We had a problem with a charter flight on 20 December, delayed 29 hours with associated costs. The airline (Thomson) was eager to hand out "your rights" but refused to actually comply with any - no food vouchers, no accomodation for the following day's flight. (thinks - must send on that EC261/2004 to the CAA)
I sent a formal letter to Crystal Ski ("TUI, trading as CS") as the tour operator we had the contract with, they forwarded it to Thomson ("TUI, trading as TOM", hmm, left hand and right hand) citing page xyz of the brochure which says airline handles its issues. Thomson are going to replace a smashed suitcase - did I mention the woes didn't stop with the delays, no food, no accommodation - but have not yet responded to the hotel & dinner claims. Jan 18 was the CS reply.
Will I chase the tour op or the airline behind it? I had assumed the tour op was the one we had a contract with?
In addition, the delay was "crewing issues" due to snow 3 days before. Now, TOM were the only ones with 2-3 days overdue flights on the departure boards so I am not sympathetic to the white stuff "extraordinary circumstances" rebuttal. Quite the opposite: the few onsite staff in LGW were most unhelpful (to 300 very polite peeps) and kept chanting "insurance insurance insurance". I'd like to grab €250pp to help fix that bad attitude. Would this fly (pardon the pun) in light of a snowfall days before? Days, not on the day, and not affecting Easyjet or BA.
Any responses most welcome. I've searched HT and flightmole high & low but if I've missed agent-versus-supplier clarifications do please excuse me!
First of all you need written confirmation of the reason of the delay. If it due to crewing issues then that isn't an extroadinary circumstances so you should be entitled to the compensation, however don't expect to receive this without a struggle, expect to have to file through small claims court.
How was the weather at your destination/departure airport?
Also if you do have reciepts from your expenditure during your delay (food, drink, hotel etc) then any reasonable costs should be reimbursed.
You will claim all this from the airline.
How was the weather at your destination/departure airport?
Also if you do have reciepts from your expenditure during your delay (food, drink, hotel etc) then any reasonable costs should be reimbursed.
You will claim all this from the airline.
Thanks for that. The arrival airport in France (Jura) was fully operating, we were stuck in LGW north watching all the other flights (not Tom but EZ and BA) depart. Our status was "Gate opens 04.40" all day long, well after 04.40. How grating that was.
Have all receipts. £108 for hotel, £40ish for dinner, some bites. The airline ground staff were like something out of central casting told to "move 'em out, smile". Asked about accomodation: "I think the limit is £75." Do you have that in writing? She wrote £ 7 5 on a piece of paper! We had to look around for any evidence of candid camera. The gruff desk bod said No 'otels, we said you must! He said he'd call his office. Held queueing and ignoring us so we made a quick call and grabbed a local one we used the night before, along with fellow victims. The Gatwick side was a total mess. Other non-flying people with no credit were staying on the floor with tinfoil blankets, some sobbing. I've kept this out of the formal letters but the dithering and uncertainty do-we do-we-not-fly does ruin a holiday unnecessarily. And no hint of a sorry, voucher or other mandatory items.
Have all receipts. £108 for hotel, £40ish for dinner, some bites. The airline ground staff were like something out of central casting told to "move 'em out, smile". Asked about accomodation: "I think the limit is £75." Do you have that in writing? She wrote £ 7 5 on a piece of paper! We had to look around for any evidence of candid camera. The gruff desk bod said No 'otels, we said you must! He said he'd call his office. Held queueing and ignoring us so we made a quick call and grabbed a local one we used the night before, along with fellow victims. The Gatwick side was a total mess. Other non-flying people with no credit were staying on the floor with tinfoil blankets, some sobbing. I've kept this out of the formal letters but the dithering and uncertainty do-we do-we-not-fly does ruin a holiday unnecessarily. And no hint of a sorry, voucher or other mandatory items.
Don't think you will get far with a claim.
Lots of people were in the same boat due to the weather.
Airports aren't geared up for lots of people that would have been stranded there.
Also the crewing issues maybe they couldn't get there because of the weather conditions.
Not being funny but i hope you don't write your letter the way you have done your post.
Lots of people were in the same boat due to the weather.
Airports aren't geared up for lots of people that would have been stranded there.
Also the crewing issues maybe they couldn't get there because of the weather conditions.
Not being funny but i hope you don't write your letter the way you have done your post.
very interesting scenario.
true the 261 rules have an exceptional events get out clause but as you say, they weren't exceptional enough to stop other airlines. Did you get any evidence of that like a photo of the departure screens or something in writing?
You asked the question about which company to claim against - you might have a claim against both! What do Crystals T&Cs say about hanging about an airport for 29 hours? It's true that insurance might give something under the "delayed departure" section but they would expect you to make an event to get contract terms paid first.
