Children/infant refund

Laura24morris

Hi

This is my first time on a forum - looking for advice

We are entitled to claim for delayed flight from Antalya to Glasgow 12+hours, there was four of us on the flight - 2 adults and 2 kids - a 2 year old and an infant. My question is, is the compensation money per person? And what about the infant who was still delayed but never had an actual seat on the plane?😖

Caz3121

Everything you will need is covered in Vauban's guide http://forums.moneysavingexpert.com/showthread.php?t=5173888
as long as you paid a fare for the infant then they will qualify

ArcaneTSGK

Some airlines will try to argue defense against an infant who sat on a parents lap during the flight, saying that a fare is assigned to a seat, not a person. This is an avoidance tactic and you should pursue your claim. For example Thomas Cook sometimes charge infants £1, = fare = claim.

Vauban

ArcaneTSGK wrote: »

Some airlines will try to argue defense against an infant who sat on a parents lap during the flight, saying that a fare is assigned to a seat, not a person. This is an avoidance tactic and you should pursue your claim. For example Thomas Cook sometimes charge infants £1, = fare = claim.

I think you need to be careful about this £1 business - this might be for the entire holiday, not the flight. And depending on how they structure it, it could well be a "free ticket". Personally I'm not optimistic that anyone taking this to a judge would get the answer they wanted - at the least, it's far from straightforward.

NoviceAngel

Vauban wrote: »

I think you need to be careful about this £1 business - this might be for the entire holiday, not the flight. And depending on how they structure it, it could well be a "free ticket". Personally I'm not optimistic that anyone taking this to a judge would get the answer they wanted - at the least, it's far from straightforward.

Out of interest Vauban does your above comment apply regardless of whether or not the infant occupied a seat ?

I always thought that if a baby/infant didn't occupy a seat then it would be FREE so no claim. However, if a child occupied a 'paying' seat and paid £1 then EC261 would apply, hmmmm You would have to look very carefully at the booking.....

Vauban

NoviceAngel wrote: »

Out of interest Vauban does your above comment apply regardless of whether or not the infant occupied a seat ?

I always thought that if a baby/infant didn't occupy a seat then it would be FREE so no claim. However, if a child occupied a 'paying' seat and paid £1 then EC261 would apply, hmmmm You would have to look very carefully at the booking.....

If a child is under two, parents still need to pay a fare for them to sit on their lap. My youngest is now 10, so it's been a while since I paid it. But it was about £20 a decade ago. The fact that the infant did not have a seat is immaterial - they paid a publicly available fare, so qualify for compensation. This is what anyone must pay if they wish to take an infant on a plane. (I am aware of a court case where the airline tried to pretend it wasn't a fare but an "admin fee" - but the judge didn't buy it and ruled for the passenger.). The CAA also takes this view.

My concern is where the infant or child is on a free child place - or a £1 holiday. I think it will be much more difficult for the passenger to argue that this is a publicly available fare. The £1 is arguably not the airfare at all. To suggest that because you paid a nominal fee for a child's holiday means you definitely qualify for compensation under 261/04 puts it far too strongly. My take is: you might, but you probably don't.