Flight delay due to Cruise ship technical fault

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JacobusReesusMoggus
JacobusReesusMoggus Posts: 2 Newbie
in Flight delay compensation
Just wondering if anyone has managed a compensation claim for this scenario.On a TUI package with flight & cruise. At the airport was told there'll be a 15 hour delay in the flight due to a technical fault with the ship meant it hadn't arrived at the port yet. So not an airline technical fault. They have said we'll get access to a hotel plus food allowance so no probs on that front. :mad:
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    JacobusReesusMoggus wrote: »
    Just wondering if anyone has managed a compensation claim for this scenario.On a TUI package with flight & cruise. At the airport was told there'll be a 15 hour delay in the flight due to a technical fault with the ship meant it hadn't arrived at the port yet. So not an airline technical fault. They have said we'll get access to a hotel plus food allowance so no probs on that front. :mad:

    Hi JRM,

    A bit different to the usual problem.

    If you turned up at the airport, as requested, and they then refused to transport you as per your itinerary, that would be classed as Involuntary Denied Boarding (IDB) and you would automatically qualify for EU261 compensation.

    There is not really anything the airline can say in it's defence as it is not a valid excuse to refuse compensation, it's very clear cut.

    Put in a claim, specifying that it is for EU261 compensation.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    was this a scheduled flight or a charter for the cruise?
    If the latter it seems sensible to delay the flight rather than people left sitting on the dockside waiting for the ship arrival
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
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    I agree with Caz. Can't see that you have a claim against the airline as the alternative would be to fly you out and then try to find accommodation at the port. But if it's a package holiday (it sounds as if it is) the package holiday regulations will apply and if you are losing part of your cruise, you may have a claim for compensation under those regulations
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    edited 30 November 2018 at 11:22AM
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    Where does it say within EU261/2004 that package holidays are treated differently than normal flights. Package holiday regulations might well apply but how does that affect your rights under 261/2004.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    I believe that if the delay is caused by the airline the EU261 rules apply. As the op was at the airport, about to board their flight, I would say it was IDB rather than a change to the holiday by the tour operator.

    Maybe a flight calculator could clear it up.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • rlpowell
    rlpowell Posts: 14 Forumite
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    I was involved with the same problem. Cruise and flights booked as a package with same operator (TUI) using ship and flights operated by their associated companies (Marella Cruise, Thomson/TUI airways. Base delay was caused by equipment breakdown on the ship, resulting in about 12 hour delay in arriving at cruise destination. TUI rescheduled flights: the flight to Gatwick then suffered a further 2 hour delay to the advised times mainly due to chaos at departing airport, giving an overall UK arrival delay of about 16 hours (8pm rather than 4 am). On UK arrival TUI distributed letters confirming delay in flight departures (but not actual arrival times) advising those with out of pocket expenses to contact the customers own insurers, TUI appearing not to accept any financial responsibility.



    The flights were undoubtedly delayed. Some passengers had significant additional costs due to delays on UK onward travel, others little cost, just frustrations, but in principle the interesting question is whether EU rule 261/2004 applies to a flight intentionally delayed to the benefit of most passengers.
  • timjim
    timjim Posts: 85 Forumite
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    "but in principle the interesting question is whether EU rule 261/2004 applies to a flight intentionally delayed to the benefit of most passengers."

    I was also involved in this situation, but I don't understand the above comment.

    If the flight to the UK had not been delayed all of the passengers returning to the UK would have missed the flight as we didn't dock until 6 hours after the flight was due to leave.
  • NAH
    NAH Posts: 2 Newbie
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    I will be interested to see if there is anything further to happen here. I was on this flight coming back from Oman to Gatwick. Whilst we had no issues with accommodation as we effectively got a further night on the ship, the delay meant additional costs for hotels, meals and trains as we only arrived in Gatwick at 8.00pm - far too late for train journey home. We received a letter when leaving the flight saying the delay was at the request of Marella Cruises due to a technical issue with the ship. So not a technical issue with the aircraft as such, but a delay caused by the same company (TUI) nevertheless. I claimed through their website and they rejected the claim stating the delay was due to bad weather. An out and out lie, and to me almost an attempt at falsifying aviation records. I have no idea how they can get away with this. I have replied back outlining the above but TUI aftercare appears to be one of the most anti customer care organisations I have ever come across. I am sorely tempted to use a flight delay solicitors, as companies like this should be accountable and responsible. TUI appear to be neither.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    Regulations are quite clear if your flight is delayed more than 3 hours and it is not due to an extraordinary circumstance you are due compensation. The fact the airline delayed your flight because there was something wrong on the ship is of no relevance in my opinion.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    edited 23 December 2018 at 11:18PM
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    Hi NAH,

    My deciphering of the situation.

    Your delay to the outbound flight would be different to the involuntary denied boarding in the case of JRM who posted the original question about the inbound flight. Due to no advance warning about the delay to the outbound flight and presenting themselves correctly at the airport as required, I believe their claim is for IDB, as stated in an earlier post.

    However, regarding your inbound flight, the airline obviously delayed the flight at the request of the cruise line and passengers were give very late notice of a change to the schedule. I believe this will fall under the package travel directive which we do not deal with on this thread due to lack of knowledge/expertise.

    It's an unusual case but I believe the inbound and outbound flights probably fall under different regulations. For that reason I suggest you give Botts a call and see what they think.

    If you do, please let us know how you get on.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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