Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • JPears
    JPears Posts: 5,086 Forumite
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    I guess this is where the second hurdle of the regulation (as was hinted at in the last couple of paragraphs of said article) comes into effect.
    Presumably the claimants in this particular case got their compensation due to the airline not having done everything reasonable to minimise the delay?
    I am inclined to think the the bird strike ruling only relates to the immediate flight or does it incorporate knock on effects?
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  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
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    JPears wrote: »
    .........
    I am inclined to think the the bird strike ruling only relates to the immediate flight or does it incorporate knock on effects?

    The article does use plural (cancellations and delays) but I don't think the plural is used to indicate subsequent knock on delays.

    The Blanche case, I hope will at least try to help knock ons become clearer. However, I'm concerned that the water will still be murky..

    For example, if it is established that bad weather thunderstorms in the above case, then cause ATC restrictions on the outward leg (previous flight) can be regarded as a genuine EC, how far does that knock on affect further flights, just the previous flight or the rest of the days ? The specifics of the Blanche case just refer to the previous flight. So in my mind, if we get a ruling that goes against Blanche, what does that mean for the flight after Blanche and the one after that etc,etc. It would be easier to understand if Easyjet lose and 'the flight concerned' gathers favour once again. At least a line in the sand is drawn, to do any other just causes more and more confusion when it comes to knock on delays, however caused.

    Also are all genuine EC's to be given the same prominence, so ATC restrictions earlier in the day be regarded the same as a bird strike at the same time? I would argue that they should be given equal importance and that the crucial point is whether or not the delay is classed as a known EC.

    Hey, the never ending debate over EC261/2004 I cant see it ending any time soon.
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  • JPears
    JPears Posts: 5,086 Forumite
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    Cranneyd wrote: »
    I was turned down for flight delay compensation by TUI as they claim bird strike is deemed to be extraordinary circumstances based on recently published EU Commission guidelines.

    Anybody any thoughts on this.

    TIA
    However, despite what we have previously written, can we be sure that it was a birdstrike? I believe this will have to be recorded with the CAA or similar body?
    If Tui have been, ahem, "slack" with providing you accurate information, you may still have a claim.
    Remember, there are only a limited number of ECs that airlines can use. You can bet these ECs are given as a reason more often than actually is the case...
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  • philng
    philng Posts: 801 Forumite
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    philng wrote: »
    Well looks like I am in the same boat that DUKE was on. Deadline for payment instructed by CEDR 13th July 2018 now well passed. Contacted CEDR twice last week who advise airline is being chased up but still no contact or payment from TUI.

    So TUI have now had 38 days & counting from the original CEDR decision-If this was banking there would be a significant fine imposed on companies failing to adhere to complaints timescales.

    Well after a number of prompts to CEDR I have now received confirmation that TUI are paying the compensation due within 10 days.
    Process so far has taken from 12/3 to 26/7 but the persistence has paid off finally.
  • JPears
    JPears Posts: 5,086 Forumite
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    edited 26 July 2018 at 11:37AM
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    I trust you are sending a letter of complaint to the CAA for the excessive delay and misinformation/obstruction to your perfectly valid claim by Tui?


    Clearly Tui don't dot the i's cross the Ts and put you in the middle as far as 261/2004 is concerned....
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  • Shug61
    Shug61 Posts: 36 Forumite
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    philng wrote: »
    Well after a number of prompts to CEDR I have now received confirmation that TUI are paying the compensation due within 10 days.
    Process so far has taken from 12/3 to 26/7 but the persistence has paid off finally.

    Just checked my account and the money has landed from Tui. Took 10 days after they had my bank details.

    Started process direct with Tui middle of March.. Contacted CEDR 21 April, payment landed (£1052) 23 July.

    Not that painful, just had to persevere and play the game. Does seem Tui just drag their heels at every opportunity from initial contact, through rejecting, raising different reasons for delay etc. But in my case CEDR did a good job.

    Guess many people give up at one of the various stages but just keep it civil, respond to every request with facts and hopefully it goes well in the end.

    Happy
  • JPears
    JPears Posts: 5,086 Forumite
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    So 3 people in as many days who weren't fobbed off by an imorral airline flouting the law. But how many hundreds were? The tens of thousands of £s saved by lying to the people that provide their income. Disgusting.
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  • philng
    philng Posts: 801 Forumite
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    JPears wrote: »
    I trust you are sending a letter of complaint to the CAA for the excessive delay and misinformation/obstruction to your perfectly valid claim by Tui?


    Clearly Tui don't dot the i's cross the Ts and put you in the middle as far as 261/2004 is concerned....

    There is absolutely no doubt that TUI 'try it on' and hope the majority don't follow through with their claim when it is clear they have little evidence to back them.

    Reluctant to complain to CAA until at least I have been credited with the cash.

    I guess people are made to feel relieved when they finally receive their claim cash so don't then take it any further.

    Must say I was very impressed with CEDR who kept me informed throughout the process which was although lengthy due to TUI, pretty straight forward to follow.
  • Shug61
    Shug61 Posts: 36 Forumite
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    philng wrote: »
    Must say I was very impressed with CEDR who kept me informed throughout the process which was although lengthy due to TUI, pretty straight forward to follow.

    +1

    CEDR were professional and pretty swift to respond at each stage.

    As mentioned earlier does seem Tui hope to wear you down by delaying responses/ inventing new excuses etc. In the hope you just give up.
    I guess it works for them as only a small percentage follow the compliant through to conclusion.
    Wonder if there are any stats under freedom of information act that show how many people get fobbed off by Tui at an early stage?
    Must be millions they are saving...
  • JPears
    JPears Posts: 5,086 Forumite
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    That will be one of my questions to CAA.
    They must have some sort of reporting auditing system in place as they have effectively washed their hands of a legal responsibility.
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