Tui compensation rejected

jimmytee82

Flying EDI to PMI a couple of weeks ago. Flight was 3hrs 2 mins late. Tui have rejected the compensation saying that it was due to the late arriving aircraft (around 45 mins) and then planned maintenance on the aircraft. 

Find this strange as they started boarding the plane and then everyone had to go back into the departure lounge where they announced the further delay. On boarding, the captain announced that there was a technical issue with the plane that had been rectified.  So if it was ‘planned maintenance’ why would they start boarding?

eskbanker

Planned maintenance isn't a reason to deny compensation, as it's within the airline's control, but what was the reason for the inbound delay?  If some or all of that was beyond the airline's control, e.g. air traffic control restrictions, then that would take the net delay (that determines any compensation liability) below the three hours....

jimmytee82

Unsure, my query is why would they start boarding (including disabled passengers) only to take them off again if they knew about the planned maintenance and the pilot stating ‘technical issue’

eskbanker

jimmytee82 said:

Unsure, my query is why would they start boarding (including disabled passengers) only to take them off again if they knew about the planned maintenance and the pilot stating ‘technical issue’

Only natural to be curious, but that doesn't really have any bearing on whether or not compensation is due, which would be my main focus in your shoes.

saajan_12

jimmytee82 said:

Unsure, my query is why would they start boarding (including disabled passengers) only to take them off again if they knew about the planned maintenance and the pilot stating ‘technical issue’

You want it to be planned maintenance though, if it was unexpected maintenance then they might argue it was out of their control and no compo due. So I wouldn't question things there, just a fortuitous oddity.  

eskbanker

saajan_12 said:

jimmytee82 said:

Unsure, my query is why would they start boarding (including disabled passengers) only to take them off again if they knew about the planned maintenance and the pilot stating ‘technical issue’

You want it to be planned maintenance though, if it was unexpected maintenance then they might argue it was out of their control and no compo due. So I wouldn't question things there, just a fortuitous oddity.  

Case law clarifies that unexpected maintenance won't generally be considered as extraordinary circumstances unless necessitated by something like bird or lightning strikes.