Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • JPears
    JPears Posts: 5,086 Forumite
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    Hi patgra, its a very active forum.
    Perhaps post details fo your flight - dates times, airline flight numbers etc and we can do a few checks for you. What was the detail of the delay?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • patgra
    patgra Posts: 7 Forumite
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    Flight should have left Marrakech on Friday 28th September, but we actually left about 8.40 a.m. on Saturday 29th September. TOM517 to Gatwick. Notified at 6.30 a.m. on the 28th when we were all packed and ready for collection that there was a re-fuelling problem, our aircraft was still in Aruba. Turns out that there was a re-fuelling problem there, so plane went on to Dominican Republic to fill up, then a passenger was ill (no idea whether it was someone who had been on the plane from Aruba, or whether it was someone who got on in Dominican), then passenger got off but of course their bags had to be found and off loaded, then it flew to Gatwick, picked up passengers there, then made its way to Marrakech to pick us up. I don't know why there was not a 'spare' plane at Gatwick to pick up the poor people stranded there and to collect us on the return journey.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Hi patgra,

    Your case is more straightforward than Kasha89's because it was much later and the airline, who saw this coming, had more time to make alternative arrangements.

    All the excuses they have used are irrelevant to your claim and are not a valid excuse to refuse a valid claim.

    Thomson use CEDR as an ADR adjudicator, so ask them to refer your case to them if that is their final position.

    https://www.cedr.com/consumer/aviation/

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,086 Forumite
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    Hi Patgra.
    From your details, it looks as though TUI have dismissed your claim out of hand.
    Passenger illness on a flight 2 legs before yours is almost certainly not an EC.
    As you point out Tui should have made alternative arrangments to minimise your delay (one of the raison d'etres of the regulation!).
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • patgra
    patgra Posts: 7 Forumite
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    Most kind. This is certainly a very useful forum with kind knowledgeable people on it. I will try the firm you suggest - this is not a firm of solicitors is it who will want a percentage?
  • patgra
    patgra Posts: 7 Forumite
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    I have looked at their website, and it states they will not take up the claim unless my final letter has directly referred me to them, or it has been 8 weeks since the final letter. My 'turn down' letter made no reference to CEDR, so should I leave things as they are for another few weeks? Never had to do this before so am a bit confused by it all.
  • JPears
    JPears Posts: 5,086 Forumite
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    You could contact tui explaining you do not accept their refusal for compensation for the reasons we have stated.
    Mark your letter as an NBA/LBA, give them 14 days. This will either force their hand or theyll send you a final position/deadlock letter enabling you to go to CEDR. Which is very very sloooow. :(
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Slish1968
    Slish1968 Posts: 1 Newbie
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    Help needed mother in law went to Greece earlier this year on flight home plane lost pressure do masks came down and plane had to land Thomas Cook put everyone up in hotels but she arrived home 24 hours after she should have can she claim under European law
  • patgra
    patgra Posts: 7 Forumite
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    I think I was on the same flight as KingEglon on page 454 from the sound of it. I wonder how he/she is getting on. You are very kind and helpful. Should I e mail or write to TUI? I have a letter which was handed to us all on arrival at Gatwick saying about the 22 hour flight delay if we wanted to claim off our insurance, which I do not want to do.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    patgra wrote: »
    I have looked at their website, and it states they will not take up the claim unless my final letter has directly referred me to them, or it has been 8 weeks since the final letter. My 'turn down' letter made no reference to CEDR, so should I leave things as they are for another few weeks? Never had to do this before so am a bit confused by it all.

    I did suggest that you ask the airline to refer your case to CEDR for that very reason:)
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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