Flight Delayed Compo?
Discussion
My Tui flight was delayed 5 hours. I got a text saying I could get a voucher, someone went to collect them from the desk but they said it was too short at 3 hours in. We had a replacement plane, which did not have my pre booked extra legroom seating as it had a different layout.
We did get a free drink and a sandwich on the plane for the 4.5 hour flight, but this was because they couldn't take card payments. And someone had to be paid 400eu to get off the plane as a seat was broken, along with an appeal for anyone with stewardess experience who would help the flight crew as they were one short.
We heard the incoming plane was just delayed, bit I don't really know why we had a replacement plane.
Any chance of me claiming the £350 compensation? It was really bad start to the holiday, and Tui have bit responded to my complaint.
We did get a free drink and a sandwich on the plane for the 4.5 hour flight, but this was because they couldn't take card payments. And someone had to be paid 400eu to get off the plane as a seat was broken, along with an appeal for anyone with stewardess experience who would help the flight crew as they were one short.
We heard the incoming plane was just delayed, bit I don't really know why we had a replacement plane.
Any chance of me claiming the £350 compensation? It was really bad start to the holiday, and Tui have bit responded to my complaint.
It depends on why the flight was delayed. And how creative they want to get about it.
I had a 3hr delay on Ryanair last year and they tried to claim ‘extenuating circumstances’. This ultimately proved to be bs (which I knew the moment they tried to claim it as the reason was explicitly explained at the time) but I ended up having to use the free legal ‘Aviation Disputes Resolution’ organisation to effectively get the legal heavies in to get them to pay up. It’s taken 10 months but they have indeed paid after it was ruled that they did indeed not have any extenuating circumstances that were not possible to resolve prior to my flight.
Extenuating circumstances FIY are weather, bird strikes and atc routing delays.
I had a 3hr delay on Ryanair last year and they tried to claim ‘extenuating circumstances’. This ultimately proved to be bs (which I knew the moment they tried to claim it as the reason was explicitly explained at the time) but I ended up having to use the free legal ‘Aviation Disputes Resolution’ organisation to effectively get the legal heavies in to get them to pay up. It’s taken 10 months but they have indeed paid after it was ruled that they did indeed not have any extenuating circumstances that were not possible to resolve prior to my flight.
Extenuating circumstances FIY are weather, bird strikes and atc routing delays.
xx99xx said:
What does it say in your travel insurance terms and conditions?
Nothing to do with insurance, there are clear rules and clear compo rates for flight delays:https://www.caa.co.uk/passengers/resolving-travel-...
"Under UK law, airlines may have to provide compensation if your flight arrives at its destination more than three hours late.
This depends on what caused the delay – if it wasn’t the airline’s fault, don’t expect to receive any compensation.
Disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation.
The length of your flight determines the amount that you may be entitled to, so it’s a good idea to check which category your flight falls into:
Length of flight Compensation
short-haul flight of under 1,500km (e.g. Glasgow to Amsterdam) £220
medium-haul flight of 1,500km – 3,500km (e.g. East Midlands to Marrakesh) £350
long-haul flight of over 3,500km (e.g. London to New York) £520
long-haul flight of over 3,500km (e.g. London to New York) £260 (in case you arrived at your destination with a delay of under 4 hours)"
Money Saving Expert have a free online tool
https://www.moneysavingexpert.com/travel/flight-de...
I've used it a few times and it's worked flawlessly.
https://www.moneysavingexpert.com/travel/flight-de...
I've used it a few times and it's worked flawlessly.
Last year was seven hours delayed on a flight to Glasgow by ryanair. The passenger I was sitting next to was so used to it with ryanair that he was typing the application form in while sitting on the tarmac.
basically everyone strapped into the plane, cloud went across the runway at Gatwick. They flight was delayed an hour for another slot. Before the hour was up the cabin crew waived goodby as they had apparently gone past their allotted time for the day. No other flight staff were available for the next six hours. Wouldn't let anyone disembark. Ryanair left what looked like a single teenage porter to take the flack from everyone on the plane, and handout bottles of water for seven hours. No food just water.
Got to Glasgow at 3 in the morning. Could get anyone or anything to take us to the hotel for another two hours because scotland stops working after 6pm in the evening
So flight buggered, expensive hotel with paid for meal buggered and the rest of the getaway which was four days of jetlag totally buggered
I put in a complaint and refund request as per the system when we got back. Three months later we got a reply from ryanair to say it wasn't their fault as the cloud was beyond their control.
So my advice to Ryanair passengers is - Don't,
basically everyone strapped into the plane, cloud went across the runway at Gatwick. They flight was delayed an hour for another slot. Before the hour was up the cabin crew waived goodby as they had apparently gone past their allotted time for the day. No other flight staff were available for the next six hours. Wouldn't let anyone disembark. Ryanair left what looked like a single teenage porter to take the flack from everyone on the plane, and handout bottles of water for seven hours. No food just water.
Got to Glasgow at 3 in the morning. Could get anyone or anything to take us to the hotel for another two hours because scotland stops working after 6pm in the evening
So flight buggered, expensive hotel with paid for meal buggered and the rest of the getaway which was four days of jetlag totally buggered
I put in a complaint and refund request as per the system when we got back. Three months later we got a reply from ryanair to say it wasn't their fault as the cloud was beyond their control.
