Tui, bumped off flight + 14 hour delay

SCorbett1

I would be very grateful for your guidance on understanding if any compensation is due and if so, how to claim it, after a recent 14 hour delay my family and I experienced with a flight to Kos with TUI. 

Arrived at Gatwick at 04.00 to drop off luggage for flight at 06.00. On checking in our cases, we were issued with further boarding passes.  However, on leaving check-in we noticed on our new boarding passes that the flight number and departure time had changed to 17.25.  

Nothing had been said or advised to us prior to this point; even the check-in assistant had not mentioned the change - just handed over our boarding passes.

Spoke to a TUI Rep. She informed us the original plane was broken and due to the replacement plane being smaller, some passengers were being moved to an evening flight.  

After a while she issued each of us with a £10 food voucher. She also confirmed we needed to return to the airport by 15.30 to go through security for the revised flight. She also said if we waited for a further few hours she may be able to provide a comfort room at a nearby hotel, though she could not guarantee this. We thus took a taxi home and back again to the airport for 15.30. The flight then didnt leave until 20.00!

Due to this revised flight time, we missed out on our evening meal at our fully inclusive resort and paid extra for taxis and meals.

We have no luck with making a claim with Tui, they continue to reject our compensation claim.

Thanks you in advance for any help!

la531983

On what basis are they rejecting it? More detail needed. What are you actually asking for from them? 

SCorbett1

The rejections have been made on the basis that both flights were not delayed long enough for compensation to be granted. They are not taking into consideration that we were bumped off the first flight.

We would like compensation for the additional taxi fares, meals bought during the 14 hour wait and meals lost at our all inclusive. Anything for the inconvenience and huge communication lapse would be a bonus!

saajan_12

SCorbett1 said:

The rejections have been made on the basis that both flights were not delayed long enough for compensation to be granted. They are not taking into consideration that we were bumped off the first flight.  

They are wrong there. Push the fact that the the expected arrival time was x (based on original flight) and actual arrival time was x+14, so compensation is due for a flight originating in UK under UK261. 

SCorbett1 said:

The rejections have been made on the basis that both flights were not delayed long enough for compensation to be granted. They are not taking into consideration that we were bumped off the first flight.

We would like compensation for the additional taxi fares, meals bought during the 14 hour wait and meals lost at our all inclusive. Anything for the inconvenience and huge communication lapse would be a bonus!

You're not necessarily due the reimbursements on top of the compensation. You might be able to argue the taxi as you arranging something instead of the day hotel, but even that's debatable if you chose to not wait for it. Check the meal allowances compared to what they provided, and claim for anything you have receipts for if they didn't provide sufficient vouchers. 
The dinner / anything after you landed isn't reimbursible, the idea is that's covered by the compensation. 

eskbanker

saajan_12 said:

SCorbett1 said:

The rejections have been made on the basis that both flights were not delayed long enough for compensation to be granted. They are not taking into consideration that we were bumped off the first flight.  

They are wrong there. Push the fact that the the expected arrival time was x (based on original flight) and actual arrival time was x+14, so compensation is due for a flight originating in UK under UK261. 

I'd argue that the ultimate arrival time shouldn't be relevant to a compensation claim for the first flight - it's a clear denial of boarding and therefore compensation is a right under article 4 of the regulations:

https://www.legislation.gov.uk/eur/2004/261/article/4

If the rebooked flight arrived over three hours late then that would justify a second compensation claim, unless due to extraordinary circumstances.

bagand96

SCorbett1 said:

The rejections have been made on the basis that both flights were not delayed long enough for compensation to be granted. They are not taking into consideration that we were bumped off the first flight.

We would like compensation for the additional taxi fares, meals bought during the 14 hour wait and meals lost at our all inclusive. Anything for the inconvenience and huge communication lapse would be a bonus!

It looks like someone has not really fully understood your claim.  As the other posters have said it's a valid denied boarding claim from your first flight.