TUI flight delays - interpretation of EC261 rules

Fleo

Earlier this month we were delayed over 24 hours flying back from Egypt. The original plan was to take us to a hotel in Sharm but this was then changed to Kos where we flew to in the early hours of the morning (then taken to a hotel for the day before flying home later that evening). 

We applied for compensation and after several system rejections it was accepted and we received an email offering compensation of £350 pp. 
As the flight originated from Egypt, was delayed over 24 hours, and, was a distance of 4111 kilometres we have challenged why they have awarded the lower amount. 

TUI’s response was that the claim is being treated as from Kos (so in Europe) as the flight was diverted there for reasons outside of their control. 

This just doesn’t make any sense as to why they would agree to pay it at all if they believe it was outside of their control. The flight from Egypt was delayed due to the outgoing flight from Manchester being delayed meaning the crew would have exceeded their hours. TUI have confirmed “staffing issues” as the reason. 

Does anyone have any experience of a situation like this and is there any justification at all in them categorising it as a Europe flight? 

It’s impossible to speak to anyone and the messenger team just keep cutting and pasting genetic responses about going through ADR if not happy. We simply believe they should just apply the EC261 regs correctly. 

Thank you in advance! 

Alan_Bowen

No, this appears to be penny-pinching by TUI. You booked and paid for a flight from Egypt, not Greece, and the delay is clearly for a flight in excess of 3500km so you are entitled to £520 per person. However TUI's flight operations are in a mess right now with dozens of delays and cancellations, so expect another delay in the response.

CKhalvashi

I agree this should be a £520pp claim.

There is Captain's discretion for duty time extensions. That the Captain (or TUI if it had to go to the Chief Pilot as is the case in some airlines) refused to authorise this is TUI's problem, not yours. A flight of that length should have been re-crewed before departure specifically to avoid this situation happening, however again that TUI did not (or were unable to) do this shouldn't be your problem.

Westin

I also think it should be the higher amount based on a departure from Egypt.

Could the issue be the claim process? You mentioned some system issues/limitations.

Did you make the online claim using SSH MAN and your original TOM flight number - or did you claim as KGS MAN with either then original flight number, or as often happens a new flight number used for disrupted/delayed flights?

Fleo

Hi yes I put SSH to MAN. The flight that left KGS had the same (original) flight number. However our friends have had their form rejected saying it has to state KGS on it for it to be considered (they have also had another email saying they’ve already been compensated!!). 

TUI will not reply-consider my claim and have just told me (via messenger as the delay team will not reply) to go through ADR if I’m not happy.  Have decided to take the lower amount and then go through ADR for the rest - TUI won’t re send me the link though for payment so on and on we go! 

Thank you for replying 

CKhalvashi

Fleo said:

Hi yes I put SSH to MAN. The flight that left KGS had the same (original) flight number. However our friends have had their form rejected saying it has to state KGS on it for it to be considered (they have also had another email saying they’ve already been compensated!!). 

TUI will not reply-consider my claim and have just told me (via messenger as the delay team will not reply) to go through ADR if I’m not happy.  Have decided to take the lower amount and then go through ADR for the rest - TUI won’t re send me the link though for payment so on and on we go! 

Thank you for replying 

Please do go the whole way.

If TUI have to pay out for compensation qnd the ADR, they are less likely to try to pull this stunt on someone else.

TELLIT01

TUI are a nightmare to deal with.  Before Covid my sister-in-law and her husband travelled with 2 other couples and their return flight was delayed.  All 3 couples were offered different amounts of compensation for exactly the same circumstances.  It took my s-i-l months the force TUI to pay the full amount.

JPears

I would be inclined to refuse the amount offered and press on with ADR for full amount in one go.

TUI might try to claim that the settlement they have given is a full and final settlement.

Fleo

Just an update on this. Our friends who travelled with us had applied separately  and have been offered and paid the full (and correct) compensation. I emailed once again to complain about this and last week received a response saying they will pay the full amount and blamed the previous calculation on a ‘system error’ (despite them repeatedly rejecting my query!). A result in the end.