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    • techmanandrew
    • By techmanandrew 14th Sep 18, 12:21 PM
    • 2 Posts
    • 0 Thanks
    techmanandrew
    Any update?
    I was on this flight too and after some confusion with the afterflight team confusing this years claim with last years claim received this:-
    BOOKING REFERENCE: | CASE REFERENCE: CO-702538 | ISSUE DATE: 12/09/2018
    Dear Mr Clarke,
    Thank you for your communication with us, concerning your flight delay.
    We have reviewed the circumstances surrounding the delay of the flight and can confirm that in this instance the flight was delayed due to crew flight time limitations.

    In this instance the disruption to the fleet was unprecedented, however all resources available were utilised to ensure that the flight operated at the first available opportunity.

    We appreciate that you have requested compensation from us in respect of the delay, however as the cause of the delay was due to external factors over which we have no control we are not required to pay compensation under Regulation EC 261/2004 in these circumstances.
    Thank you for contacting us.
    Yours sincerely,

    Sonali Jagtap
    Customer Contact Advisor
    TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk

    I have emailed them back stating I wish to appeal their decision and for their appeals process.
    I'll keep you informed of any news
    Andrew
    • techmanandrew
    • By techmanandrew 14th Sep 18, 12:24 PM
    • 2 Posts
    • 0 Thanks
    techmanandrew
    Any update?
    As an update for those who also have the same excuse from TUI the decision is now in and the airline have to pay up!

    The airline has 28 days from the acceptance date to comply with the decision. So fingers crossed TUI behave and make payment soon.

    Thanks again for all the info on this forum. Good luck to all those pursuing their own cases. Keep at it!
    Originally posted by korf
    I was on this flight too and after some confusion with the afterflight team confusing this years claim with last years claim received this:-
    BOOKING REFERENCE: | CASE REFERENCE: CO-702538 | ISSUE DATE: 12/09/2018
    Dear Mr Clarke,
    Thank you for your communication with us, concerning your flight delay.
    We have reviewed the circumstances surrounding the delay of the flight and can confirm that in this instance the flight was delayed due to crew flight time limitations.

    In this instance the disruption to the fleet was unprecedented, however all resources available were utilised to ensure that the flight operated at the first available opportunity.

    We appreciate that you have requested compensation from us in respect of the delay, however as the cause of the delay was due to external factors over which we have no control we are not required to pay compensation under Regulation EC 261/2004 in these circumstances.
    Thank you for contacting us.
    Yours sincerely,

    Sonali Jagtap
    Customer Contact Advisor
    TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk

    I have emailed them back stating I wish to appeal their decision and for their appeals process.
    I'll keep you informed of any news
    Andrew
    • JPears
    • By JPears 14th Sep 18, 1:53 PM
    • 4,173 Posts
    • 1,136 Thanks
    JPears
    You can appeal all you like they will either just ignore you or send the same response.
    You now can either:
    1. walk away,
    2. go to an ADR
    3. hand over to Botts or EUClaim or
    4. DIY legal
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Shug61
    • By Shug61 15th Sep 18, 11:31 AM
    • 31 Posts
    • 6 Thanks
    Shug61
    I was on this flight too and after some confusion with the afterflight team confusing this years claim with last years claim received this:-
    BOOKING REFERENCE: | CASE REFERENCE: CO-702538 | ISSUE DATE: 12/09/2018
    Dear Mr Clarke,
    Thank you for your communication with us, concerning your flight delay.
    We have reviewed the circumstances surrounding the delay of the flight and can confirm that in this instance the flight was delayed due to crew flight time limitations.

    In this instance the disruption to the fleet was unprecedented, however all resources available were utilised to ensure that the flight operated at the first available opportunity.

    We appreciate that you have requested compensation from us in respect of the delay, however as the cause of the delay was due to external factors over which we have no control we are not required to pay compensation under Regulation EC 261/2004 in these circumstances.
    Thank you for contacting us.
    Yours sincerely,

    Sonali Jagtap
    Customer Contact Advisor
    TUI Customer Contact Team email: Aftertravel.Flightdelay@tui.co.uk

    I have emailed them back stating I wish to appeal their decision and for their appeals process.
    I'll keep you informed of any news
    Andrew
    Originally posted by techmanandrew
    I had same sort of response months ago, just go to the CEDR website and enter a claim. Keep copies of dates and Tui responses as you will need to submit these.

    My original reply from their Indian call centre ( or rejection centre) was crew limitations then they tried the weather a few days previously, but thanks to persistence and CEDR I got my claim paid in the end.

    So much for crossing the Ts, dotting the is and putting U in the middle...
    • GerrytheMole
    • By GerrytheMole 15th Sep 18, 10:25 PM
    • 3 Posts
    • 0 Thanks
    GerrytheMole
    Crete delayed flight both ways
    Earlier this year my wife and I were delayed by a few hours on both outward and homeward journeys. Upon our return we claimed for the delays using the Resolver form. Initially we never got any replies, but this morning we got a cheque for 714 - RESULT:
    • Tyzap
    • By Tyzap 15th Sep 18, 11:10 PM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    Earlier this year my wife and I were delayed by a few hours on both outward and homeward journeys. Upon our return we claimed for the delays using the Resolver form. Initially we never got any replies, but this morning we got a cheque for 714 - RESULT:
    Originally posted by GerrytheMole
    Hi Gerrythe Mole,

    Is that payment for one flight delay only? 2x 400?

