delay to to exceptional circumstances- which were not exceptional

cassie321

Tui have denied compensation for a 20 hour delay on a flight, citing the delay is due to exceptional circumstances due to air traffic control.  
I do not see it as exceptional circumstances, tui as well as many other airlines are aware that that there is a total ban for frights from 10pm to 5am for all flights leaving/arriving  zth (zante) airport.  Tui did not send out the flight from east midlands on time to collect passengers from zth for the return flight to east midlands. The flgiht was due to depart from zth at 10pm.  Surly it is the responsibility of tui to ensure they get a plane to zante airport on time before the flight curfew which has been enforce long term.   What are people views? 

MattMattMattUK

cassie321 said:

Tui have denied compensation for a 20 hour delay on a flight, citing the delay is due to exceptional circumstances due to air traffic control.  
I do not see it as exceptional circumstances, tui as well as many other airlines are aware that that there is a total ban for frights from 10pm to 5am for all flights leaving/arriving  zth (zante) airport.  Tui did not send out the flight from east midlands on time to collect passengers from zth for the return flight to east midlands. The flgiht was due to depart from zth at 10pm.  Surly it is the responsibility of tui to ensure they get a plane to zante airport on time before the flight curfew which has been enforce long term.   What are people views? 

The exceptional circumstances will likely be the original delay, which then caused the ATC issue. Why was the original flight out delayed? 

cassie321

Tui have not provided that information. I have asked for it.  I put that in a letter of complaint. 

bagand96

It may be the case that the outbound flight from EMA was there and ready to go but had an ATC slot restriction, meaning it would get to ZTH too late to turnaround and operate your flight back before the ZTH curfew. 

Hoenir

cassie321 said:

Tui have not provided that information. I have asked for it.  

Without the facts anything else is pure supposition and speculation.