Maleth Aero flight delays (MLT1972 LGW- Barbados 6th January & others) delayed FROM a UK airport

mdann52

HarveyLab2011 said:

Our Maleth -Aero flight from Manchester to Antigua on December 30th 2023 was delayed 5.25 hours. I filled in the claim form which was received by Maleth and acknowledged with the assurance they would respond as soon as possible. A month later I sent a reminder but have had no further response from them. Just don't know what else to do. Any suggestions?

Complain to the CAA PACT team - https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Alternatively, pay a lawyer in Malta to commence legal action on your behalf, or bring action in Malta under the EU small claims procedure.

daveyjp

I think its fair to say Maleth are in ignore mode.  They are a small, "hand to mouth", charter airline that took on a job too big for them to handle.  The compo they are due to pay out will be far more than they made for the deal, so delay claims is the modus operandi.

Needless to say P&O have sacked Maleth for next year's winter flights due to the adverse publicity and I'm sure their behaviour in dealing with claims will also be a factor as P&O will be on the receiving end of passenger frustrations.

Westin

I can’t see Maleth Aero paying out any compensation to any of these flight delay claims. Daveyjp summarises the reasons well.

I half expect that the Maleth Aero business will disappear with perhaps a new named airline resurface taking on the aircraft, MLA base facilities and some of the staff. 

MelanieCottam

We had an 8 hour delay in December from Antigua. I have registered the Maleth delay forms but got nowhere so went to the CAA - they have come back saying they ask the airline to pay but they can’t make them so I don’t think that avenue is going to work. Has anyone found a no win no fee company willing to take this on?

JR53

Has anyone had any joy re: their compensation claim against Maleth Aero? I was on the Manchester flight to Barbados (29th December) that was delayed by 5.5 hours. P+O claim that they cannot intervene in claims against a carrier even though they contracted the carrier (Maleth) as part of a packaged holiday. This stinks of P+O just "washing their hands" of the situation.
I have followed all of the procedures recommended by P+O but have heard nothing from Maleth since I received acknowledgement of my compensation claim against them. Maleth are obviously ignoring all claims!
Anyone else feel totally let down by P+O - who contracted Maleth?
Anyone else feel that P+O, as the cruise operator and package holiday provider, should be doing more, through their Customer Services, to address this problem?

bagand96

JR53 said:

Anyone else feel that P+O, as the cruise operator and package holiday provider, should be doing more, through their Customer Services, to address this problem?

The law around flight delay claims is very specific in that the Operating Air Carrier is the liable party and that is who claims can be bought against.  The travel agent/website/tour operator or whoever else may arrange the flight are not liable.

Your contract with P&O was for a cruise holiday including flights.  They provided that, unfortunately flight delays happen, it's the nature of the business.  Now there is obviously a debate over the choice of airline which is well covered - and P&O were in a situation they had little choice.  But their T&C's will state that operating air carriers/aircraft types etc are not guaranteed until final travel arrangements are issued - which is industry standard.

It's not much different to if you book a TUI package holiday to Turkey and the flight is operated by a Turkish charter carrier rather than TUI themselves.  TUI wouldn't assist in flight delay claims there.

Not being unsympathetic - no one would enjoy a 5 hour flight delay - but the position in law is quite clear cut, and there is nothing to compel P&O to do more.

Suzycoll

JR53 said:

Has anyone had any joy re: their compensation claim against Maleth Aero? I was on the Manchester flight to Barbados (29th December) that was delayed by 5.5 hours. P+O claim that they cannot intervene in claims against a carrier even though they contracted the carrier (Maleth) as part of a packaged holiday. This stinks of P+O just "washing their hands" of the situation.
I have followed all of the procedures recommended by P+O but have heard nothing from Maleth since I received acknowledgement of my compensation claim against them. Maleth are obviously ignoring all claims!
Anyone else feel totally let down by P+O - who contracted Maleth?
Anyone else feel that P+O, as the cruise operator and package holiday provider, should be doing more, through their Customer Services, to address this problem?

I get what you are feeling JR53 - bagand96 is perfectly correct. It still leaves a bad taste in ones mouth though. My delay was 7 hours (I started the original post).

I don't think anyone will get the compensation due but I remain marginally positive!

re P & O like yourself I also think they could have done more about the Maleth fiasco and think they may have lost a few customers through this.

Personally, it would not put me off booking again as I have had many good cruises with them and still find their prices very good. I can see that they have now changed their carriers going forward, displaying that they have learnt something?

lets all keep our fingers crossed for compensation soon . Best wishes 

Suzycoll

Westin said:

I can’t see Maleth Aero paying out any compensation to any of these flight delay claims. Daveyjp summarises the reasons well.

I half expect that the Maleth Aero business will disappear with perhaps a new named airline resurface taking on the aircraft, MLA base facilities and some of the staff. 

i think you are sadly right Westin

Suzycoll

Alan_Bowen said:

P & O are not liable to pay compensation as set out under 261, that is true but I think it may be possible to argue there was a deficiency in the service provided by their supplier Maleth. In other words, a failure to provide what was promised, it may not be £520 each but I don't see any other option in this case. The only other alternative might be to contact the Maltese equivalent of the CAA who licence them to fly and argue their failure to deal with a single complaint means they may be unfit to fly. Malta is very keen to get more airlines on their register, they have already got Ryanair, Wizzair and Hi Fly which is a decent Portuguese charter operator so may want to be seen to be doing something. This is their contact:

Malta Transport Centre
Triq Pantar,
Ħal Lija LJA 2021
Malta
Tel: +356 21222203
Fax:
Email: info.tm@transport.gov.mt

hi Alan

have you contacted this address ? if so have you had any reply?
thanks 

Alan_Bowen

I am not a customer, I was trying to offer help to those who were. The EU requires each country to appoint a point of contact, the CAA is the UK's, for issues regarding EU261 and there are supposed to be regular inter-government discussions regarding issues that arise. Maleth are not going to pay a penny unless forced to do so and P & O are abdicating any responsibility for their choice of airline, so I don't see any alternative