TUI non-existent booking - can I claim compensation?

Eazyeac

Hi all, 
         Bit of a weird one here but looking for some advice on what I might be entitled to. I booked a last minute flight through TUI to go from Glasgow to Menorca the following day. I turn up to the airport, find out it's a BA-operated flight and try to check in. I give the woman on the check-in desk my booking reference and passport but she tells me there's no record of my booking and says I'll have to phone TUI myself to sort it out. She said there was nothing she could do as it was booked through TUI so it wasn't BA's problem.

Long story short, I spent 3 hours on the phone to TUI before finally speaking to someone and missed the flight. The call centre operator was apologetic but couldn't really help and said she could see that the booking hadn't been added on at their end. She offered to rebook me on to a flight from Newcastle and Manchester the next day, which I said wasn't practical.

I ended up booking a flight to Majorca from Glasgow for the following day, and then a flight from Majorca to Menorca. I'm just wondering if people can tell me what I should say in the complaint email to TUI. I take it I'm entitled to the following:

- Flight refund (already paid)
- A night's accommodation cost
- The rebooked flights and baggage costs
- Any compensation? If so what?

Thanks in advance for any help or advice on wording. And seriously, never ever book TUI, spare yourself this misery.

eskbanker

Not sure I'm following why you weren't able/willing to travel via Newcastle or Manchester but were able/willing to do so via Majorca, including an overnight stay?

In terms of flight costs, you can't claim for both the original phantom booking and also the actual one, as this would leave you as having travelled free.

There's no obvious applicability of legal obligations regarding what TUI are required to pay you, so it'll just be a case of negotiating something that works for both parties, rather than hoping that there's a clear entitlement to anything here....

Eazyeac

Hi eskbanker, thanks for this. I don't drive so it would've been around 3/4 hours of train journeys to get to Newcastle/Manchester airports and I think the flights were pretty early the following day too so wouldn't have been doable.

There was no overnight stay in Majorca, just a two-hour wait in the airport to get a 20 minute flight from Majorca to Menorca. There were no other flights from Glasgow/Edinburgh to Majorca for another 3 days.

Thanks for the advice on the legal compensation.

onashoestring

As eskbanker has said you do not have any legal entitlement to anything more than the refund - which you have already received.

You can ask TUI to pay the extra to cover the additional cost of your replacement flight ( minus the refund that they have already paid you ) as it was their mistake with the original booking - but this would be a goodwill gesture only .

It’s not clear why you needed a night’s accommodation? 

Sandtree

You need to read the T&Cs, normally the contract isn't formed until the ticket is issued and clearly in this case the ticket was never issued. As such you are then down to goodwill gestures rather than contractual or statutory rights. 

What was the price difference between the original refunded flights and the revised flights you bought?
Presumably the nights accommodation was the first night in Menorca that you lost?

bagand96

EC261 compensation will be difficult here because that applies to the operating airline, there's no EC261 liability on a travel agent (which in this case TUI were) 

A denied boarding compensation claim against British Airways would fail because you didn't have a ticket.

I would claim from TUI for the costs of your replacement flights and overnight stay. Whilst you can't use EC261 against them if they argue you could perhaps quote it as a useful reference though. @eskbanker is correct in saying you can't claim a refund for the original booking and the replacement flights, one or the other.