Other European Frequent Flyer Programs - TUIfly - cancelled flight - compensation?

My friend bought a ticket to Cabo Verde on L'tur website. That was very good deal (128eur rt for MUC-BVC-SID-DUS). Carrier: TUIfly (HF).

Flight has been cancelled, they called my friend 22h before departure time. The offered other connection but after 3 days which wasn't good for my friend so he refused and they said that will give the money back within 14 days.

There is EU regulation about cancelled flights, if it's less than 7 days before departure there should be a compensation given which is 400eur. But do you think there is a chance to force them to pay?

To ask for compensation, should we head to L'tur or directly to the TUIfly?

I have no experience with TuiFly but I can't see any reason why there should be a problem. It seems a straightforward open and shut book case of application of Reg 261/2004. The only kink there could be is if they argue that the cancellation was due to extraordinary circumstances outside their control but that does not seem to be the case here and, if it is, the onus is on them to establish that.

Unless I am mistaken the length of the flight is longer than 3500km and, therefore, the amount due would be €600 rather than €400 (in addition to the reimbursement of the cost of the flight). The liability under the Regulation is put on the carrier so I would write to TuiFly customer relations and ask them for the €600.

Incidentally, under the Reg, they have a duty to reimburse within 7 days (see Art 8(1)(a)) so it is rather naughty of them to promise reimbursement within 14 days rather than 7.

If they don't comply with their obligations, it should be a pretty straightforward case to bring to court. Presumably there is some sort of small claims court in Germany to handle this kind of simple consumer case?

If your friend really can't be bothered with pursuing it himself, there is a company that can do that for him (euclaim.de (www.euclaim.de)) but they will charge a hefty 27% of the money owed to him under the Regulation for their services.

Alternatively, he can seek assistance (for free) from the Luftfahrt Bundesamt (which is the German enforcement body for Reg 261/2004). Their website (http://www.lba.de/cln_010/nn_307258/DE/Buerger__Service/Fluggastrechte/Annullierung_2C_20Versp_C3_A4tung_2C_20Nichtbef_C3 _B6rderung/Uebersicht__Fluggastrechte.html) provides guidance as to entitlements and a form to fill-in if you want them to intervene.

careful: I have certain doubts because l'tour offers packaged tours. I remember I got a flight and some useless hotel voucher. If so, your contractual counterpart would not be the airline but the tour operator.

careful: I have certain doubts because l'tour offers packaged tours. I remember I got a flight and some useless hotel voucher. If so, your contractual counterpart would not be the airline but the tour operator.

It was just the flight and free Rail&Fly train ticket. No hotel vouchers.

It was just the flight and free Rail&Fly train ticket. No hotel vouchers.

This fuels my theory. It was not a "free" ticket but you bought a package of a flight and a train ticket. Normally, Rail&Fly is not "free" but costs 25 Euro o/w on TUIfly. Make your claim and see what they answer. I have some feeling that this will be the TUIfly argument....

This fuels my theory. It was not a "free" ticket but you bought a package of a flight and a train ticket. Normally, Rail&Fly is not "free" but costs 25 Euro o/w on TUIfly. Make your claim and see what they answer. I have some feeling that this will be the TUIfly argument....

I agree. Also, doesn't HF sell both charter and regularly scheduled seats on their flights? In this case, your friend might have purchased a charter seat where, to my understanding, rules are different.