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    • JPears
    • By JPears 5th Oct 18, 1:44 PM
    • 4,271 Posts
    • 1,168 Thanks
    JPears
    As detailed in my previous offerings my wife and I were awarded £714 (E400 x 2?) for being delayed both ways. It appears that TUI may possibly be being clever and hoping we will not carry on the claim for the return journey (another E400 x 2?). With one eye on the growing compensation culture my wife and I agreed not to pursue the claim for the return and feel that £714 is enough - and we have just used the money to have a week in Zante, with TUI. Cheers TUI
    Originally posted by GerrytheMole
    But you could have had 2 holidays.....
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    The alleged Ringleader.........
    • JPears
    • By JPears 5th Oct 18, 1:49 PM
    • 4,271 Posts
    • 1,168 Thanks
    JPears
    It has occurred to me too that the EU compensation tariff isn't very proportional to the situation.

    In a claim I'm doing, I've provisionally been offered the usual 250 euros. Now, if I'd been offered upfront, right at the time of the delay itself, the taxi fare home (since all trains for the day at Gatwick would be finished) - say, £100, then I'd have called it a day right there. This bearing in mind that it was a leisure flight much cheaper then the equivalent business flight price.

    But... due to the legislation, airline of course won't freely offer everyone 250 euros. Imagine that on a £40 flight. It's got to make sense.

    After Brexit, will we see changes so that the compensation is voluntary from the airline and near instant and the faff of claiming from reluctant airlines ends?
    Originally posted by buglawton
    Alas, since the inception of the regulation (which is now UK law so won't change after Brexit) in 2005, the airlines have done little to improve their efforts to reduce inconvenience to the customer from delays, cancellations and denied boarding.
    This is the whole point or raison d'etre of the regulation.


    What the airlines have excelled at is non payment of compensation for perfectly valid claims through ignoring, misinforming, delaying, or downright lying the customer.
    So I have no qualms about making a claim, as there will be at least another 75% from each flight that don't get compensation due to them, for whatever reason.
    Last edited by JPears; 06-10-2018 at 9:00 AM.
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    The alleged Ringleader.........
    • ceewash
    • By ceewash 5th Oct 18, 7:13 PM
    • 966 Posts
    • 188 Thanks
    ceewash
    Ok so rang TUI. Hooray they have received this email. They said expect to hear from then in about 56days!!! Is this standard? I consider our case quite straight forward.
    Originally posted by ceewash
    I take it all back

    Received a letter from TUi saying they are refunding Ä400 per person and it will be with us in 28 days. Result! Was expecting much more hassle.
    • KingEglon
    • By KingEglon 9th Oct 18, 8:20 AM
    • 181 Posts
    • 123 Thanks
    KingEglon
    I have just got back from a TUI holiday which started out with a 22 hour flight delay because of a medical emergency which meant the plane coming in got diverted. TUI have given me a letter saying there was a delay and that I should claim from my holiday insurance. This feels like TUI trying to push me claiming directly from them. Can anyone suggest whether I am better off claiming from TUI or the insurance company? I am assuming I shouldn't claim from both.
    • Caz3121
    • By Caz3121 9th Oct 18, 9:18 AM
    • 11,508 Posts
    • 7,524 Thanks
    Caz3121
    EU261 compensation from the airline and any delay payment from travel insurance are separate things so you can in theory claim from both (I suspect travel insurance payment may be small £20/£30 depending on your policy)
    I would expect TUI to claim the medical emergency as EC.(even though it was not your flight) Maybe put your flight details into euclaim and bottonline so see if they consider your flight as valid for EU261
    • JPears
    • By JPears 9th Oct 18, 10:28 AM
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    JPears
    I would consider a delay of nearly a day, following an alleged medical emergency on a previous flight NOT an EC and unacceptable.
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    • Shug61
    • By Shug61 10th Oct 18, 6:55 AM
    • 34 Posts
    • 7 Thanks
    Shug61
    I have just got back from a TUI holiday which started out with a 22 hour flight delay because of a medical emergency which meant the plane coming in got diverted. TUI have given me a letter saying there was a delay and that I should claim from my holiday insurance. This feels like TUI trying to push me claiming directly from them. Can anyone suggest whether I am better off claiming from TUI or the insurance company? I am assuming I shouldn't claim from both.
    Originally posted by KingEglon
    Tui gave me the same letter stating I should claim from my travel insurance on my delayed flight from Goa earlier this year. (Crew hours issues)

    Seems this is their standard first attempt to avoid having to pay compensation.

    Keep pushing and good luck
    • JPears
    • By JPears 11th Oct 18, 9:12 PM
    • 4,271 Posts
    • 1,168 Thanks
    JPears
    Reported above post.
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    The alleged Ringleader.........
    • Shug61
    • By Shug61 12th Oct 18, 12:40 PM
    • 34 Posts
    • 7 Thanks
    Shug61
    Reported?

    Why?

    What’s wrong?
    • legal magpie
    • By legal magpie 12th Oct 18, 3:46 PM
    • 940 Posts
    • 409 Thanks
    legal magpie
    Not yours, Shug but one which originally appeared below yours. It was a SPAM and has now been eaten by the moderators
    • Shug61
    • By Shug61 13th Oct 18, 5:43 AM
    • 34 Posts
    • 7 Thanks
    Shug61
    Cheers, didnít think iíd broken any rules
    • **Juice**
    • By **Juice** 17th Oct 18, 9:31 AM
    • 483 Posts
    • 297 Thanks
    **Juice**
    After being delayed on a return flight in May, I was pleasantly surprised to have my claim wrapped up and a cheque sent to me in August for the full amount of compensation.

