or delayed leaving the UK when the overseas ship will be late into the oversea port and that overseas destination does not have suitable infrastructure to hold hundreds of new to board passengers in port facilities.  Typical of ex-Caribbean cruises if no local hotels are available to use for extended resort delays and port facilities lack, then deemed better to hold passengers in safety at LGW/MAN where at least they can be fed and watered.  

k3lvc

Thanks @Westin & @Alan_Bowen - great explanations and will be interesting to see if OP returns

bagand96

Westin said:

I have known cruise charters to be rescheduled or delayed leaving the UK when the overseas ship will be late into the oversea port and that overseas destination does not have suitable infrastructure to hold hundreds of new to board passengers in port facilities.  Typical of ex-Caribbean cruises if no local hotels are available to use for extended resort delays and port facilities lack, then deemed better to hold passengers in safety at LGW/MAN where at least they can be fed and watered.  

Sure I remember a thread here a few years ago where someone was after compensation in this exact circumstance. Think it was a TUI flight delayed in the UK at P&O's request due to the late running of the cruise ship. Passengers were fed and watered in a UK hotel, maybe even stayed the night, and then the flight operated significantly delayed, but to meet the cruise ship.

Most agreed this was a sensible course of action but the passenger wanted their €650, and may even have got it. One of those scenarios where's the regulations don't really work so well. 

GlynnLeeBuzz

Thank you very much for all your replies on this. The consensus is that I should pursue TUI Airways, not P&O or the travel agent, even though I did not have a direct contract with TUI.
I cannot complete the TUI form on their website as I do not have a TUI flight booking reference. As I booked through P&O I only have a P&O reference number. My travel agent and P&O have not been able to provide a suitable reference number to use on the TUI form. Emails to TYI are just ignored.
The flight delay was caused by a medical incident on board the plane at departure time, returning home from Barbados. The flight could have been made after the incident concluded, but the TUI airline captain took the decision to cancel the flight and rearrange for the following delay. The total delay was over 28hrs.

Alan_Bowen

On those facts I doubt there is any claim, the medical incident was outside the control of the airline, and pilots and crew operate under strict time limits. If the flight cannot be completed before their flight time limit expires, they made the right call in delaying the flight to the following day