Interestingly, I received another copy of this letter with some different wording this morning no prizez for guessing which sentence is missing!), dated 16th May but postmarked 29th May. I can smell an attempt to retract an error by TUI - this can only mean that they regret sending me the original letter!

Letter by Post IMPORTANT FOR CLAIMS

There was a letter waiting on my doormat yesterday which contains a little sentence in the 3rd paragraph RE the rescue flight diversion that should ensure any compensation claim's success and dismiss any argument that they may have on whether the delay was their fault! Picture below. I have, for obvious reasons removed my home address from the picture!

Revised delay confirmation letter from Thomson for insurance / compensation claim, Flight TOM4483,  Thomson Airways Complaint, Thomson, TUI, Thomson Airlines, TOM4483,

Extra Customer service number

Following my dismissal in my last correspondence with Angela Harding, I called their head office to check that their shops were part of the TUI group and not independent franchises (I'm going to picket them if this goes south....). The lady was quite helpful and gave me a number for the After Travel Director's Office. This is 0800 009 3853 and as this is not widely available, should anyone want to call them, I think that this is a good number to go to if you don't have any luck through the advertised channels.

More correspondence following my last letter

From Angela Harding today:

Dear Mr Skegg,

Thank you for your further contact. I was sorry to read that you remain dissatisfied with the previous response as we do try to deal fairly and appropriately with all matters brought to our attention. I am sorry if you felt some of the information was incorrect as this has been collated from information provided by our Overseas Team and Operations Centre. Please allow me to address the further points which you have raised. 

The welfare offered regarding food and drinks was over and above the guidelines provided by the Civil Aviation Authority and our company delay welfare procedures. Depending on airport facilities, we provide light refreshments for a delay of 2-4 hours, a meal or vouchers for a meal - for 4-8 hours, overnight accommodation 8-12 hours if it's necessary and possible. You will find this information in the A-Z Guide at the back of the brochure. 

We have provided you with the opportunity to get refreshments at the start of the delay, snacks and drinks on arrival at the accommodation - via the all-inclusive facility - and an evening meal at the accommodation and also a drink and croissant for breakfast the following morning. We would generally not provide welfare on an all-inclusive basis however, on this occasion, this was arranged in order to make you as comfortable as possible. Between 11pm and 8.00am we would not be obligated to provide you with any food or drinks. For breakfast we provided the handling agents with £5.00 per person with the instruction to provide a drink and a snack. I am sorry if you feel the welfare offered was below your expectations. 

During this time we would provide as much support and information as possible. This may not mean that a representative will be with you throughout the whole delay period, but we will keep you updated when we can. We do have the 24-7 Holidayline and I understand that a fax was sent to the accommodation with relevant information. When the Representatives are present it may be that they have no further information or updates to share and are just there to reassure customers. I am sorry that you felt the Holiday Advisor and Airport representative was unhelpful. 


In the event of a flight delay we have to consider all passengers affected, even those that will be affected as a knock-on effect, by disruption within the fleet. We will, therefore, operate the flight at the earliest opportunity that will cause the least disruption to our customers as a whole. 


With regards to the flight steps and baggage handlers, they will prioritise scheduled flights, but it is not necessary to book this service as an airline as they will be aware of incoming flights. I can only apologise for any incorrect information provided to you at the airport.


I can only apologise that you remain disappointed with the service offered. I am sorry that I am unable to give you further clarification or break down of the delay. I do appreciate that this may not be the outcome that you are looking for. Should you require any further information or to pursue the matter further then it is now at your discretion to proceed as you deem appropriate though a third party. However, I hope that I have been able to clarify the further points raised.


Yours sincerely,


Angela Harding
Investigations Team
Customer Support Team Manager
After Travel Customer Support
Tel 0844 871 0882

I've highlighted in green what I agree with, in red, the things I don't and I've written in red my responses.

Dear Mr Skegg,

Thank you for speaking with me regarding your holiday to Mallorca. I am sorry to read that you were unhappy with the service provided on the return journey during a flight delay. I understand that this would have been an extremely frustrating and disappointing way to end an otherwise enjoyable holiday. 

Delays can happen to airlines from time to time and I appreciate that the way that a flight delay is handled can be equally as frustrating as the delay itself so I am extremely sorry that, on this occasion, you felt that the delay was not handled adequately. I have been in touch with the Thomson Airport Manager in Mallorca to discuss this matter further as well as our Operations Centre in the UK and the Base Management Team at Gatwick Airport for further information regarding the flight and welfare information and delay to flight TOM4483, Palma to Gatwick, on 15th May 2014. 

I am sure that you appreciate that when the status of the flight is constantly changing information is changing too. As it is important to communicate timely and accurate information we will generally issue updates at set and regular intervals rather than every time information changes as, in the event of this particular delay, information was changing all the time. Generally we would rely on the handling agents to provide information airside, due to security restrictions. However, I understand that updates were given to you and accommodation was provided as soon as it was obvious that this delay was longer than first expected. From our records I can see that the welfare offered was in accordance with the guidelines of the Civil Aviation Authority at this time Initial welfare provided was adequate until 01:45  and throughout the delay I am sorry that you felt that this was inadequate.  CAA regulations state that you provide ‘A reasonable amount of food and drink’ .  As nothing in respect of refreshments were provided from 23:00 on 15^th May until 08:20 on 16^th May, despite all passengers being collected and deposited at the airport at 01:45, I dispute your analysis of the situation and Thomson’s fulfillment of it’s obligations. As a company that prides itself on customer service, this is disappointing to hear. 

