Crystal Ski flight delayed for 24hrs, company denies any responsibility

[archiewood]

Hi all, just after a little advice re an ongoing spat with the above.

 

We purchased a ski package from them - flights and 6 days of accommodation, ski lessons, hire and lift passes.

 

Our flight diverted to Munich with engine problems, so we arrived a day late. When we asked about getting our lift passes adjusted to account for the fact we arrived a day late (our transfer leaves so late on our last day that the is almost time for a full day's skiing before it leaves) we were fobbed off with reasons of "policy", which were repeated when we challenged our rep and his manager.

 

They said that because it was an unusual event we should claim the cost back from our insurance,and also that their contract with their suppliers precludes them from purchasing individual days of lift passes and ski hire.

 

Our view is it's not an insurance issue at all, that we purchased a whole package from them, so it's their responsibility to provide it. Any actions that they take to recover this cost from their suppliers are no concern of ours, and that in any case, a refund back in the UK won't help us ski in Borovets!

 

Our insurance covers us for inconvenience resulting from delays, but the wording doesn't say anything about costs resulting from delays.

 

Anyone? Am I correct that it's the company's responsibility to provide what we've purchased? Thanks.

Edited February 1, 2014 by archiewood

[Conniff]

Engine problems are not classed as 'unusual event', or how it is properly termed, ‘extraordinary circumstances’. However, the former only applies if the problem could have been picked up at maintenance or service.

 

 

You will have to get a report on what that engine problem was.

[FairWorldCitizen]

archiewood, I understand that Crystal Ski is the company that you purchased a holiday package from. Who was operating the flight?

[archiewood]

Thomson were operating the flight - they and Crystal Ski are both part of TUI Travel. Therefore my understanding is that Crystal were responsible for the package in its entirety.

 

Just to be clear though, we're not interested in being compensated for the delay, but for the cost of the ski hire and lift passes for the sixth day of the holiday, which we had paid for but CS refused to provide, saying it was "impossible" to change the arrangements they had pre-booked with their suppliers before the delay had occurred.

 

Conniff - we received a letter stating that the delay was due to crew sickness, which occurred after the aircraft had landed and been declared serviceable (another crew had to be flown from the UK).

[FairWorldCitizen]

You purchased a package from Crystal Ski and you didn't get what you paid for. This is demonstrable by the record of the flight delay and the response from Crystal Ski which also confirms that you couldn't get the first day of skiing.

 

The reason for the flight delay isn't your fault, isn't Crystal Ski's fault and is supposed not to be Thomson's fault (but is it true since you have been told 2 different stories?). So Crystal Ski should use their insurance.... which in fact isn't your problem, you just didn't receive the holiday package in full so you expect a partial refund.

 

Therefore unless there was any small line included in the documentation you signed (and provided these small lines would be legally acceptable), you should claim a partial refund from them.

 

Nowadays it's awful that whenever you purchase a service, the service provider 'suggests' you to take an insurance to cover their own service.... That's to say, an insurance to cover the risk that they don't provide the service. Crazy. For the customer, an insurance is supposed to be a complementary protection, taking care of risks which are outside the service contract.

[Conniff]

If this was a complete package then the agency it was bought from is responsible.

[archiewood]

That was my understanding too Conniff, thanks. It didn't take long to find the section in the Package Tour Regulations (and the company's own Terms and Conditions!) that cover this area.

[Cityboy62]

If your flight was delayed in arriving at its destination (airport) by more than 3 hours you are entitled to compensation under EC261/2004 from the operating airline (Thomson Airways). The airline will not pay out for your losses in resort and you will indeed have to rely on the package tour regs for these.

 

The airline has little defence under precedent case law to a claim if the reason for the delay was either due to crew sickness or to technical issues with the aircraft but you may well have to issue a legal claim in the small claims track before they settle or you go to a hearing.