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Hi,
TUI cancelled both flights for a package holiday back in June 2022 from Manchester to Tenerife.
TUI have paid out for the outbound flight but the inbound flight have not and hence I took them to aviation ADR back in October of last yearThey have now submitted the defence which states “Compensation with respect to the Flight
5. For the reasons explained below, TUI denies liability for Flight Delay Compensation with respect to the
Flight. This is on the basis that the Claimant was a package holiday customer with TUI and on 1st June
2022, the Preceding Flight was cancelled and subsequently, their package holiday was also cancelled.6. Given that the Flight was cancelled as a direct result of the cancellation of the package, therefore
rendering this claim outside the scope of the AviationADR Scheme Rules (the Scheme Rules).7. Taking the above into consideration, this claim is out of scope of the Regulation, recital 16 of which states
that “in cases where a package tour is cancelled for reasons other than the flight being cancelled, this
Regulation should not apply”.8. To elaborate further, the Claimants’ package holiday was cancelled due to the necessity of cancelling the
Preceding Flight, not the Flight claimed. Therefore, the package booking was not cancelled due to the
Flight being cancelled and as such, the Claimants’ claim is out of scope of the Regulation.9. Furthermore, Article 1.1.3 of the Scheme Rules requires that disputes under the Scheme are “dispute
stemming from aviation services contracts”. TUI Airways is one of the airlines of TUI AG (known as the
“TUI Group”), one of the world’s largest travel, tourism and leisure businesses. It primarily provides the
air travel component of package holidays for customers of TUI UK Limited (TUI UK), and other UK-based
TUI brands. TUI Airways, TUI UK and TUI AG, along with numerous other TUI entities, are separate
companies and legal personalities. TUI Airways is the only TUI business which subscribes to the Scheme
and is the only TUI business entering into the aviation services contracts referred to in article 1.1.3. TUI
Airways does not sell, provide, operate, or indeed cancel, TUI-branded holidays. TUI Airways is therefore
not the correct respondent for any matters arising out of the cancellation of the Claimants package holiday
booking, including the subsequent cancellation of the Flight.10. Conversely, TUI UK is not an airline, and does not itself provide aviation services and does not subscribe
to the Scheme and cannot be made party to any claims made under the Scheme. The Scheme is therefore
the incorrect forum for such matters. TUI companies do take these matters seriously, and nothing herein
prevents the Claimants from obtaining a resolution from TUI UK. However, TUI Airways is not in a position
to effect this directly, nor is this firm instructed by TUI UK in this matter.
11. For the above reasons, this claim must now be dismissed.”The flight on the way back was cancelled by TUI it was TOM2777 on the 13th June 2022 but I cannot seem to find a screenshot I took of this.
Does anyone have any advise please?Did TUI Airways pay compensation for the MAN-TFS flight cancellation?
How many days notice did you get that the TFS-MAN flight would be cancelled?
Did TUI Airways pay compensation for the MAN-TFS flight cancellation?
How many days notice did you get that the TFS-MAN flight would be cancelled?
They did pay out for the Manchester to Tenerife flight with no issue.
Both flights were cancelled with less then 14 days notice if I remember correctly it was 10 saysYou need to be certain of the date they were cancelled…
You need to be certain of the date they were cancelled…
The email from TUI cancelling the flights arrived into my inbox on the
01 June 2022 at 02:21Was the flight TOM2777 cancelled by TUI Airways or was your booking on a TFS-MAN flight cancelled by the tour operator TUI UK?
If TUI Airways, the operating air carrier, cancelled the flight, do you have an e mail from TUI Airways refusing UK261 compensation?
Was the flight TOM2777 cancelled by TUI Airways or was your booking on a TFS-MAN flight cancelled by the tour operator TUI UK?
If TUI Airways, the operating air carrier, cancelled the flight, do you have an e mail from TUI Airways refusing UK261 compensation?
The holiday was cancelled but both flights were also cancelled. This was due to the disruption TUI had at Manchester.
I do have an email of tui refusing EU261 as they couldn’t find the flight despite providing evidence of this they were not willing to respond to emails hence why I sent to Aviation ADR
This is the email from TUI
Dear
Thank you for taking the time to get in touch with us regarding your flight delay.
Unfortunately, we are unable to locate flight TOM2777 on 13/06/2022 between TFS and MAN.
We may be unable to locate your flight in our system for a number of reasons.
Please ensure you have checked the following information:
• Your flight number / route / date must match your booking confirmation.
• Our flights can take up to 48 hours (from when the aircraft arrives at its destination) to be available in the system. If the above details are correct, please resubmit your claim form once this period has passed.
• You should claim for the correct part of your journey – if you are delayed on your return flight, you must enter the flight details of the return journey.
• If your flight was diverted, please ensure your original scheduled route is included on your claim form.
• We only hold details of any flights that are delayed by more than 3 hours (as per the Air Passenger Rights Rules). If your flight was not delayed in excess of 3 hours upon arrival, we will be unable to locate the flight in our system. As per the Air Passenger Rights Rules, a flight must be delayed by more than 3 hours due to non-extraordinary reasons for compensation to be paid.
• Please also ensure that your flight was operated by TUI. You can check this by looking at the flight number on your booking confirmation. If it begins with “TOM” or “BY” it was operated by TUI. To claim compensation under this legislation, you must claim through the airline that operated the flight, even if your holiday was booked through TUI.
Please note if your flight was cancelled and did not depart, then you should have received contact from us around next steps. Claims regarding cancelled flights are not handled through this system and will not be recognised.
For further information regarding the Air Passenger Rights Rules and your eligibility, please visit our website for more information here.
Once again, thank you again for contacting us.
An update on the Aviation ADR claim TUI defended it stating that they did cancel both flights within 14 days of departure but we were not entitled to compensation for both (only for the outbound) as it was a holiday.
Aviation ADR took around 100 days to deliberate but have now confirmed that we are entitled to compensation for both flights and TUI need to pay the full compensation within 30 days it took 18 months but it shows that when you know your rights it is worth to hold out and keep pushing!
Well done for persisting. There is actually text in EU261 (that will also be in the UK version as currently it’s a direct copy of the original EU text) that states the rights so far as flights would be concerned still apply to flights within holiday packages. This would be in addition to the other rights many countries such as the UK, and Germany where Tui is based, give additionally for holiday packages.
Tui will know this better than you and yet they tried to deny you. Go figure.
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