So my advice to Ryanair passengers is - Don't,
Sheepshanks said:
julian64 said:
So my advice to Ryanair passengers is - Don't,
Many years ago I vowed I'd never fly with Ryanair and so far I haven't. If the only of getting somewhere is by Ryanair then I ain't going there.I was delayed by 3 hours in 2012
Some 3 or-so years later, I was contacted by someone asking if I wanted to claim compo.
I knew nothing about the possibility, so looked on the MSE website and followed the instructions there.
After a couple of emails; £500 of TUI vouchers were duly offered. Which MSE told me i could reject, so TUI sent me a cheque instead.
It was quite easy - as said by others, just ensure it wasn't force majeure - weather, or similar that caused the delay.
Some 3 or-so years later, I was contacted by someone asking if I wanted to claim compo.
I knew nothing about the possibility, so looked on the MSE website and followed the instructions there.
After a couple of emails; £500 of TUI vouchers were duly offered. Which MSE told me i could reject, so TUI sent me a cheque instead.
It was quite easy - as said by others, just ensure it wasn't force majeure - weather, or similar that caused the delay.
lost in espace said:
My Tui flight was delayed 5 hours. I got a text saying I could get a voucher, someone went to collect them from the desk but they said it was too short at 3 hours in. We had a replacement plane, which did not have my pre booked extra legroom seating as it had a different layout.
We did get a free drink and a sandwich on the plane for the 4.5 hour flight, but this was because they couldn't take card payments. And someone had to be paid 400eu to get off the plane as a seat was broken, along with an appeal for anyone with stewardess experience who would help the flight crew as they were one short.
We heard the incoming plane was just delayed, bit I don't really know why we had a replacement plane.
Any chance of me claiming the £350 compensation? It was really bad start to the holiday, and Tui have bit responded to my complaint.
Sorry to hear that. You’ll have to try and see whether it was related to something like bad weather along the route or ATFM but with that sort of delay it seems unlikely. What was the flight number and when was the flight?We did get a free drink and a sandwich on the plane for the 4.5 hour flight, but this was because they couldn't take card payments. And someone had to be paid 400eu to get off the plane as a seat was broken, along with an appeal for anyone with stewardess experience who would help the flight crew as they were one short.
We heard the incoming plane was just delayed, bit I don't really know why we had a replacement plane.
Any chance of me claiming the £350 compensation? It was really bad start to the holiday, and Tui have bit responded to my complaint.
lost in espace said:
3 June Tom4642 Gatwick to Las Palmas, thanks for this. I think it was scheduled at 1330 and we boarded at 1730 and the door closed at 1800. So maybe less than 5 hours delay.
You landed a tad over 4 hours late so you definitely tick that box.It was a charter company that TUI use called Smartlynx Estonia. To me it looks possible that it was accumulated delay through the day and possibly even the day before as the aircraft you flew on had been out to Ibiza and back in the morning, both of those flights late. Your aircraft landed into Gatwick 2 hours after your planned departure time! That wasn’t a French ATC strike day. They didn’t strike in June until 5th-6th so don’t let them try that one.
I’d submit your claim, remember it’s £350 per passenger, see what they say. They might just pay up, they might try and blame extraneous factors but make sure you push back if they try that one. It’s for them to prove that something outwith their control or responsibility caused the delay. My wife had a bit of a scrap with finnair recently and eventually they caved and paid up.
TUI response as expected:
European Regulation EC 261/2004 states that we as the Airline may have to pay compensation to you when you experience a long delay of over 3 hours on arrival, but only if the delay wasn’t caused by ‘extraordinary circumstances’. We have investigated your claim for your flight delay of 04 hours and 15 minutes and our delay handling logs show that your flight was delayed due to Air Traffic Control restrictions in place affecting the operating schedule of your flight. As you can appreciate this is out of our direct control. In circumstances such as this we are required to follow the decisions of Air Traffic Control. 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: 29. Air Traffic Management “Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.” 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. Having investigated into the reasons for the delay to your flight, I can confirm that the circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union.
Update I did reply to the TUI email but it bounced no reply, so I will file the ADR.
European Regulation EC 261/2004 states that we as the Airline may have to pay compensation to you when you experience a long delay of over 3 hours on arrival, but only if the delay wasn’t caused by ‘extraordinary circumstances’. We have investigated your claim for your flight delay of 04 hours and 15 minutes and our delay handling logs show that your flight was delayed due to Air Traffic Control restrictions in place affecting the operating schedule of your flight. As you can appreciate this is out of our direct control. In circumstances such as this we are required to follow the decisions of Air Traffic Control. 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: 29. Air Traffic Management “Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.” 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. Having investigated into the reasons for the delay to your flight, I can confirm that the circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union.
Update I did reply to the TUI email but it bounced no reply, so I will file the ADR.
Edited by lost in espace on Thursday 15th June 16:35
I think an ADR might be in order.
Your plane landed into Gatwick from Ibiza at 15:38, it didn’t depart until just after 1800. That’s a 2.5hr turnaround which if they’d kept to the planned 1hr would have seen you scrape inside the delay limit. I’d be wanting to know how they copped such a substantial delay at Gatwick because personally I’m sceptical that it’s solely related to ATM.
Your plane landed into Gatwick from Ibiza at 15:38, it didn’t depart until just after 1800. That’s a 2.5hr turnaround which if they’d kept to the planned 1hr would have seen you scrape inside the delay limit. I’d be wanting to know how they copped such a substantial delay at Gatwick because personally I’m sceptical that it’s solely related to ATM.
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