Airline not responding

Andy1159

Hi, TUI holiday flying direct from Inverness to Palma in July. TUI  used partner airline AlbaStar and return flight from Palma to Inverness had to be diverted to Glasgow because of technical problem. We were bused from Glasgow to Inverness arriving over 6 hours late. TUI automatically emailed all passengers with apology and future holiday voucher £50pp. Claimed for delay against AlbaStar and received acknowledgements (x 3) d/d 27/07/23 and since then nothing. I have emailed them and also used Resolver plus Resolver chaser x 2 but still nothing. Contacted TUI who have confirmed claim has to be with AlbaStar and not them. There is no phone number for AlbaStar available so I am at a loss as to what I do now? Can anyone suggest help please. 

eskbanker

As a Spanish airline flying to the UK, you could escalate either to the CAA or its Spanish equivalent, but AlbaStar's Ts & Cs suggest that ADR should be an option, albeit in a rather vague and woolly way:

Where the proposal for an amicable settlement agreement is not accepted by the Passenger, and in any other case of further potential conflict, the Carrier shall anyway prefer applying Alternative Dispute Resolution (ADR) procedures, i.e., dispute resolution methods other than the usual reference to the ordinary courts, as they are carried out in a shorter time frame and at reduced cost for all Parties concerned. The aforementioned procedures shall be carried out with bodies set up under the ADR Directive and the Carrier shall take part thereto, when founded, not excessive and actually started. The Parties hereby agree that this shall be the condition precedent for any next legal action related to the contract of carriage.

If the Ticket has been purchased online, disputes may also be settled through an online dispute resolution platform (ODR), pursuant to Art. 14 of Reg. no. 524/2013 (ODR Regulation), which can be accessed through the following link: http://ec.europa.eu/consumers/odr

https://albastar.es/en/general-conditions-of-carriage/