Compensation for delayed flights Discussion Area

emfie

Having read the FAQ section and through many of the posts here I haven't seen my particular question answered but apologies if I have missed it.

Like a number of posters, my family and I were unfortunate enough to suffer a delay on a Strategic Airlines flight chartered by Olympic Holidays, causing us to lose 1 day from a 7 day holiday.

I understand the current situation that no airline = no claim. However - and again apologies if I have not found the information elsewhere in the forums - but as a reasonably intelligent consumer as far as I am concerned when I book a package with an operator (such as Olympic Holidays) I am contracting for accomodation at my destination of choice, flights and transfer to/from accomodation, these are the elements that I will be charged for as part of the package. Generally I do not have control over any of these elements as they are part of the package. The operator chooses who they will sub-contract these to, and as a purchaser of the service, I do not particularly care who they deal with so long as what I am purchasing (the package) is provided as specified and indeed at the time of booking the information regarding these is not generally provided - my contract so far as I am concerned, and as it is generally advertised and sold (online, brochures and in travel agents), is with the operator who has put the package together.

Whilst you can delegate the provision of services in a contract you cannot (so far as I understand and IANAL) delegate the responsibility for their succesul delivery unless it is clearly and unequivocably stated upfront in a way that your average purchaser would be expected to understand. It seems to me that current EU legislation has a great big hole in it to the detriment of consumers which allows package operators to avoid compensation claims by offloading responsibility to airlines without consumers being aware - surely it would be more equitable if they had to process compensation claims and reclaim from their contractors for service failures such as the airlines?

Is there anything in the pipeline to deal with this or must we as consumers simply continue to accept being shafted for poor service by the package holiday industry?

TIA for your responses

blondmark

goodfella789 wrote: »

EU unveils new air passenger rights due 2014.
Minimum 5hr delay before compensation is due!!!
http://www.bbc.co.uk/news/business-21767040

I'm in mourning

blondmark

emfie wrote: »

Having read the FAQ section and through many of the posts here I haven't seen my particular question answered but apologies if I have missed it.

Like a number of posters, my family and I were unfortunate enough to suffer a delay on a Strategic Airlines flight chartered by Olympic Holidays, causing us to lose 1 day from a 7 day holiday.

I understand the current situation that no airline = no claim. However - and again apologies if I have not found the information elsewhere in the forums - but as a reasonably intelligent consumer as far as I am concerned when I book a package with an operator (such as Olympic Holidays) I am contracting for accomodation at my destination of choice, flights and transfer to/from accomodation, these are the elements that I will be charged for as part of the package. Generally I do not have control over any of these elements as they are part of the package. The operator chooses who they will sub-contract these to, and as a purchaser of the service, I do not particularly care who they deal with so long as what I am purchasing (the package) is provided as specified and indeed at the time of booking the information regarding these is not generally provided - my contract so far as I am concerned, and as it is generally advertised and sold (online, brochures and in travel agents), is with the operator who has put the package together.

Whilst you can delegate the provision of services in a contract you cannot (so far as I understand and IANAL) delegate the responsibility for their succesul delivery unless it is clearly and unequivocably stated upfront in a way that your average purchaser would be expected to understand. It seems to me that current EU legislation has a great big hole in it to the detriment of consumers which allows package operators to avoid compensation claims by offloading responsibility to airlines without consumers being aware - surely it would be more equitable if they had to process compensation claims and reclaim from their contractors for service failures such as the airlines?

Is there anything in the pipeline to deal with this or must we as consumers simply continue to accept being shafted for poor service by the package holiday industry?

TIA for your responses

Well put. Compensation for delays and cancellations under 261/2004 need to be made against the air carrier. However read up on the Package Travel, Package Holidays and Package Tours Regulations 1992 and the expectations you express above are largely correct.

However, the agent does have a get out under this Regulation if things happen that are entirely out of his control.

lisafoster

Will the new 5 hour rule apply to current/ongoing claims or will it only apply for claims relating to delays from today?

Ich_2

Will the new 5 hour rule apply to current/ongoing claims or will it only apply for claims relating to delays from today

I would suggest the new rules will apply from when they become EU law

The Commission says the new rules, which are not likely to become law until 2014, will give a lot more certainty to airlines and passengers.

From the BBC report

suelees1

Yes I agree

lisafoster

Thank you, just wanted to clarify in case Monarch now try to use it as an excuse not to pay

kuepper

As an alternative to compensation recoverers and the small claims court, for European airlines try the free service of http://www.ukecc.net/ It worked for me

wendymc1

After putting in a claim against Easyjet, I received compensation without too much bother.

However, I am now claiming on behalf of my mum and her friends who were 7 hours delayed to USA. The claim has been passed from customer service dept to the EU Legislation Team, but I haven't heard a word back from them (it's been over a month now). Customer Services are refusing to give me their details, just tell me I will hear from them soon (I was told this a month ago).

Does anyone have any experience of this? Or does anyone have EU Legislation Team's email/phone number? Any help gratefully received. Many thanks. x

woodcr

l was delayed 14 hours in dec 2010 on a thomson flight and wrote to claim but have been told there is a two year time frame and l am outside this what do ldo now does anyone know.dave