TYUI Flights BY4122 (22nd July) + BY4123 (5th Aug)

Spurspete68

We had issue with both legs, initial outgoing flight was delayed an hour or so due to airplane change. This was the beginning, when we arrived at Rome we had over 2 hours waiting for luggage and were informed the delay was to do with the replacement airplane not being registered properly. TUI are rejecting compensation claim. The return flight was even worse, delay boarding and then sat on plane for over 2 hours resulting in the plane landing at Gatwick at 18:09 (was due at 14:15 - almost 4 hours - again TUI not accepting claim

Caz3121

the delay is counted as scheduled time of arrival until doors opening for disembarking. The time waiting on baggage would not count so no claim on outbound.
The return flight would depend on the reason for the delay. Sitting on the plane for some time could indicate Air Traffic delays (lots of them this summer) so not within the airline's control so would be no claim.....what reason were you given for the claim being denied?

eskbanker

Compensation kicks in if there's a three hour delay to the arrival time (as measured by the first door opening), if the delay wasn't caused by extraordinary circumstances beyond the airline's control, so the outbound flight wouldn't qualify if the gate arrival was within three hours of schedule.

Have Tui given an explanation for the inbound delay in their response, and do you have reason to believe that it was something within their control?

Mark_d

The first flight was delayed by less than 3 hours - so no compensation due under UK261.  How much compensation are you wanting, and what for?

The second delay was long but possibly due to something outside the airline's control - weather, air traffic control issues.  Surely TUI gave an explanation when rejecting your claim?

Spurspete68

The delay was waiting for luggage to be loaded - initially not told this and were only given a cup of water whilst waiting in 30+ degree heat. Other flights were taking off on time - so no issues with industrial action - just seems TUI had issue with loading and unloading on both flights 

eskbanker

Spurspete68 said:

The delay was waiting for luggage to be loaded - initially not told this and were only given a cup of water whilst waiting in 30+ degree heat. Other flights were taking off on time - so no issues with industrial action - just seems TUI had issue with loading and unloading on both flights 

Baggage loading is likely to be considered to be within the airline's control, did Tui assert otherwise when rejecting your claim (for the delay to the return flight)?

Spurspete68

eskbanker said:

Spurspete68 said:

The delay was waiting for luggage to be loaded - initially not told this and were only given a cup of water whilst waiting in 30+ degree heat. Other flights were taking off on time - so no issues with industrial action - just seems TUI had issue with loading and unloading on both flights 

Baggage loading is likely to be considered to be within the airline's control, did Tui assert otherwise when rejecting your claim (for the delay to the return flight)?

No other reason given on emails - it just said was not liable for compensation - the flight was chartered by Cunard for a cruise, but my understanding is it is still a TUI flight

eskbanker

Spurspete68 said:

eskbanker said:

Spurspete68 said:

The delay was waiting for luggage to be loaded - initially not told this and were only given a cup of water whilst waiting in 30+ degree heat. Other flights were taking off on time - so no issues with industrial action - just seems TUI had issue with loading and unloading on both flights 

Baggage loading is likely to be considered to be within the airline's control, did Tui assert otherwise when rejecting your claim (for the delay to the return flight)?

No other reason given on emails - it just said was not liable for compensation - the flight was chartered by Cunard for a cruise, but my understanding is it is still a TUI flight

Yes, UK261 obligations rest with the operating carrier, so if the flight was operated by Tui, as implied by the flight number, then it's their responsibility to deal with the claim.  If they haven't indicated why they're rejecting your claim then I'd suggest going back to them and asking for an explanation of why they believe compensation isn't payable (just for the inbound flight).