Why has TUI rejected our compensation claim?

Have a question? Ask our expert Simon Calder

A three-hour delay on Janet’s flight to Malaga would warrant a payout (iStock)

Q On 9 December my husband and I were flying on TUI from Gatwick for Malaga. The flight was due to depart at 3.50pm but in the end was over three hours late leaving and arriving. The pilot said the cause of the delay was technical failure in Lapland and that TUI had to fly an empty plane from Bournemouth to Gatwick. We then flew on that plane to Malaga.

TUI claims we are not entitled to compensation as the delay was less than three hours. I believe that TUI have deliberately manipulated flying times so as to avoid paying compensation. I should be grateful for your advice before taking legal action.

Janet C

A The crucial condition for €400 (£350) per person compensation on a flight of this distance is: did the flight arrive at its destination three hours or more behind schedule? (“Arrival”, incidentally, is defined as being on the stand with at least one passenger door open.)

I have seen all the paperwork related to this. TUI rejected your claim saying the flight was due to arrive at 7.15pm GMT whereas the actual time of arrival was 9.56pm GMT (Greenwich Mean Time). “This flight was delayed 2 hours 41 minutes,” says the airline. “We again reject your claim for compensation. This will remain our final decision regarding the outcome to this claim.”

You sent me the original booking, which showed a planned arrival time of 6.40pm GMT – which clearly would have triggered a payment.

But TUI has now supplied me with a copy of the flight ticket that shows that three weeks before the flight the planned time was moved 35 minutes later. This is quite a common event with charter flights.

The company says that while the flight “was unfortunately delayed on the day there is no compensation due under the EU Regulations as it was less than a three-hour delay”.

Your experience shows how arbitrary the European air passengers’ rights rules are. You get nothing for the delay, but had it been just 19 minutes later then you and everyone else on the plane would be entitled to around £350, costing TUI over £60,000 if everyone had claimed.

Every day our travel correspondent Simon Calder tackles a reader’s question. Just email yours to s@hols.tv or tweet @simoncalder