Can you claim compensation for lost holiday days - Tui package holiday

JD1966

We booked a two week package holiday with Tui to Antalya departing on July 7th 2023. The outbound flight was turned round over Germany due to a malfunction and we returned to Gatwick. After waiting in a departure lounge for many hours for a supposed new flight, we were eventually told the flight was cancelled until the following day. We were put up in a hotel Gatwick over night. We were due to arrive at our hotel around 3pm on Friday, but didn't get there until 10pm on the Saturday, where all the restaurants were closed. Are we entitled to compensation for the lost day and a half we missed out on at the hotel. We have been paid for the flight delay, but they are refusing to entertain the lost holiday days. I have been given two reasons from Tui so far. 1-It would be unfair on other customers if we got compensation (whatever that means). 2-It is covered in the flight delay payout. Cant see how that is correct. Does anyone know if I have any right to compensation ?

eskbanker

My understanding is that in the event of significant flight delay, you're entitled to compensation from the airline (if not extraordinary circumstances beyond its control), and you're also entitled to a price reduction from the package provider if they're not providing the service you paid for, under article 16 of the Package Travel Regulations:

(2) The organiser must offer the traveller an appropriate price reduction for any period during which there is a lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

However, the lower of these figures is to be offset against the higher one:

(9) Where a traveller is granted compensation or a price reduction under—

(a) these Regulations, and

(b) the Union passenger rights legislation or the international conventions,

the organiser must deduct the compensation or price reductions referred to in sub-paragraph (b) from the compensation or price reduction referred to in sub-paragraph (a) to avoid overcompensation.

Westin

You can certainly write and ask TUI if given the circumstances you might receive a part refund on the one unused night at the start of your holiday (although it sounds like you may already have done so and they said No). 

You would likely find that the proportionate one night hotel rate at a Turkish hotel was fairly small vs. holiday price paid. You might be only looking at a token £25-£50 amount. If pushed TUI ‘might’ award this sort of figure as a ex-grata amount awarded as a credit off a future. holiday. You just have to decide if you feel this is worth another round of correspondence with TUI.

The flight compensation already received will hopefully of given you a good chunk of cash back.

TELLIT01

If it was an All Inclusive package I don't think it unreasonable to expect the value of the missed food and drink to be refunded.  Just don't expect that to be a large amount.

JD1966

Thanks all. Tui are refusing to offer anything, so we are going to open a case with ABTA. Will keep you informed in case anyone else has the same problem

TELLIT01

TUI aren't exactly famous for paying out quickly or easily even where the situation is clear cut.  Friends of mine travelled with 2 other couples, all booked as separate couples on separate bookings.  There were long flight delays and each couple was offered a different amount of compensation despite their situations and claims being identical.

butterfly25

JD1966 said:

Thanks all. Tui are refusing to offer anything, so we are going to open a case with ABTA. Will keep you informed in case anyone else has the same problem

Hi, just wondering if you have an update on your case? I've had a very similar experience with my Tui package holiday in September, due to arrive at hotel around 2pm and got there 9pm the next day! Tui has refused to refund pro rota stating the same excuses they gave you and I've also started a case with ABTA.