Sun Express delay compensation refused

Bmwbmwbmw2023

I booked a holiday with TUI to Turkey, to which TUI used the airline Sun Express myself, my partner and our 3 children.  Our homeward bound journey was due to leave Antalya airport on Wednesday 5th July 23 at 15.25hrs (local time) when we delayed.  Where were never told what the deadly was but it was clear by being sat at the gate they had mechanics working on the aircraft. We eventually took off at 19.47 hrs (local time)which was (4hours 22 minutes late). We were due to land at Manchester at airport 18.20hrs (GMT) but the delay meant we actually landed at 22.19 (GMT) some 3 hours 59 minutes after our scheduled landing time. And therefore i believe i am entitled to compensation. As we were delayed getting to our destination by more than 3 hours and the fact the flight distance was between 1500km and 3500km, I made a claim to Sun Express for the 5 of us and determined that we would be owed £350 each meaning a total of £1750. My claim was rejected by SunExpress Customer Relations, a screen shot of the rejection is attached.

We were delayed by 3hours 59minutes arriving to our destination, we lost our transport home from the airport. It put a great deal of stress on the family and prevented the children going the school the next day as they where tired. There was no communication and it wasn't an enjoyable experience

I believe I am entitled to £1750 in total.  I have since used the resolver tool however SunExpress have failed to respond.

I really don’t know where this is going and feel like giving up.

Caz3121

I believe the SHY regulations are what you should be claiming under (as a non-EU airline departing outside the EU, EU/UK261 would not apply.
link to regulations here https://web.shgm.gov.tr/doc4/shy-passenger.pdf
note under Article 7 for flight delays it does not refer to rights to Article 8 (compensation)

bagand96

SunExpress are a Turkish airline. Non EU/UK airline departing from a non EU/UK airport means the EU or UK regulations are not applicable. 

Bmwbmwbmw2023

Having read the link to the first document i read that as being entitled to it

Caz3121

Bmwbmwbmw2023 said:

Having read the link to the first document i read that as being entitled to it

If you read what you are entitled to, it lists

1) The assistance stated in the clause (a) of paragraph one of Article 10 and paragraph two of Article 10.
(Article 10(a) refers to Duty of care - refreshments etc whilst delayed)

2) The assistance stated in the clauses (b) and (c) of paragraph one of Article 10, if the expected time of departure is within the day or days after the announced time of departure.
(Article 10(b) refers to overnight accommodation if applicable, 10(c) is transportation to/from the accommodation)

3) The assistance stated in the clause (a) of paragraph one of Article 9, when the delay is at least five hours,
(Article 9(a) refers to a refund)

Which section are you reading that says Article 8 (Right to compensation) is applicable to Article 7 (Delay for the Flights)?



One of the Online claims companies clarifies this.....

Unlike the very similar European regulation, EC 261, Turkish air passenger rights do not explicitly give passengers the right to compensation for flight delays.

But Turkish laws do say that passengers who face flight delays must receive care during the delay, and have the option to abandon their trip and receive a full refund if they’re delayed longer than 5 hours.

Bmwbmwbmw2023

Its not good when you expect to fly with TUI but fly with a different airline that you did’nt have any control over

eskbanker

Bmwbmwbmw2023 said:

Its not good when you expect to fly with TUI but fly with a different airline that you did’nt have any control over

Did Tui state in your original booking that flights would be provided by their UK airline? If so, there may be an argument that their unilateral change of airline was to your financial detriment - this doesn't mean that you'd actually be legally entitled to compensation but they may consider a goodwill gesture....

bagand96

Bmwbmwbmw2023 said:

Its not good when you expect to fly with TUI but fly with a different airline that you did’nt have any control over

They tell you the airline at the time of booking.  And if your flight details change after booking they should notify you.

bigbluemoon

Did you ever manage to obtain compensation?