Flight delay and cancellation compensation, Tui/Thomson ONLY
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Is the cheque accompanied by a full and final offer letter?
If it is, you mustn't bank it but should send it back explaining that you do not accept the offer.
If it isn't, you can bank it but you MUST write to TUI explaining that the £75 has been treated as a payment on account towards your claim. Or if you are unhappy with this, write to them saying that you don't accept the offer but that you will treat the cheque as a payment on account.. ie. before you pay the cheque in.0 -
Pleased to report that the CEDR ruled in my favour in respect of the 5 hour delay to my flight from Cancun to MAN. The flight was late because of the incoming flight delay, MAN was closed the morning of its departure. My initial claim via the TUI site was rejected quoting bad weather and extraordinary circumstance 11. I wrote back to TUI saying that bad weather had not affected my flight and they should recheck their logs. They declined again and on the advice of this forum I took the case to the CEDR. TUI responded that the flight was late due to the incoming flight delay - nervous passenger offload, two no shows with checked baggage and the need to get a third pilot (none of which they had mentioned before) plus the bad weather. The flight logs were unclear about the timings. CEDR stated that the airport reopened at 1030 (10 mins after the scheduled departure time) so could not be to blame for the flight not departing until 16.43. CEDR continued that TUI had not demonstrated these events could be considered as EA, and they were mindful of the fact this was the preceding flight and not mine. It continues that "the airline has not shown that it considered all reasonable measures" and directs TUI to pay the compensation.
Special thanks to Tyzap for his assistance in pointing me in the right direction!0 -
And thats a pretty prompt result,considering your flight was way back in ..... January.
Took 7 months to sort my claim out via CEDR.....
:beer:
:beer::j:T:rotfl:If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
I wouldn't be sure at all there's a valid claim here .Because the incoming flight was delayed due to extraordinary circumstances.LisaJeeves wrote: »Pleased to report that the CEDR ruled in my favour
Well done Lisa:beer:
It's just as well you took no notice of some poor advice. If you had, you and all your party would be €600 each worse off.
Great result:TPlease read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
LisaJeeves wrote: »....."the airline has not shown that it considered all reasonable measures" and directs TUI to pay the compensation...
It’s great that CEDR has commented on this. It is so important but airlines seem to ignore what is clearly stated in the regulation viz recital 15
15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.Posts are not advice and must not be relied upon.0 -
It’s great that CEDR has commented on this. It is so important but airlines seem to ignore what is clearly stated in the regulation viz recital 15
You're right.
The 'all reasonable measure' or '2nd limb' to the extraordinary circumstances defence is generally misunderstood or ignored by the airlines. They do this at their peril, as it can be a very powerful tool for claimants, if fully understood.
Luckily for many claimants CEDR adjudicators do seem to have this area under control.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
I am in complete agreement, Tyzap.
You were a huge support to me over on the Jet2 thread when I litigated in person.
As I am sure you will remember, in my case, Jet2 argued extraordinary circumstances because they couldn’t land due to the wind speed. Jet2 refuses to sign up to an ADR body so I was forced down the court route. What they ignored was whether they could have taken reasonable measures to avoid the situation, which in my case, they could have.
I do wonder whether there is too much focus on the cause (which it may not be possible to go behind) and too little on whether the airline could have reasonable avoided it in the first place.
A judge can only consider the facts that are presented to them in finding judgment.
Nevertheless, a great result!0 -
Hi PomBear,
Yes I remember your case well, it was a conundrum for a while but we got there in the end, your tenacity and guile being particularly helpful. I hope the other 3 or 4 claimants, from both those flights, who posted here also got their just rewards.
I believe your case broke the ice, so to speak, and became the first from that flight to be paid out. These are the hardest cases to crack as the airlines are willing to put all their resources into preventing that first pay out.
I agree with your remarks about too much focus on the cause, it's not always important, and can be a distraction. As an old proved says, there is more than one way to skin a cat! As Jet2 found to their cost in your case:)Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
In my case with CEDR, it made it quite clear to the adjudicator that there were 2 aspects to our claim against easyJet - 1. No EC existed. 2. 7 day wait for the next flight with NO effort of any kind given by EJ is not all reasonable measures to reduce delay.
Alas, EJ decided not to defend so the adjudicator took the easy route.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Well done Lisa:beer:
It's just as well you took no notice of some poor advice. If you had, you and all your party would be €600 each worse off.
Great result:T
Hi all,
I haven't posted for a while. Unless there's been a new ruling this still boils back down to pre-amble 14 of the Regulation, basically saying bad weather is only EC if it affects the flight concerned.
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML
Sorry to be reading that airlines are still trying it on :mad:0
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