Stuck between a rock and a hard place... 20 June 2017 at 7:07PM in Flight delay compensation 30 replies 4.8K views

KevinK

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?

Tyzap

KevinK wrote: »

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?

Hi Kevin,

It is the airline who is responsible for any delay and they are also responsible for informing you of any cancellation or change to your itinerary.

In court they must be able to demonstrate to the judge that you were informed of any changes. If not, the responsibility lies with them.

Read Vaubans guide, google and download, for lots of info and then concentrate on the airline.

Good luck.

Justice13075

You said it was over 3 hours late but then say the flight was cancelled???

KevinK

Tyzap wrote: »

Hi Kevin,

It is the airline who is responsible for any delay and they are also responsible for informing you of any cancellation or change to your itinerary.

In court they must be able to demonstrate to the judge that you were informed of any changes. If not, the responsibility lies with them.

Read Vaubans guide, google and download, for lots of info and then concentrate on the airline.

Good luck.

Thanks, they've admitted they didn't contact me - they contacted the third party but are still refusing to pay up. Atleast I know where to concentrate my efforts!

KevinK

Justice13075 wrote: »

You said it was over 3 hours late but then say the flight was cancelled???

Apologies for confusion, flight was cancelled - I was placed on another flight which departed over 3 hours later.

KevinK

Airline still not playing ball, refusing to pay out and growing extremely frustrated.

Any suggestions for best company to proceed legally with? Don't fancy doing it myself.

Justice13075

Put your flight details in to bottonline & then EuClaim see what they say, then download Vaubans guide and read. then send them a letter before action all explained in the guide if that doesn't work the hand it on to either Bott & Co or EuClaim. Try the letter first you could save yourself around 30% of the claim

KevinK

Justice13075 wrote: »

Put your flight details in to bottonline & then EuClaim see what they say, then download Vaubans guide and read. then send them a letter before action all explained in the guide if that doesn't work the hand it on to either Bott & Co or EuClaim. Try the letter first you could save yourself around 30% of the claim

I've read the guide but unfortunately it seems more geared towards arguing about the circumstances of the cancellation, the airline aren't disputing this though. They're claiming as I booked through a third party and they informed them of the cancellation then they have fulfilled their duty (which I disagree with).

I'll have a look at the other suggestions but it appears this isn't a generic situation and unless they cave I'll need to pursue legally.

Justice13075

Well I would give Bott & Co a call and let them take it on.

Caz3121

KevinK wrote: »

Airline still not playing ball, refusing to pay out and growing extremely frustrated..

I have some sympathy with the airline on this one. There are loads of shonky third parties out there with terrible customer service
Airline often has the passenger name but the contact details will be of the agent. Airline then provides information to those contact details correctly and then the agent doesn't bother telling the passenger (kiwi obviously one) so the airline, who had no contacts for the passenger direct and has no control over the agent foots the bill for the agents failings

However I understand that the airline should be paying and claiming back from the agent (good luck with that one!)

KevinK

Caz3121 wrote: »

I have some sympathy with the airline on this one. There are loads of shonky third parties out there with terrible customer service
Airline often has the passenger name but the contact details will be of the agent. Airline then provides information to those contact details correctly and then the agent doesn't bother telling the passenger (kiwi obviously one) so the airline, who had no contacts for the passenger direct and has no control over the agent foots the bill for the agents failings

However I understand that the airline should be paying and claiming back from the agent (good luck with that one!)

Although I agree in principle the customer service the air line have given is actually worse than the third party! If they cared so much about the situation above they should work with the third party to improve their lines of communication.