In the event of any unexpected delay, staff, accommodation and welfare must be provided at short notice and I can see that everything was done to make you as comfortable as possible until 01:45 throughout the delay so I can only apologise that this fell short of your expectations. 

I am sorry that you were informed that you would be met by a Holiday Advisor at the Hotel Belvedere and kept updated throughout your time there. The information which you were provided regarding the staff was correct, the majority of the Mallorca team do take a day off on this day as Wednesday is our quietest flight day and therefore minimal welcome meetings to be held on the Thursday. Staff members therefore had to be sourced at short notice. I am sorry for any upset or inconvenience caused. 

 
As soon as members of the team were available they were sent to the hotel to assist. They arrived at 20.00 the Belvedere rep arrived at 20:00 who did not know anything about our situation. The reps sent to deal with our plight (one called Nicola Bird, one called Anna) arrived a little after 21:00 and were available in the hotel until midnight to answer any questions. Before this, as soon as further information was available, a fax was sent to the hotel, at 18.45 with updated information and you were provided with rooms. The 24-7 Holidayline were also on hand to answer any questions who were ill-informed as to our plight and cost me over £20 in phone calls to contact and to provide up to date information. I can only apologise if you felt you were left without assistance. 

Food and drinks were provided on an all-inclusive basis and rooms were provided for rest. Until 23:00, no breakfast or morning refreshments were available before departure Transfers were then arranged to take you back to the airport. In line with the information provided by the Operations Centre, a Dreamliner was attempted to be sourced however, this was not possible.I It was then necessary for you to check-in again at the airport, for security reasons. An alternative flight was sourced at the earliest opportunity. If the flight had been sent at the earliest available opportunity, it would not have been diverted to Luton to collect spare engine parts to repair the grounded original aircraft.  I understand at this point our representatives Anna and Nicola did offer customers water and milk for children. At no point was I offered milk for my daughter or water for myself or my family. I would have gratefully received this.

Our airport team were in the airport until 05:15 and were in communication with Iberia who were responsible for customers airside, I do not believe that this was the case, however attempting to pass responsibility to your subcontractor is inadequate. If you contract them, they are representing your business and simply because they are not directly employed, this does not absolve TUI of responsibility for their inaction. and when instruction was given the Iberia team were informed to offer a further five euro welfare voucher to customers towards a drink and a snack. At no point were we issued a 5 euro voucher. At 08:20, a café issued the lucky few with a croissant and hot coffee (no option for juniors). I took a coffee as I had been informed that we would be issued with a drink and snack on board the aeroplane by your 24/7 line. Our team were back in the airport at 07:00am when the new shift started. However, due to security restrictions, these team members were not available in the departure lounge, airside. There are also drinks machines available in the departure area for customers to use when shops and cafes are not open. I located one water machine which was taking correct change only at 1 euro 70 cents. Very few people, myself included, had any change available The safety and security of our customers is paramount so it is disappointing to hear that in this instance you felt that the assistance was inadequate. In light of my comments in this section, I would invite you to re-address this statement.

I understand that information about the delay has been provided to you in a letter, for insurance purposes. As a company we would not compensate for flight delays, however, this letter provides all the necessary information for pursuing a claim through your insurance company. The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case seems to conflict with this statement I am unable to share with you the flight logs you have requested. I They contain sensitive business critical information and are for internal use only. However, these may be requested legally. It seems depressing that I would have to request these legally, please can you supply a sterilized version, I appreciate that there may be some sensitive information there and a simple breakdown of events would be adequate.

Baggage handlers deal with any aircraft as quickly as possible, however due to a number of factors such as delays, diversions, weather, handling issues at other airports, at an airport such as Gatwick they cannot be guaranteed what aircraft lands when. Because your flight was delayed and therefore at an unscheduled time, this may not have been given priority by the handlers, however, they were aware of your arrival and this is outside our control as a company. The Gatwick airport baggage team categorically confirmed that the baggage collection had not been booked and this was the fault of Thomson. The Swissport representative confirmed this on questioning. I therefore cannot accept your explanation As discussed, due to security reasons, we are unable to employ staff within any UK airport so I can only apologise that you felt information was lacking. I have ensured that your feedback has been passed on to the Base management team at London Gatwick Airport. 

I am sorry that you felt the service during your return and post travel has been insufficient and that this has marred the end of holiday. It has ruined the my holiday, I have spoken about this more than any of the nice bits. I do hope that I have been able to offer a further explanation into our procedures. We would not offer compensation for a flight delay of this kind and the assistance that was offered was in line with CAA guidelines This is not, as I have previously pointed out, the case. so I am sorry that you felt the service and welfare was inadequate. 

