Flight delay compensation, all other EU airlines

Tyzap

From the regs...

3.2.5. Burden of proof in the event of cancellation
Article 5(4) of the Regulation imposes on air carriers the burden of proof as regards whether and when the passengers have been individually informed about the cancellation of their flight.

There are no ifs or buts. If the passenger is not informed, compensation will be due.

As I understand it...

If the airline correctly informs the travel agent of the cancellation, but the TA does not then inform the passenger. The passenger is entitled to claim compensation from the airline, the airline is then entitled to recover those costs from the TA.

The regs specifically state that an airline is not restricted from claiming from a 3rd party.

To further support my understand, the regs would be completely unworkable if the passenger had to chase all 3rd parties that cause a delay to a flight themselves. e.g mobile stairs, catering vehicles, de-icing rigs etc

jpsartre

The airline is entitled to recover costs from a 3rd party but the airline still needs to be liable for compensation in the first place. If they are not, the passenger isn't entitled to compensation and there are no costs to recover. If the booking has been made without the airline receiving the correct contact details I can't imagine any judge would rule that the airline is responsible for failing to inform the passenger. Really, I would hope that's common sense, legalities aside

Tyzap

Here is another piece of the jigsaw...

https://en.wikipedia.org/wiki/Passenger_name_record

jpsartre

I'm aware what a PNR is but I have no idea how it's a piece of any puzzle? Again, anyone can make a booking for anyone and enter whatever details they like. You can make a booking for me and thereby create a PNR, and while my name may be listed as the passenger, every contact info (phone, email, address) may be yours.

Now, in many (if not most) circumstances, when a passenger makes a booking from an agent, the passenger details will be part of the PNR. However, problems occur when agents make bookings outside a GDS. In this case, the agent will use their own email adress and company credit card to make the booking, deliberately blocking the passenger from accessing their booking directly with the airline. This is (in part) to prevent the passenger from adding things like seat reservation and luggage directly with the airline, rather than going through the agent and paying the appropriate fee. In these cases, any schedule changes/cancellations would only be passed on to the agent, who would then be responsible for passing them on to the passenger.

patch9495

Good Afternoon All,


Upon making the booking I gave my contact details, name, mobile number, email address to the agent


None of which have been used by either the airline or travel agent as a point of contact. The travel agents booking still has our flight as going ahead as schedule even though we have written confirmation from the TA that we are due to receive a full refund.


No contact was established until I phoned up with a separate issue, 14 days before the scheduled flight date


Many Thanks

lilia_fellini

NandoDave wrote: »

Picked up my message from back in August as I have been waiting for BMI to get their act together.

Their online customer services acknowledged they were liable, told me how much I'd get, took my bank details and responded that they'd sent my payment to their accounts team... 3 months ago!

I've followed up with them twice using the online query and they advised it was still pending payment, and today I called them and asked again. The representative on the phone said it was still waiting for payment and he had prioritised it, but the earliest I could expect to be paid was the 7th December!

I have no confidence that they'll pay this by the 7th December as its been sitting with their accounts now for 3 months and they've asked for yet another month.

Any suggestions other than MCOL (which will cost £25) to force some action?

Dave

Hi Dave! Just checking if you had any success with BMI? I have been waiting for my compensation for 6 months, I call them regularly to chase and heard nothing but excuses.:mad:

Justice13075

Send them a Letter Before Action giving them 14 days to pay. If they don't pay then sue them using MCOL. You will find a template letter on page 6 of Vaubans Guide. Google and download.

jpsartre

patch9495 wrote: »

Upon making the booking I gave my contact details, name, mobile number, email address to the agent

Of course but did the agent pass them on to the airline? The best way forward is to make a claim to the airline. Make it clear you were not informed within 2 weeks before the flight.

cherabelle

Tyzap wrote: »

Hi Cherabelle,

The ADR companies are relative newcomers to the aviation flight delay world. That is why there is not too much feedback available, especially for the foreign based ones like Soep.

Some UK based airlines seem to treat ADR companies with contempt but there may be more respect for them on the continent. Hopefully you can let us know how you get on.

Good luck.

Hi All,

Just thought I’d try to provide a sort of update on SOEP, unfortunately I cannot say much about them other than Very very very slow. I escalated the issue to them on 23rd Aug, in late Nov I emailed them again asking for an update and was sent a reply along the lines of “we told you not to bother us, we will contact you when we have an update”. I’m tempted to try and call them at the end of the month to see if I can get any update. I have a case reference number but no idea whether they have indeed chased EuroWings about the flight.. fighting the urge to just issue court papa pets and get this moving (I know I am impatient). Anyhow, considering using SOEP, all I can say is prepare yourself for a longer wait than you would imagine.

Hopefully I will have more news soon, like before I retire...

Tyzap

cherabelle wrote: »

Hi All,

Just thought I’d try to provide a sort of update on SOEP, unfortunately I cannot say much about them other than Very very very slow. I escalated the issue to them on 23rd Aug, in late Nov I emailed them again asking for an update and was sent a reply along the lines of “we told you not to bother us, we will contact you when we have an update”. I’m tempted to try and call them at the end of the month to see if I can get any update. I have a case reference number but no idea whether they have indeed chased EuroWings about the flight.. fighting the urge to just issue court papa pets and get this moving (I know I am impatient). Anyhow, considering using SOEP, all I can say is prepare yourself for a longer wait than you would imagine.

Hopefully I will have more news soon, like before I retire...

Thanks for the 1st update on SOP cherabelle,

If you raised your case with them in August and received no feedback, you are well within your rights to chase them up, that's far too long.

Have you read their T+C's, there is usually a published time line that they should be working to.

Both the EU261 regulations and consumer protection are being eroded and weakened by these ADR companies, the EU regulators should take note and do something positive about it.

Good luck.