    I presume you are still waiting for another cheque cos that amount seems a bit odd.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • GerrytheMole
    • By GerrytheMole 16th Sep 18, 7:15 AM
    • 3 Posts
    • 0 Thanks
    GerrytheMole
    Hi Tyzap, I gotta say that we are both happy with the 714. There may well be another cheque on the way (which will not be refused ) but essentially we will settle for the 714. We are aware of the growing 'compensation culture' that could eventually push up prices.
    • Tyzap
    • By Tyzap 16th Sep 18, 10:36 AM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    Hi Tyzap, I gotta say that we are both happy with the 714. There may well be another cheque on the way (which will not be refused ) but essentially we will settle for the 714. We are aware of the growing 'compensation culture' that could eventually push up prices.
    Originally posted by GerrytheMole
    Hi GerrytheMole,

    I queried it because sometimes the airlines make mistakes but it's also not beyond them to be crafty and sly.

    They will often try it on just to see if they can get away with it. In this case they may have processed one claim but not the other, it's hard to tell.

    If they sent you the full amount and you then returned one cheque because you felt, for moral reasons maybe, that one was enough it would be your choice.

    On the other hand I, personally, would feel aggrieved if they were doing it for immoral reasons.

    On this forum we have seem instances of underpayment, for various reasons, and the claimant did not realise until it was mentioned here.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • ceewash
    • By ceewash 16th Sep 18, 10:24 PM
    • 952 Posts
    • 186 Thanks
    ceewash
    Mail them again. Be firm or they will ignore you. They will probably stall or ignore you but stick with it.

    Alternatively start process with one of the firms earlier
    Originally posted by Shug61
    Just an update- on ringing TUI they said they hadn't received the email and we would have to resend it. Then ring to see if they had received it. Think we are in for a long battle!!!
    • buglawton
    • By buglawton 17th Sep 18, 10:10 PM
    • 7,631 Posts
    • 4,257 Thanks
    buglawton
    Tried to find TUI's phone number today to follow up on why no reply to either Resolver or a separate email I sent to their after flight email address. Seems they've replaced email & phone info with a form, you log in with the same email address you made the booking with then submit the delayed flight details.

    Anyway, I'd like to check the official record of the delay. Apparently there are websites that access the historical info. Anyone know of one that'll allow a (free) inquiry for 4 months back between Croatia and Gatwick?
    • Lindajames
    • By Lindajames 17th Sep 18, 10:59 PM
    • 3 Posts
    • 0 Thanks
    Lindajames
    Hi, looking for advice about the decision taken by CEDR regarding my claim for compensation from tui Airlines for flight delay. Some friends we met on the holiday put their claim in via CEDR which the adjudicator found in their favour, mine claim was dismissed then a few weeks later someone's else's claim was granted! I find this unbelievable, either tui are at fault or not! I did complain to CEDR but to no avail, I've complained to the CAA, so awaiting a reply. Would anyone recommend small claims court, ombudsman or ABTA??? Would welcome advice and comments please
    • Lindajames
    • By Lindajames 17th Sep 18, 11:26 PM
    • 3 Posts
    • 0 Thanks
    Lindajames
    Has anyone been paid compensation for the flight delay from 10 December 2017 Birmingham to Barbados, tui said delay caused through bad weather, ie snow, but when they could have departed when runway opened, they did not have sufficient staff. CEDR refused my claim but I know two different couples on the flight have been awarded claims through CEDR. Frustrating and I want to take this further, tui at fault or not, can't be for one adjudicator and for another different
    • Tyzap
    • By Tyzap 17th Sep 18, 11:35 PM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    Hi, looking for advice about the decision taken by CEDR regarding my claim for compensation from tui Airlines for flight delay. Some friends we met on the holiday put their claim in via CEDR which the adjudicator found in their favour, mine claim was dismissed then a few weeks later someone's else's claim was granted! I find this unbelievable, either tui are at fault or not! I did complain to CEDR but to no avail, I've complained to the CAA, so awaiting a reply. Would anyone recommend small claims court, ombudsman or ABTA??? Would welcome advice and comments please
    Originally posted by Lindajames
    Hi Lindajames,

    CEDR, like all the other ADR providers, have a couple of seriously weak areas. One is a lack of enforcement powers and another is their policy of each adjudicator coming to his/her own decision on each case. They will not follow a president set by earlier decisions on the same flight delay.

    As you have highlighted, this is bound to lead to this sort of idiotic situation. CERD do monitor this forum so I invite them to give a good reason why they allow this conflicting situation to come about.

    The only realistic option still open to you is MCOL, where you should point out to the judge that other claimants from the same flight have been paid compensation. I'm 99.9% sure it would not go as far as a court hearing, it's just a game of brinkmanship and determination now.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 18th Sep 18, 8:55 AM
    • 4,173 Posts
    • 1,136 Thanks
    JPears
    As Tyzap has said. If you are in contact with your friends, you could get a signed statement or affidavit from them, should it go to court.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • legal magpie
    • By legal magpie 18th Sep 18, 9:25 AM
    • 914 Posts
    • 402 Thanks
    legal magpie
    This problem of airlines defending claims in Court for flights where another court has already ruled in favour of the passenger on that flight has been identified in Court. The Court can strike out a defence where there has already been a ruling but the difficulty is knowing.
    • Lindajames
    • By Lindajames 18th Sep 18, 7:45 PM
    • 3 Posts
    • 0 Thanks
    Lindajames
    Tui flight
    Hi, thanks for advice, had a look at MCOL site and will delve further into this as not letting it go!! This is very unprofessional and unbelievable behaviour from CEDR who are appointed by the CAA to safeguard the customers, and they have a legal obligation to regulate airlines protecting consumers from airlines that intentionally and repeatedly break the law. Will keep the forum posted. Thanks again
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