Packaged holiday via Tui, flights cancelled but am I due a compensation? 13 July 2022 at 9:25AM in Coronavirus travel help & info 4 replies 115 views

Jannas187

We have booked a dream packaged holiday with TUI to Mauritius. It was suppose to be our honeymoon too! Exactly 7 days before we are due to fly TUI send me an email saying that one of our connection flights were cancelled and if I don't pay £2000 for the new flights then they will cancel the holiday. Flights would have been from Gatwick to Istanbul and then Istanbul to Mauritius and flights were with Turkish Airlines. 

After trying for hours to get through to TUI to try and speak to someone, finally got through and the person said that it was the second leg  of the flight (Istanbul to Mauritius) that got cancelled. Turkish airlines did offer an alternative flight to TUI which was just 24 hours later, but i was told because it was 24 hours after the first leg of the flight, they (TUI) did not accept the flight and put the charge of the new flights to us. So if I don't pay the £2000 then TUI will cancel the holiday. 

I've mentioned that it is our honeymoon but i got no help from them. I've asked for some sort of compensation but that was just stopped dead in the tracks there and said they will not offer any compensation (or even a goodwill voucher) to try and make up for the loss. I had no choice but to accept the refund.

My question here is, am I due some compensation because of the cancelled flight within 7 days? and who will the compensation claim be with? TUI because we booked a packaged holiday (flights and hotel) via them or will it be with Turkish Airlines? 

Happy to hear what I can do about some sort of compensation. We have written a complain letter to TUI but have not heard anything back from them and if has been over 6 weeks.

Thanks 
Jannie

lisyloo

Have you looked for alternative holidays?

I don’t think you’ll be entitled to any compensation however disappointing it is which is clearly is for a honeymoon. You don’t have a financial loss if you are being offered a full refund.

I’d be spending my time looking at the alternatives.

eskbanker

Jannas187 said:

My question here is, am I due some compensation because of the cancelled flight within 7 days? and who will the compensation claim be with? TUI because we booked a packaged holiday (flights and hotel) via them or will it be with Turkish Airlines?

It's the operating carrier's responsibility to compensate under the UK/EU 261 regulations, but the fact that it was the second leg that was cancelled may complicate matters, as that was from one non-EU destination to another and therefore outside the scope of those regulations, although if it was booked as a through connection on a single ticket then I believe that ought to take care of that.  There is still the question of whether or not the cancellation was the airline's fault though, so you'd need to establish that.

silvercar

My understanding is that a cancellation with less than 14 days notice means that they are obliged to get you to your destination b re booking you. As this would have been one ticket, departing the UK it is within the scope of compensation. 
TUI should not have rejected the offer of a new flight without consulting you. TUI should not be charging you any extra, IMHO they are trying it on. I would reject their offer to pay more and say you want the new flights. Its a risk, but you could consider paying "under duress" and fighting for a refund after your holiday.

Alan_Bowen

There are two possibilities here, a claim for cancellation within 7 days against TUI, their booking conditions set out fixed amounts which, without checking ,I think are £100 per person.

Secondly, you might have a claim against Turkish Airlines if the second flight was really only cancelled 7 days before travel. The problem may be that TUI was notified more than  14 days before travel but failed to tell you in which case no claim but if the flight really was cancelled within 14 days of travel you should be entitled to £520 per person as the law is quite clear that if the ticket is issued as a through ticket, then you are protected even if it is the second flight rather than the one from the UK that has been cancelled.