EnterAir Delayed Flight Compensation

Madpotter25

Our outbound LGW - KLX was delayed by about 4 hours in June. We booked a package with Neilson. Neilson told us the flight was delayed due to a broken window and we needed to wait for another plane from Spain. When taxiing before take off we could see the grounded plane by a hangar. 
Neilson urged all passengers to claim compensation and sent us the link for the EU form. This was completed and Enterair told us that the flight delay was not their fault, it was due to airport staff strikes at LGW that day. Completely untrue. I escalated our case to the CAA and it was upheld. Enterair are ignoring us and Neilson say our contract is with the airline not them. This feels wrong as we booked a package and Neilson had a contract with Enterair to provide their customers with transport.  Where do we go from here? 

eskbanker

Neilson are correct - if you wish to claim compensation then you need to do so from the airline, not the package organiser.

However, actually enforcing claims against non-UK airlines proves tricky for many - the CAA has no enforcement powers and if the airline has no UK subsidiary then small claims action has to be in the country where they're based.

bagand96

Madpotter25 said:

This feels wrong as we booked a package and Neilson had a contract with Enterair to provide their customers with transport.  Where do we go from here? 

Whilst this may feel wrong, the law around flight delays applies to airlines and not travel agents or tour operators. There's no law giving you any right to claim from Neilson.

EnterAir are a Polish airline.  You may be able to contact the Polish Civil Aviation Authority who are the regulator in Poland and do seem to operate a Passenger Right Ombudsman: The Passengers’ Rights Ombudsman | Passengers’ Rights Ombudsman at the Civil Aviation Authority (ulc.gov.pl)

Failing that it would be legal action, which would have to be via the Polish legal system which may prove hard for someone UK based.  Or maybe one of the no-win-no-fee claims companies.

Basically it's very easy for airlines to completely ignore claims from abraod.