Yours sincerely,

Angela Harding
Investigations Team Manager
After Travel Customer Support
Tel: 0844 871 0882

Following a general expression of dissatisfaction to Angela yesterday via one of her colleagues, I have received a voicemail saying that she will look into the matter further today. I got the impression that they might be getting the idea...

21/05/2014

A very disappointing response following my calls from Angela Harding. I would suggest that anyone wishing to call aftercare ask for her directly. Poor Laura has also heard so much about our case, she is probably bored with the sound of my voice....

Dear Mr Skegg,

Thank you for speaking with me regarding your holiday to Mallorca. I am sorry to read that you were unhappy with the service provided on the return journey during a flight delay. I understand that this would have been an extremely frustrating and disappointing way to end an otherwise enjoyable holiday. 

Delays can happen to airlines from time to time and I appreciate that the way that a flight delay is handled can be equally as frustrating as the delay itself so I am extremely sorry that, on this occasion, you felt that the delay was not handled adequately. 

I have been in touch with the Thomson Airport Manager in Mallorca to discuss this matter further as well as our Operations Centre in the UK and the Base Management Team at Gatwick Airport for further information regarding the flight and welfare information and delay to flight TOM4483, Palma to Gatwick, on 15th May 2014. 

I am sure that you appreciate that when the status of the flight is constantly changing information is changing too. As it is important to communicate timely and accurate information we will generally issue updates at set and regular intervals rather than every time information changes as, in the event of this particular delay, information was changing all the time. Generally we would rely on the handling agents to provide information airside, due to security restrictions. However, I understand that updates were given to you and accommodation was provided as soon as it was obvious that this delay was longer than first expected. 

From our records I can see that the welfare offered was in accordance with the guidelines of the Civil Aviation Authority at this time and throughout the delay I am sorry that you felt that this was inadequate. As a company that prides itself on customer service, this is disappointing to hear.  

 In the event of any unexpected delay, staff, accommodation and welfare must be provided at short notice and I can see that everything was done to make you as comfortable as possible throughout the delay so I can only apologise that this fell short of your expectations. 

I am sorry that you were informed that you would be met by a Holiday Advisor at the Hotel Belvedere and kept updated throughout your time there. The information which you were provided regarding the staff was correct, the majority of the Mallorca team do take a day off on this day as Wednesday is our quietest flight day and therefore minimal welcome meetings to be held on the Thursday. Staff members therefore had to be sourced at short notice. I am sorry for any upset or inconvenience caused. 

As soon as members of the team were available they were sent to the hotel to assist. They arrived at 20.00 and were available in the hotel until midnight to answer any questions. Before this, as soon as further information was available, a fax was sent to the hotel, at 18.45 with updated information and you were provided with rooms. The 24-7 Holidayline were also on hand to answer any questions and to provide up to date information. I can only apologise if you felt you were left without assistance.  

 Food and drinks were provided on an all-inclusive basis and rooms were provided for rest. Transfers were then arranged to take you back to the airport. In line with the information provided by the Operations Centre, a Dreamliner was attempted to be sourced however, this was not possible. It was then necessary for you to check-in again at the airport, for security reasons. An alternative flight was sourced at the earliest opportunity. I understand at this point our representatives Anna and Nicola did offer customers water and milk for children. 

Our airport team were in the airport until 05:15 and were in communication with Iberia who were responsible for customers airside, and when instruction was given the Iberia team were informed to offer a further five euro welfare voucher to customers towards a drink and a snack. Our team were back in the airport at 07:00am when the new shift started. However, due to security restrictions, these team members were not available in the departure lounge, airside. There are also drinks machines available in the departure area for customers to use when shops and cafes are not open. The safety and security of our customers is paramount so it is disappointing to hear that in this instance you felt that the assistance was inadequate. 

I understand that information about the delay has been provided to you in a letter, for insurance purposes. As a company we would not compensate for flight delays, however, this letter provides all the necessary information for pursuing a claim through your insurance company. I am unable to share with you the flight logs you have requested. They contain sensitive business critical information and are for internal use only. However, these may be requested legally. 

Baggage handlers deal with any aircraft as quickly as possible, however due to a number of factors such as delays, diversions, weather, handling issues at other airports, at an airport such as Gatwick they cannot be guaranteed what aircraft lands when. Because your flight was delayed and therefore at an unscheduled time, this may not have been given priority by the handlers, however, they were aware of your arrival and this is outside our control as a company. As discussed, due to security reasons, we are unable to employ staff within any UK airport so I can only apologise that you felt information was lacking. 

I have ensured that your feedback has been passed on to the Base management team at London Gatwick Airport. 

I am sorry that you felt the service during your return and post travel has been insufficient and that this has marred the end of holiday. I do hope that I have been able to offer a further explanation into our procedures. We would not offer compensation for a flight delay of this kind and the assistance that was offered was in line with CAA guidelines so I am sorry that you felt the service and welfare was inadequate.  

Yours sincerely, 

Angela Harding
Investigations Team Manager 

After Travel Customer Support 

Tel: 0844 871 0882