'Our holiday was ruined after my wife's wheelchair was damaged in transit – now our airline won't pay up'

Michael Millard writes

Last July we travelled to Aruba in the Caribbean on a package holiday provided by Tui flying on a Tui aircraft. My wife Susan uses a wheelchair, which travelled in the hold. It was taken from us at the aircraft door at London Gatwick and returned to us on disembarking the aircraft by handlers at Aruba airport.

Unfortunately it had been badly damaged in transit. The front tyre was shredded, the frame twisted, and the horseshoe guide slide missing.

We reported the damage at the airport’s baggage desk and obtained a Property Irregularity Report. The airport promised to provide a replacement chair within a few days. This did not materialise.

Without a wheelchair, my wife could not venture outside the hotel. It was only after 10 days that one of the reps finally secured a wheelchair from a neighbouring hotel.

We put in a claim to Tui for a replacement. A similar model costs £300. Tui has declined this claim. However, our travel insurer says Tui is responsible for compensating us.

Gill Charlton replies

Damage to wheelchairs stored in the hold is not unusual. Wheelchairs are often wedged into place using other baggage. If not tied down, lightweight, non-folding manual chairs are most likely to have their frames bent.

The UK’s Civil Aviation Authority confirmed that airlines are responsible for damage to wheelchairs once they accept them for carriage. Even if the damage is caused by airport baggage handlers, the airline must compensate the customer.

I asked Tui to review its decision not to pay Mrs Millard’s claim and was astonished when it continued to refuse, saying the fault lay with the airport baggage handlers.

I suggested that Mrs Millard take her case to Tui’s Alternative Dispute Resolution service, CEDR (cedr.com). These CAA-approved ADRs are adept at handling intransigent airlines.

Mrs Millard received a response from Tui via CEDR saying it was not liable for compensation because the flight had not been delayed for more than three hours.

After telling CEDR that this was a nonsensical response, Mrs Millard was told last month that an adjudicator had been appointed to her case.

Two weeks later she was finally told that Tui was liable for the damage to her chair and the company has now paid for a replacement chair.

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