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  • FIRST POST
    • KevinK
    • By KevinK 20th Jun 17, 8:07 PM
    • 37Posts
    • 0Thanks
    KevinK
    Stuck between a rock and a hard place...
    • #1
    • 20th Jun 17, 8:07 PM
    Stuck between a rock and a hard place... 20th Jun 17 at 8:07 PM
    I had a domestic flight back in January that was delayed for over 3 hours. The flight was with Aer Lingus but booked through Kiwi (third party booker). Over the last few months I've been bounced between the two.

    Aer Lingus state that they informed Kiwi of the cancellation as these were the only details they had, and Kiwi are responsible for any compensation as it was them who failed to inform me thereafter.

    Kiwi are just referring me back to Aer Lingus stating that they are responsible.

    Any ideas what I should do?
Page 2
    • Vauban
    • By Vauban 30th Jun 17, 2:23 PM
    • 4,708 Posts
    • 2,085 Thanks
    Vauban
    And my point is that the airline retains the legal liability, so it would probably be a good idea if it had the systems to collect and store this information. Or it can trust the travel agents to pass on the updates - but in the knowledge that if the travel agents can't prove they've done this, the airline are on the hook for liability. If I were running an airline, I know which I'd do.
    • jpsartre
    • By jpsartre 30th Jun 17, 2:42 PM
    • 2,744 Posts
    • 1,829 Thanks
    jpsartre
    I'm not denying the legal responsibility to notify passengers, what I'm saying is that they can only notify passengers by using the contact details provided at the time of booking. If they are not those of the passengers it cannot be the airline's problem and the verdict linked to earlier does not establish that it is. If I mistype my email address when making a booking you presumably wouldn't argue that it is the airline's responsibility to catch this error (how could they?) or that the airline has failed in their obligations if they send a cancellation notice to the email address I provided.
    • KevinK
    • By KevinK 16th Jul 17, 9:36 PM
    • 37 Posts
    • 0 Thanks
    KevinK
    They are now just simply refusing to pay out, I've quoted the case law posted here now in a final attempt at progressing this but it's looking like I'll need to go the legal route.

    Thanks for all the replies.
    • Justice13075
    • By Justice13075 16th Jul 17, 10:52 PM
    • 1,013 Posts
    • 425 Thanks
    Justice13075
    Stop the ping pong you have 3 choices.1. forget it 2. Send them a Letter Before Action and if they don't pay take them to court 3. Hand it to a No Win No Fee firm. Your Choice. All you are doing at the moment is wasting time. Good Luck with whatever you choose.
    • Tyzap
    • By Tyzap 16th Jul 17, 11:08 PM
    • 1,139 Posts
    • 551 Thanks
    Tyzap
    They are now just simply refusing to pay out, I've quoted the case law posted here now in a final attempt at progressing this but it's looking like I'll need to go the legal route.

    Thanks for all the replies.
    Originally posted by KevinK
    Hi Kevin,

    This is clearly a case of none compliance of the regulations.

    You should report them to the CAA and then send them a LBA. They will not be able to defend their stance in court, if it goes that far.

    Good luck.
    Please read Vaubans superb guide.
    • KevinK
    • By KevinK 16th Jul 17, 11:30 PM
    • 37 Posts
    • 0 Thanks
    KevinK
    Stop the ping pong you have 3 choices.1. forget it 2. Send them a Letter Before Action and if they don't pay take them to court 3. Hand it to a No Win No Fee firm. Your Choice. All you are doing at the moment is wasting time. Good Luck with whatever you choose.
    Originally posted by Justice13075
    Hi Kevin,

    This is clearly a case of none compliance of the regulations.

    You should report them to the CAA and then send them a LBA. They will not be able to defend their stance in court, if it goes that far.

    Good luck.
    Originally posted by Tyzap
    Thanks for the replies, my plan now is to wait for their reply then if they refuse yet again send an LBA. If unsuccesful I'll then proceed myself or through a no win/no fee lawyer.

    Just an additional thought, there was me and 3 other passengers - would it be best to go ahead with the no win/no fee all 4 of us or just myself then try dealing with the airline directly yet again for the other 3 if/when they pay out for just myself.

    Edit: Realise I could have been a bit more eloquent in last point but it's late - hopefully that makes sense.
    Last edited by KevinK; 17-07-2017 at 2:38 PM.
    • 111KAB
    • By 111KAB 17th Jul 17, 7:18 AM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    KevinK - be aware that the airlines read posts on these pages - in my court case they produced copies of comments made on these pages in their bundle.


    You can go ahead with a single application but there are cases where a claimant has 'won' on this basis and the airline have still denied others in the party from their dues thus forcing a further court application.
    • KevinK
    • By KevinK 17th Jul 17, 2:38 PM
    • 37 Posts
    • 0 Thanks
    KevinK
    KevinK - be aware that the airlines read posts on these pages - in my court case they produced copies of comments made on these pages in their bundle.


    You can go ahead with a single application but there are cases where a claimant has 'won' on this basis and the airline have still denied others in the party from their dues thus forcing a further court application.
    Originally posted by 111KAB
    Thanks for that.

    In the off chance they are looking in - Aer Lingus you are the worst airline for customer service out there!
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