Flight delay and cancellation compensation, Tui/Thomson ONLY

yvonne_le wrote: »

however after they checked in the boarding passes would not scan

yvonne_le wrote: »

H coming home they checked in at the Flybe desk but 5 mins after the gate had closed

Flybe checkin closes 60 minutes before departure time so this sounds very odd...do you have the flight number and date?

If they booked the whole thing as a package, the package tour regulations apply quite apart from any claim against the airline. From what you say, Tui seem to be at fault as once you set off on a package holiday, you are in their hands.

The time they had on the paperwork from TUI was landing in Manchester at 22.30 and thy sent the coach to pick them up from the hotel at the correct time on paperwork. Flybe had 2 flights landing from Paris and they were originally 1 hour and 30 mins apart but both took off and landed at the same time.

They have been to the TUi shop were they booked but they were not interested however they have kept all the paperwork boarding passes etc so will be raising a complaint with the head office.

ONG wrote: »

Hi All

Went through resolver to register for an over 24 hour flight delay on a Tui flight out of Tenerife. Claim has been rejected on the following grounds;

20. In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair. "

Thoughts on how to proceed would be welcome !

Hi ONG,

20 Unexpected flight safety shortcomings
In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair.

What the airline seem to be alluding to is a bird strike to the, or a, previous flight. This makes your delay a 'knock on' of a previous problem. Further details are required to be sure of the cause.

If it was a bird strike to your flight, it would be classed as an extraordinary circumstance (EC) which would exempt the airline from having to pay compensation.

However, as the 'problem' was to a previous flight and also because the airline failed to 'take all reasonable measures' to ensure a speedy recovery from the original problem I believe compensation is due. 24 hours is not a speedy resolution imo.

This is what the regs say about reasonable measures...

e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances
Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis.

Good luck.

Give these people a try, I did when Thomsons rejected my claim.

https://www.bottonline.co.uk/flight-delay-compensation/calculator?utm_source=google&utm_medium=cpc&utm_campaign=googlecpc&gclid=Cj0KCQjwqsHWBRDsARIsALPWMEN4A7AqUJbqlvb5ba5YyEIMgrgqH2OkaVceXVPdyHjYEcwFhNLzWpgaAq5jEALw_wcB