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Denied boarding compensation??

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hpg57
hpg57 Posts: 19 Forumite
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edited 9 September 2023 at 9:35PM in Flight delay compensation
I recently fell foul of the air traffic control glitch. My TUI flight from Kos to Gatwick was cancelled - I was re-booked on a JET 2 flight 3days later, landing at East Midlands Airport - a 3 hr taxi ride away from my car at Gatwick!
TUI did put me up in alternative accommadation which was half board so some meals were paid for. They paid for the taxi transfer from EMA to Gatwick where I picked my car up 74 hours late!
At first TUI said I was entitled to denied boarding compensation and would be paid by BACS transfer to my bank accpunt. Then 1 day later they said my claim could not be processed? What am I and my two children who were on the trip allowed to claim for. My travel insurance doesn't cover this it was mainly for medical and luggage. Various websites say we are entitled to £350 each under the CAA Denied Boarding regs. I cannot get a response nor an explanation from TUI other than automated replies...
All suggestions welcome. Thanks
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  • Caz3121
    Caz3121 Posts: 15,592 Forumite
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    denied boarding is when the flight you are booked on departs but you were not allowed to board it...so not relevant for cancelled flights
    the air traffic control was not in the airline's control so airline compensation does not apply
    Some travel insurance may have given some cover but it sounds like yours doesn't.
    As far as duty of care you should be able to submit receipts for meals not provided during the delay for reimbursement.
  • Ayr_Rage
    Ayr_Rage Posts: 1,278 Forumite
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    Looks like TUI have done a pretty good job when the circumstances were completely out with their control.

    What are your unreimbursed expenses ?

    I don't think you are due anything more than that from TUI. 
  • hpg57
    hpg57 Posts: 19 Forumite
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    "We would like to apologise that you were offloaded from flight TOM4273 Kos to London Gatwick due to this you are eligible for Denied Boarding Compensation under the CAA Regulations" copied from TUI email informing me iof the change...

    They gave told me twice I am due Denied Boarding, then claim ut cannot be processed without any explanation.

    Technically I have been "offloaded" if that makes a difference...

    I am unreimbursed for taxis, meals some clothes and personal stuff for my daughter. Then there is the question of me having to take an extra 3 days leave off work...
  • MattMattMattUK
    MattMattMattUK Posts: 9,051 Forumite
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    edited 9 September 2023 at 2:05PM
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    hpg57 said:
    "We would like to apologise that you were offloaded from flight TOM4273 Kos to London Gatwick due to this you are eligible for Denied Boarding Compensation under the CAA Regulations" copied from TUI email informing me iof the change...

    They gave told me twice I am due Denied Boarding, then claim ut cannot be processed without any explanation.

    Technically I have been "offloaded" if that makes a difference...
    Regardless of the initial communication, likely done in a rush due to the issues with ATC, you are not entitled to compensation.
    hpg57 said:
    I am unreimbursed for taxis, meals some clothes and personal stuff for my daughter.
    You will be reimbursed after you have submitted a claim which has been processed, provided what you try to claim for is reasonable and within the rules.
    hpg57 said:
    Then there is the question of me having to take an extra 3 days leave off work...
    If you lost pay because of that and you have a very comprehensive travel insurance policy then you may be able to claim via your insurance, otherwise nothing.
  • hpg57
    hpg57 Posts: 19 Forumite
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    I was told on August 29th initially 

    "At this point, we’d like to remind you of your rights in accordance with EU Regulation (EC) 261/2004 – you’re entitled to Denied Boarding Compensation per person. We’ll send you an email to organise this compensation. Please allow 28 days for the payment to arrive."

    Then on September  6th

    "We would like to apologise that you were offloaded from flight TOM4273 Kos to London Gatwick due to this you are eligible for Denied Boarding Compensation under the CAA Regulations.

    As per the Denied Boarding compensation you are eligible for £350.00 (Three Hundred and Fifty Pounds) per person in compensation.This will be refunded in the form of a BACS payment."