Given that both the airline and Crystal are subsidaries of TUI group why mess about in a game of piggy in the middle between them? Write to the GROUP chief executive and ask him to decide which to give it to. http://www.tuitravelplc.com/tui/pages/aboutus/management/directors?ref=4
true the 261 rules have an exceptional events get out clause but as you say, they weren't exceptional enough to stop other airlines. Did you get any evidence of that like a photo of the departure screens or something in writing?
You asked the question about which company to claim against - you might have a claim against both! What do Crystals T&Cs say about hanging about an airport for 29 hours? It's true that insurance might give something under the "delayed departure" section but they would expect you to make an event to get contract terms paid first.
Given that both the airline and Crystal are subsidaries of TUI group why mess about in a game of piggy in the middle between them? Write to the GROUP chief executive and ask him to decide which to give it to. http://www.tuitravelplc.com/tui/pages/aboutus/management/directors?ref=4
chelle375 has already given good advice in stating that you need to obtain the airline's written reason for the delay before you do anything else. Your claim is against the operating air carrier in cases such as these (under EC 261/2004) not the tour operator so you will need to send copies of your receipts for hotel/meals to the airline via RM special delivery for settlement.
Assume your flight was TOM4662.
Assume your flight was TOM4662.
steve8482: yes, I took photos of the departure screens. TOM flights were piling up all day with only 1 BA India flight in the backlog. I can't see how 1 airline can pull the extraordinary excuse when the rest were situation normal (albeit that the others may have made cancellations, but again they would have had tired crew and misplaced 'planes).
AP1408: not sure why you take this view that an airport fully open for 2 days would permit TOM to pull the extraordinary excuse. We were unable to dig a letter off them stating the reason for the delay but the ground staff (airport and non-Tom) said it was due to crews using up permitted hours, possibly snow-related but again that was Friday and we were due to fly Monday.
I will now ask for a formal reason for the delay, something more than "snow" as it was not snowing for 2-3 days before. We got a letter from the CS rep documenting the delay but not its root cause. In any event, 261 does mandate vouchers and proper pax handling, not abandonemnt followed by a kick out.
AP1408: not sure why you take this view that an airport fully open for 2 days would permit TOM to pull the extraordinary excuse. We were unable to dig a letter off them stating the reason for the delay but the ground staff (airport and non-Tom) said it was due to crews using up permitted hours, possibly snow-related but again that was Friday and we were due to fly Monday.
I will now ask for a formal reason for the delay, something more than "snow" as it was not snowing for 2-3 days before. We got a letter from the CS rep documenting the delay but not its root cause. In any event, 261 does mandate vouchers and proper pax handling, not abandonemnt followed by a kick out.
Sorry to butt in on your topic, CM, but I am in a similar position with Aer Lingus. I was unlucky enough to be caught up in the snow situation in Dublin, followed then by the ATC strike over Spain a couple of days later, so got a double whammy!!! The pilot of our plane, which we had been sat on for two hours, very candidly admitted that we were one of the flights likely to be cancelled that day, as in his words, if they took off for Lanzarote, they wouldn't be able to get back due to the crew being over their working hours. When we eventually boarded two days later, we were then diverted to Gran Canaria. In both cases there was confusion, misinformation, and complete lack of customer care from Aer Lingus, which is what I based my complaint letter on.
I have now received a letter from Aer Lingus requesting bank account details and I am hoping for a good outcome in this!
If it's any help I managed to get my "complaint" onto one page of A4 (just!), I bullet pointed the relevant details, kept my anger and frustration out of the letter, and set out exactly how much I was claiming which was purely for the accommodation and food.
I have now received a letter from Aer Lingus requesting bank account details and I am hoping for a good outcome in this!
If it's any help I managed to get my "complaint" onto one page of A4 (just!), I bullet pointed the relevant details, kept my anger and frustration out of the letter, and set out exactly how much I was claiming which was purely for the accommodation and food.
Not sure if this is the correct place to post, as CM hasn't been back on here, but I have good news in a letter from Aer Lingus today to say they are refunding everything I requested, and the amount will show in my next bank statement. Well done Aer Lingus, no fuss, no argument 
I hope you get the same response CM
I hope you get the same response CM
Well done, madsue. As for us: the suitcase was replaced but no squeak on the hotel or food bills nor the €250pp 261/2004 compensation money. So the necessary wait time has passed and I've submitted the EC 261/2004 form to the Civil Aviation Authority who replied to say "will take up to 20 weeks to process a response". I do not hold my breath as we know the CAA swung the lead in December. As for TOM, letter prepared to notify them that legal stuff is going to follow, they'll have 10 working days to fess up or justify any nebulous "extraordinary circumstances" before it goes small claims track (which can mean more months to wait).
Sorry to hear you are having no luck with your claim 
I didn't ask for any compensation money, only for the money back for accommodation and food, so maybe that is why they settled so readily?
I didn't ask for any compensation money, only for the money back for accommodation and food, so maybe that is why they settled so readily?
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