Reply To: Cloudstrike IT Issues – Extraordinary Circumstance for UK261?

[points_worrier]

In my mind it should not be extraordinary if it is issues with TUI’s IT system, or those they are subcontracting to do a job they should be doing.
If it is the IT systems of the air traffic control, other airports etc., then I would call it exceptional, and certainly beyond TUI’s control. Because of the widespread nature, and the strong likelihood that delays were caused by others’ systems (who were not simply subcontracting for TUI), I feel it will be highly likely the situation was an ‘exceptional’ one. There might be specific and individual circumstances for specific flights you are able to argue were TUI’s fault and therefore not exceptional, but this would be the minority if they exist.

Even if exceptional, you should be due re-routing or refund (your choice). If TUI are refusing to reroute you, and enforcing a refund, you can buy a flight under similar transport conditions, and claim the cost back. I strongly suspect you will be successful at this. If you are choosing the next available flight (rather than rerouting at your convenience/choice) you should get hotels/food between the time of the old flight until the re-routed flight leaves.