Compensation for lost day of holiday due to NATS disruption

youbet1on1

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

la531983

You can attempt to sue NATS if you like, but the airline isnt liable for any "compo". You have had all your out of pocket expenses covered by the sounds, so that is the end of the matter.

Grumpy_chap

youbet1on1 said:

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

You may be worth checking whether your travel insurance includes this type of event.  It may not.
If you are covered, what would you be claiming for?  The value of the lost night of hotel accommodation or something else?

eskbanker

youbet1on1 said:

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

Under the Package Travel Regulations, if the package organiser has to make any significant change to the terms of the holiday (such as one night less) then they're obliged to offer a corresponding price reduction, whether or not the root cause was within their control:

https://www.legislation.gov.uk/uksi/2018/634/regulation/11/made

DullGreyGuy

eskbanker said:

youbet1on1 said:

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

Under the Package Travel Regulations, if the package organiser has to make any significant change to the terms of the holiday (such as one night less) then they're obliged to offer a corresponding price reduction, whether or not the root cause was within their control:

https://www.legislation.gov.uk/uksi/2018/634/regulation/11/made

But that doesn't say they have to give the OP 1 days salary back for the "wasted"day off.

eskbanker

DullGreyGuy said:

eskbanker said:

youbet1on1 said:

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

Under the Package Travel Regulations, if the package organiser has to make any significant change to the terms of the holiday (such as one night less) then they're obliged to offer a corresponding price reduction, whether or not the root cause was within their control:

https://www.legislation.gov.uk/uksi/2018/634/regulation/11/made

But that doesn't say they have to give the OP 1 days salary back for the "wasted"day off.

I don't believe anyone mentioned anything about a day's salary?

My point was simply that if someone's booked a 14 night holiday and that's downgraded to a 13 night one, then the package organiser is required to recognise that and adjust the price accordingly.

CKhalvashi

eskbanker said:

DullGreyGuy said:

eskbanker said:

youbet1on1 said:

Hi who do I claim against for loss of holiday time (24hours) due to air traffic control disruption. 

It was a TUI package holiday and we got on the next available flight which as more than 24 hours later. 

 Tui have compensated me for travel expensive to and from the airport  but they say this is something out of there control 
thanks

Under the Package Travel Regulations, if the package organiser has to make any significant change to the terms of the holiday (such as one night less) then they're obliged to offer a corresponding price reduction, whether or not the root cause was within their control:

https://www.legislation.gov.uk/uksi/2018/634/regulation/11/made

But that doesn't say they have to give the OP 1 days salary back for the "wasted"day off.

I don't believe anyone mentioned anything about a day's salary?

My point was simply that if someone's booked a 14 night holiday and that's downgraded to a 13 night one, then the package organiser is required to recognise that and adjust the price accordingly.

This is my understanding of the legislation also.

There is no direct relationship with the airline in this case and in any event the delay is outside of their control,

As this is a package, typically within Europe I would expect the flight element to be appropriately £100 with any remaining amount divided by 14 (for a 2 week holiday) as the repayment for loss of enjoyment.

There is little to no hope of compensation from elsewhere legally in this case.

Westin

I can’t see TUI paying back one night accommodation.  The hotel will have kept the accommodation available and ready for the passenger’s late arrival. It is neither TUI or the hoteliers fault that NATS had ATC staffing issues.

Some travel insurance policies will offer a delayed cover but from what I have seen the payment is very low, typically £20 pp for 12+ hours.

eskbanker

Westin said:

It is neither TUI or the hoteliers fault that NATS had ATC staffing issues.

Nobody said that it was their fault, but that's not the relevant test under the regulations, which expressly envisage changes arising from "circumstances beyond the control of the organiser", and the consequent liabilities on the package organiser.

CKhalvashi

Westin said:

I can’t see TUI paying back one night accommodation.  The hotel will have kept the accommodation available and ready for the passenger’s late arrival. It is neither TUI or the hoteliers fault that NATS had ATC staffing issues.

Some travel insurance policies will offer a delayed cover but from what I have seen the payment is very low, typically £20 pp for 12+ hours.

Sorry Westin, I agree with Esk on the basis of the PTD for the reasons they have stated.

Westin

I would see and interpret the refund on unused services to apply to say a curtailment of a holiday. An example perhaps of a hurricane due in a resort and the hotel/tour operator moving guests and perhaps an early flight home, or a cruise line ending a cruise early due to a technical fault.

Just my opinion of course but I don’t see the regulation applies in the case of a delayed arrival and one known at short notice. Parties not to blame. I also suspect if TUI told and cancelled the first night of a guest’s stay, many would be even more unhappy if they turned up after a delayed flight only to find their room not available immediately.

I suspect TUI would argue and stand their ground on this.  I guess however nothing to stop the OP trying to make a claim.