If you have to wait at the airport, you have a right to care.
Mostly that means free food and free hotel accommodation.
If your TUI flight is delayed, cancelled, or changed last-minute, TUI is responsible for taking care of you. If you have to wait for 3 or more hours, TUI must provide you with free meals and drinks that are reasonable in relation to the waiting time. If the delay lasts overnight, TUI must provide free hotel accommodation.
Right to Care From TUI
In the EU and the UK, you have a right to care.
You have a right to care if you are traveling with an airline registered in the EU or the UK.
In case of TUI, it applies to most of its flights to and from the EU and the UK.
It’s all possible thanks to Regulation (EC) No 261/2004 and Regulation UK261.
Short Delays (3+ hours)
You can get: food and drinks.
Are you experiencing a short delay?
TUI is obligated to provide you with free meals, drinks, and communication services such as phone calls, emails, or faxes in the form of coupons if there is a minor delay during the day.
Long Delays (overnight)
You can get: food, drinks, accommodation and transfer.
If your new flight is scheduled for the next day, TUI should provide you with free hotel stay and free transfer to that hotel. If you haven’t offered anything, please contact TUI.
How to Get Complimentary Meals and Hotel Stay?
If your wait at the airport due to a delay extends to a substantial length, TUI is committed to providing you with free food, hotel stay, and airport transfer. You don’t need to explicitly ask for these; they should be presented to you while you’re waiting.
If these amenities are not provided, it’s advisable to seek out the TUI customer service desk and ask about them. European law mandates the airline to provide these amenities free of charge for qualifying delays.
In the unlikely scenario that the airline does not provide these services, it may be necessary for you to arrange them on your own. Retain all your receipts and proof of purchases related to meals, beverages, transfers, and hotel lodging. Afterward, you can file a reimbursement request with TUI, outlining your expenses incurred during the delay. Make sure you provide all the necessary information to expedite the reimbursement process.
Extraordinary Circumstances
To start, let’s define what extraordinary circumstances are.
What Are Extraordinary Circumstances?
Extraordinary circumstances are instances that are not within the airline’s control which result in delays, cancellations, or changes in flights. These can include extreme weather, labor strikes not related to the airline, security threats, political unrest, or hidden technical issues with the airplane that compromise the flight’s safety.
During such situations, even though passengers may be inconvenienced, the airline is not required to offer compensation as these are exempted under Regulation (EC) No 261/2004. However, the right to care, as discussed earlier, still stands.
These ARE NOT extraordinary circumstances:
- Technical problems with an aircraft,
- Staff shortage / missing crew,
- Missing airplane
- TUI staff strikes
Are Technical Problems Deemed as Extraordinary Circumstances?
Technical issues are generally not seen as extraordinary circumstances as per the Regulation (EC) No 261/2004. This regulation clearly states that technical problems arising from the airline’s normal operations do not qualify as extraordinary since they are within the airline’s control.
These problems can include regular maintenance or minor repairs. Such issues are part of the airline’s regular duties and cannot serve as justifications for not giving compensation or care to passengers.
However, if the issue is a hidden manufacturing defect that threatens the safety of the flight, it may be considered an extraordinary circumstance. This is because these situations are uncommon, immediately jeopardize the safe operation of the aircraft, and fall outside the scope of the airline’s usual technical operations.
Right to Care during Extraordinary Circumstances
Passengers maintain their right to care even during extraordinary circumstances.
Though TUI may not be required to compensate for delays or cancellations caused by circumstances beyond their control, they are still committed to ensuring your comfort during the waiting period. This includes providing meals, refreshments, and, in case of substantial delays, accommodation.
The same rule applies with regards to offering an alternative travel option if the flight gets cancelled – you have a right to it. Even when a flight is cancelled due to extraordinary circumstances.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Right to Care: FAQ
In this section, we will address some of the most commonly asked questions about passengers’ right to care during flight delays and cancellations with TUI.
What Is the Right to Care?
The right to care refers to the obligations airlines have towards their passengers in case of flight delays, overbooking and flight cancellations. Under European law, airlines are required to ensure passengers’ comfort during these circumstances, which includes providing free meals, refreshments, and accommodation in the case of significant delays.
How Do I Get My “Right to Care” If My Flight Is Delayed?
If your flight is delayed by 3 hours or more, TUI should automatically provide you with amenities such as free meals and refreshments, and necessary accommodation in the case of overnight delays.
If these services are not offered, approach the TUI customer service counter at the airport to inquire about them. Alternatively, you can personally cover the cost of these services and then file a claim for reimbursement at a later time. The sooner you do the latter, the better.
Do I Have the Right to Care If My Flight Is Cancelled?
Yes, if your flight is cancelled, you are entitled to the right to care.
This means TUI is required to provide you with meals, refreshments, and accommodation (if necessary), as well as an alternative method of transportation to your destination. If the cancellation is due to the airline’s fault, you also have a right to flight cancellation compensation.
Are Extraordinary Circumstances an Exception to the Right to Care?
No, even in the event of extraordinary circumstances, which are situations beyond the control of the airline, the right to care still applies.
This means that even if your flight is delayed or cancelled due to severe weather conditions, security risks, or nationwide labor strikes, you are still entitled to free meals, refreshments, and accommodation (if necessary).
How Do I Request Reimbursement If I Had to Arrange for My Accommodation and Meals?
If you had to arrange for your meals, accommodation, or airport transfers due to TUI’s failure to do so, keep all receipts and proof of purchase. You can submit these, along with a detailed account of your expenses during the delay, to TUI for reimbursement.
Please note that this policy only applies to essential expenses, not anything else. Don’t expect to spend large sums on extravagant meals and get reimbursement from the airline.
Does the Right to Care Apply to All TUI Flights?
The right to care applies to all TUI flights to and from Europe.
Since TUI is an EU airline, the right to care under Regulation (EC) No 261/2004 applies to all of its flights both departing from and arriving in Europe. However, it’s crucial to note that with non-European airlines, this regulation only applies to flights that are departing from Europe. Flights on non-European airlines that are arriving in Europe from other parts of the world are not covered under this European law.
Does All Of This Apply Only to Europeans?
No, the right to care applies to all passengers on TUI flights regardless of their nationality.
The laws that give passengers the right to care are Regulation (EC) No 261/2004 and Regulation UK261, which were created by the European Union and UK government. These regulations state that any airline operating in Europe must provide care and compensation for affected passengers when applicable. This means that the right to care applies to all passengers on TUI flights, regardless of their nationality.
The only exception is in the case of non-European airlines, where this regulation applies only to flights departing from Europe and not those arriving in Europe from other parts of the world.