Airhelp charges not transparent - won't allow me to cancel the contract with them

Christyt

Hi, hoping someone can help here.
I was delayed at Gatwick meaning I missed a connection at Lisbon and arrived 2 days late to Azores (portugal). So I am due compensation.
I booked via Lastminute and got email promoting Airhelp to help to claim. It was not clear it was a fee service. So i filled out forms. Only after all was submitted was it clear the terms of payment. I immediately emailed them to ask to cancel their services. No reply, they confirmed claim etc. I reiterated my wish again and 11 days later they said it was too late to cancel as they had submitted it to airline.
And denied recieving my first request to cancel. 
Now they say I have compensation (minus their commission). 
Is there anything I can do. Do I have consumer rights? Feels like sharp practice to me and they are not transparent. 
Should I refuse payment? Will that nullify my possibility to claim another way?

Alan_Bowen

It is a little unreasonable to expect any business to work on your behalf for free. It describes itself as a no win no fee operation which suggests there will be a fee if they do win. If the airline has paid out the claim, then you cannot make a separate claim yourself, they will only pay out once. Most major airlines encourage customers to complete a form on their own website which will result in exactly the same outcome without any deductions. 

There are circumstances when the use of an agency can help, many of the precedents which have extended customer rights against airlines were fought  by them but where there is no possible defence, it should be a case of DIY

Pollycat

Christyt said:

Hi, hoping someone can help here.
I was delayed at Gatwick meaning I missed a connection at Lisbon and arrived 2 days late to Azores (portugal). So I am due compensation.
I booked via Lastminute and got email promoting Airhelp to help to claim. It was not clear it was a fee service. So i filled out forms. Only after all was submitted was it clear the terms of payment. I immediately emailed them to ask to cancel their services. No reply, they confirmed claim etc. I reiterated my wish again and 11 days later they said it was too late to cancel as they had submitted it to airline.
And denied recieving my first request to cancel. 
Now they say I have compensation (minus their commission). 
Is there anything I can do. Do I have consumer rights? Feels like sharp practice to me and they are not transparent. 
Should I refuse payment? Will that nullify my possibility to claim another way?

What did Lastminute.com say about Airhelp?

Their home page is pretty clear and transparent:

We’re fair and transparent

We believe in earning our share by delivering results. Our standard 35% fee includes VAT and comes directly from the compensation we secure for you, and never out of your pocket.

It looks like you will not be able to refuse payment to Airhelp as they take their fees before paying you the remainder.

Christyt

Thanks both - the initial email wasn't as clear but yes, I should have read it more carefully. I did, however, after filling out the form and realizing my mistake immediately email their 'info@airhelp.com email to request cancellation. I assumed I'd have the right to do that, especially so quickly. But they denied receiving it. I have proof of the email sent - I'm just wondering whether I should have consumer right to cancel the 'contract' with them.

eskbanker

Christyt said:

Thanks both - the initial email wasn't as clear but yes, I should have read it more carefully. I did, however, after filling out the form and realizing my mistake immediately email their 'info@airhelp.com email to request cancellation. I assumed I'd have the right to do that, especially so quickly. But they denied receiving it. I have proof of the email sent - I'm just wondering whether I should have consumer right to cancel the 'contract' with them.

You'll generally have the right to cancel a contract during a 14 day cooling-off period but the other party still has the right to charge for services rendered during that time.

Realistically it's highly unlikely that they wouldn't have received your email(s) - without delivery/read receipting you wouldn't be able to prove that, but if it was to be decided on the balance of probabilities in a civil court, then you'd probably prevail, especially if it was sent to the same address you'd just received the contractual documentation from rather than a generic contact one.

Bearing in mind that you can't withhold payment if they hold your money, chances are the most pragmatic solution will be to accept the reduced refund and to take it as a lesson learned to 'look before you leap' in future....

Christyt

Wise words I think. And for the sums involved, not worth it. Thanks for the thoughts.