    Unfortunately, as I travelled under my maiden name and I was the lead passenger, the cheque was made out to my maiden name so my bank wouldn't allow me to pay it in, despite the fact that I banked with them under my maiden name, they have copies of my ID in that name etc etc. They won't issue a cheque in my husband's name as he wasn't the lead passenger.

    I've been going round in circles with TUI for months (asked me to send ID, they sent ID, have confirmed they've got it but have now asked me to post it along with the original cheque) trying to get this cheque re-issued and I'm getting worried that I'll never actually get it. Has anyone got any thoughts on what I can do to try and sort this out?

    I've rung them again today and their systems are down so they've asked me to call back tomorrow. Their after sales team are absolutely infuriating.
    • JPears
    • By JPears 17th Oct 18, 9:34 AM
    • 4,271 Posts
    • 1,168 Thanks
    JPears
    Suggest they pay by bank transfer instead of cheque?
    Failing that send an NBA/LBA giving them 14 days to send the correct cheque or you will start legal proceedings. That may catalyse some sort of sensible response and action.
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    The alleged Ringleader.........
    • PomBear
    • By PomBear 17th Oct 18, 9:42 AM
    • 153 Posts
    • 40 Thanks
    PomBear
    Could you not return the cheque to them and ask them to pay you by bank transfer? I think that would be a reasonable request. Youíll only need to provide your sort code and account number in this case.

    I had the same problem years ago. NatWest refused to cash a cheque that had been drawn on a US bank a/c (I was selling some shares). The cheque had been drawn just after I got married, but I hadnít changed my name on the account selling shares as it was all a bit complicated being the other side of the pond. By the time the cheque arrived in the UK Iíd changed my name to my married one in my bank a/c. Despite NatWest having a full paper trail showing my maiden name, they refused to cash it as it had been drawn after the date I got married!

    I got round it as I found a dormant bank account that was still in my maiden name and paid it into that.
    • PomBear
    • By PomBear 17th Oct 18, 9:43 AM
    • 153 Posts
    • 40 Thanks
    PomBear
    X-post with JPears - apologies
    • UnhappyFiona
    • By UnhappyFiona 18th Oct 18, 9:49 PM
    • 1 Posts
    • 0 Thanks
    UnhappyFiona
    Let down by CEDR
    Hi, I'm sorry if this repeats anyone else's story, I'm just fuming. TUI have ignored my delay claim for two years. Just ignored me. Just sent automated replies and fobbed me off. I finally got fed up with this and checked this website to find out how to escalate the problem, and went through the CEDR (pretty confident actually, given that my travelling companion had received compensation really easily through a 3rd party).

    TUI rejected my claim and the CEDR appointed an adjudicator. I just got the decision - found in favour of TUI because the claim was over 6 years. The claim was over 6 years because TUI stonewalled me! CEDR used the date of my case with them, *not* the date of my initial application.

    So I have read a couple of posts saying the CAA is on the side of the airlines, and it seems the same is true of the CEDR. TUI now basically have carte blanche to ignore claims until they are older than 6 years, then will reject them on those grounds. I am so, SO SO angry about this. How is this ok for them to do, and how is it ok for the CEDR to support them and provide them with this loophole?
    • Justice13075
    • By Justice13075 19th Oct 18, 9:23 AM
    • 1,456 Posts
    • 521 Thanks
    Justice13075
    This is what these companies do it is not just the airlines it's other businesses as well.
    • legal magpie
    • By legal magpie 19th Oct 18, 9:32 AM
    • 940 Posts
    • 409 Thanks
    legal magpie
    So sorry about this Fiona, but the law is that Court proceedings must be commenced within 6 years. So, assuming that your flight was more than 6 years ago, you have no claim in law which means that,regardless of the rights and wrongs of the case, CEDR had no choice but to turn down your claim. The fact that TUI have fobbed you off for so long doesn't help. So I can offer you tea and sympathy but no hope with the claim, sorry.
    • JPears
    • By JPears 19th Oct 18, 12:15 PM
    • 4,271 Posts
    • 1,168 Thanks
    JPears
    However a letter of complaint to the CAA highlighting tui's disgraceful, immoral and unethical behaviour wouldn't go amiss..
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    The alleged Ringleader.........
    • Kasha89
    • By Kasha89 22nd Oct 18, 11:46 AM
    • 3 Posts
    • 0 Thanks
    Kasha89
    Hi guys,

    So on 27th Sep we were flying back from Aruba to LGW. Unfortunately, at the beginning there was a problem with the fuel and Aruba airport so after waiting for an hour and so the pilot decided that we will fly to Punta Cana Airport (we had enough fuel to get us there) and there we will get the fuel and then head back to London. When we landed at Punta Cana, we were waiting for more than an hour to refill the petrol when suddenly one of the passengers felt sick. The crew just to help the person but failing to do so an ambulance was called. We were then informed by the pilot that they are not allowed to leave the airport if they still have this passangers luggages and if they try to find it in it would exceed crew working hours so we will not be able to return to London as the staff need to have 12 h break. An overnight at the hotel was arranged for us and we were meant to fly out the next day, what eventually happened. The flight was meant to be from Aruba at 16:20, we only got off at Punta Cana at around midnight. Overall we landed at LGW with a delay of 25 hours! I wrote a compensation letter to Tui and this is what I received:

    Thank you for taking the time to contact us regarding your flight delay claim.
    In a limited number of circumstances Regulation of the European Union (EU 261/2004) now entitles some affected customers to a payment when their flight is delayed over three hours on arrival. In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM003 Aruba to London Gatwick and our delay handling logs show that the flight was delayed due to medical emergency.
    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.
    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:
    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.
    Thank you again for taking the time to contact us.
    Yours sincerely,
    They point out to the medical issue, but what about the staff exceeding their working hours? Is there anything we can do to get the compensation? I lost 1 working day at work due to the delay, my partner lost 2 days.
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