    Then on September  7th

    "Unfortunately, we are unable to process your claim currently, this is in reference to flight TOM4273 on 30/08/2023 between KGS and LGW."

    Clearly this was not sent in the initial panic as has been suggested. But I cannot get a reply as to why their policy changed 10 days after telling me I am entitled under EC 261/2004 to compensation.
    Has anyone real knowledge of this issue??
  • la531983
    la531983 Posts: 2,106 Forumite
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    edited 9 September 2023 at 2:25PM
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    Because the initial message and the 2nd message were the wrong wording. No policy change, just a simple human error. 

    You can't hang your hat on these messages I am afraid, it has been explained to you "offloading" relates to a flight that set off without you on it, maybe due to a plane swap to a smaller plane that didn't have enough seats on it, or overbooking.

    No compensation is due unless you can prove the flight set off without you on it. 


  • MattMattMattUK
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    hpg57 said:
    I was told on August 29th initially 

    "At this point, we’d like to remind you of your rights in accordance with EU Regulation (EC) 261/2004 – you’re entitled to Denied Boarding Compensation per person. We’ll send you an email to organise this compensation. Please allow 28 days for the payment to arrive."

    Then on September  6th

    "We would like to apologise that you were offloaded from flight TOM4273 Kos to London Gatwick due to this you are eligible for Denied Boarding Compensation under the CAA Regulations.

    As per the Denied Boarding compensation you are eligible for £350.00 (Three Hundred and Fifty Pounds) per person in compensation.This will be refunded in the form of a BACS payment."

    Then on September  7th

    "Unfortunately, we are unable to process your claim currently, this is in reference to flight TOM4273 on 30/08/2023 between KGS and LGW."

    Clearly this was not sent in the initial panic as has been suggested. But I cannot get a reply as to why their policy changed 10 days after telling me I am entitled under EC 261/2004 to compensation.
    Has anyone real knowledge of this issue??
    Regardless of their initial communication, the flights were impacted due to the ATC issue, which is a cause outside of the control of the airline, meaning that you are not entitled to compensation. 
  • hpg57
    hpg57 Posts: 19 Forumite
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    I am sorry but I was offloaded and the flight took off without me and my kids on it. We tracked the incoming flight that would be our turn around departure it was 1.5 hrs late. Same sized plane that we flew out on. It happened to another guest at the hotel we were re-assigned to.
    TripAdvisor sums it up as..

    How much is compensation for denied boarding UK? 
    Claim Compensation for Denied Boarding in the UK

    Under this law you are entitled to following compensation for denied boarding: £220 for short flights (under 1,500 km) £350 for medium flights (between 1,500 and 3,500 km)
    29 Aug 2023
    The initial air traffic control glitch happened on August 28th our retyrn flight was August 30th. I have phoned TUI but there is no number for their After Travel Team (red flag) so you have to talk to pre-departure teams. But they tell me I should qualify under CAA rules - I just can't get it confirmed from the team who pay it...

    Hence my original enquiry. 




  • la531983
    la531983 Posts: 2,106 Forumite
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    edited 9 September 2023 at 3:01PM
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    OK you should have mentioned this from the start about the fact the rest of your party flew and you didn't, as that now confirms you were actually denied boarding.
    Why did you tell us in the 2nd line of the opening post that the flight was cancelled? The story now seems to have changed. 

    Unfortunately they are still likely to use the ATC issue as a get out as planes were out of position all over Europe as a result. This is why the messaging you have received has changed as the days went on.

    Claiming they were still having issues 2 days on is perhaps a stretch on their part, though. The arbitrators may hold a different view to TUI.

    As an aside, splitting a party up with kids like this seems very off. 
  • hpg57
    hpg57 Posts: 19 Forumite
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    I didn't say the rest of my party travelled without me. 
    I said me and my kids were denied boarding. And the flight left without me and my kids on it - I think you have misread that..
    I said  another guest at the hotel we were re-assigned to was in the same position as us.
    I.E. put on another flight with another carrier 3 days later. Flying to a different airport from their original departure airport. 
    None of this was done with our consent i.e involuntary denied boarding....
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