Flight delay and cancellation compensation, Tui/Thomson ONLY

Hi
I am in a standoff with Tui regarding 'Duty of Care and Assistance'.
Thursday 1st March, we managed to get to our hotel before the snow hit for our 7.25 a.m flight to Tenerife on Friday 2nd (we were going on a cruise)
woke up next morning to find the airport is closed, nothing going in or out.
Our only option was to book an extra day at the hotel as no public transport was available so we were effectively stranded. We finally got through to Tui and they said they were having conference calls to try and get flights up and running. I finally got a call in the early evening to say they were going to try and get planes in for Saturday 3rd.
On Saturday 3rd, the Tui website stated that the flight to Tenerife was not going until Sunday 4th and cruise passengers should not travel to the airport.
Public transport was still not back up and running so we had no choice but book another night in the hotel. I finally got through to the Tui shop where I had booked, we were given the option to re book for the following Friday and I was told to take my receipts to the shop with a view to reimbursement.
I finally received a standard email saying that Tui would not be reimbursing me and I should claim from my insurance.
I replied stating that they had a duty of care and I could take that on if they were unable to provide it. Once again got a polite 'go away' email.

one thing I have noticed is this-

"Airlines have to provide assistance such as food, phone calls and accommodation (where there's an overnight delay) to passengers whose flight has been cancelled, regardless of what caused the cancellation.

However, this only applies to cancelled flights where you choose to be re-routed at the earliest opportunity. If you decide to get a refund for the cancelled flight, or decide to be re-routed at a later date, then the airline doesn't have to provide this assistance as you're no longer its customer."

I'm concerned by the last paragraph, have I retrospectively discharged them of their duty of care because I accepted a different holiday or are Tui just trying it on?

Welcome, Nicky.

According to an on-line flight tracker, your scheduled time of arrival was 03.20 local time, but (using the flight playback option), your aircraft reaches the terminal building at 05.49 local time. It is usual for flights to ‘catch up’. Given your take-take off time was 00.13 (a delay of 3 hours 13 minutes), I believe the data I have is correct and that means you aren’t due compensation.

I think you may have added the 3 hour 13 minute take-off delay to your scheduled arrival time. That would give an arrival time of 06.33, but I am afraid that isn’t how it works. Sorry!

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.

The payment part of the CEDR scheme is it's achilles heel unfortunately. Keep reminding CEDR every week or so.

From my experience they will pay up, eventually.

Was the bird strike on your plane or on your incoming plane as JPears says put your details into bottonline and also euclaim and see what they say.