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    • Justice13075
    • By Justice13075 15th Jan 19, 2:50 PM
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    Justice13075
    If you mean for the airline to contact the agent to get the details and then contact the passenger I agree. If you are saying if the airline doesn't have the passengers details then it is up to the agent to contact the passenger then I disagree.
    • jpsartre
    • By jpsartre 15th Jan 19, 3:09 PM
    • 3,681 Posts
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    jpsartre
    An airline will use the contact details it has on the booking. It has no way of knowing if they are the details of the person travelling. I sometimes book flights for my wife using my email adrdress, obviously she would not be entitled to compensation just because I don't tell her about a flight cancellation that the airline informs me of months in advance.
    • Justice13075
    • By Justice13075 15th Jan 19, 3:14 PM
    • 1,578 Posts
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    Justice13075
    In an ideal world you have a fair point but as JPears has said this has already been established in the European Court that it is the responsibility of the Airline to notify the Passengers
    • jpsartre
    • By jpsartre 15th Jan 19, 3:21 PM
    • 3,681 Posts
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    jpsartre
    Yes, if they have the contact details. Do you honestly believe my wife would be awarded compensation by a judge because I didn't bother passing on information from the airline? I'm not a gambling man but that's something I would have no problem betting against.
    • Justice13075
    • By Justice13075 15th Jan 19, 3:34 PM
    • 1,578 Posts
    • 538 Thanks
    Justice13075
    My mistake I always thought that when you book a flight you had to give names and addresses etc, of the people flying. Silly me
    • jpsartre
    • By jpsartre 15th Jan 19, 3:39 PM
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    jpsartre
    You have to give the name of the person travelling but no other details (only details of the person making the booking).
    • JPears
    • By JPears 15th Jan 19, 4:08 PM
    • 4,450 Posts
    • 1,212 Thanks
    JPears
    But the airline have the agents booking details. If the agent doesn't pass on the information, that's still no fault of the passenger.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jpsartre
    • By jpsartre 15th Jan 19, 4:31 PM
    • 3,681 Posts
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    jpsartre
    Completely agree but you can't claim EU compensation from the agent. Some 3rd party sites unforunately have their reasons for deliberately withholding the passenger's details from the airline.
    • Tyzap
    • By Tyzap 15th Jan 19, 5:34 PM
    • 1,799 Posts
    • 770 Thanks
    Tyzap
    From the regs...

    3.2.5. Burden of proof in the event of cancellation
    Article 5(4) of the Regulation imposes on air carriers the burden of proof as regards whether and when the passengers have been individually informed about the cancellation of their flight.

    There are no ifs or buts. If the passenger is not informed, compensation will be due.

    As I understand it...

    If the airline correctly informs the travel agent of the cancellation, but the TA does not then inform the passenger. The passenger is entitled to claim compensation from the airline, the airline is then entitled to recover those costs from the TA.

    The regs specifically state that an airline is not restricted from claiming from a 3rd party.

    To further support my understand, the regs would be completely unworkable if the passenger had to chase all 3rd parties that cause a delay to a flight themselves. e.g mobile stairs, catering vehicles, de-icing rigs etc
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 15th Jan 19, 5:47 PM
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    jpsartre
    The airline is entitled to recover costs from a 3rd party but the airline still needs to be liable for compensation in the first place. If they are not, the passenger isn't entitled to compensation and there are no costs to recover. If the booking has been made without the airline receiving the correct contact details I can't imagine any judge would rule that the airline is responsible for failing to inform the passenger. Really, I would hope that's common sense, legalities aside
    • Tyzap
    • By Tyzap 15th Jan 19, 8:31 PM
    • 1,799 Posts
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    Tyzap
    Here is another piece of the jigsaw...

    https://en.wikipedia.org/wiki/Passenger_name_record
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 15th Jan 19, 9:25 PM
    • 3,681 Posts
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    jpsartre
    I'm aware what a PNR is but I have no idea how it's a piece of any puzzle? Again, anyone can make a booking for anyone and enter whatever details they like. You can make a booking for me and thereby create a PNR, and while my name may be listed as the passenger, every contact info (phone, email, address) may be yours.

    Now, in many (if not most) circumstances, when a passenger makes a booking from an agent, the passenger details will be part of the PNR. However, problems occur when agents make bookings outside a GDS. In this case, the agent will use their own email adress and company credit card to make the booking, deliberately blocking the passenger from accessing their booking directly with the airline. This is (in part) to prevent the passenger from adding things like seat reservation and luggage directly with the airline, rather than going through the agent and paying the appropriate fee. In these cases, any schedule changes/cancellations would only be passed on to the agent, who would then be responsible for passing them on to the passenger.
    • patch9495
    • By patch9495 16th Jan 19, 3:17 PM
    • 18 Posts
    • 0 Thanks
    patch9495
    Good Afternoon All,


    Upon making the booking I gave my contact details, name, mobile number, email address to the agent


    None of which have been used by either the airline or travel agent as a point of contact. The travel agents booking still has our flight as going ahead as schedule even though we have written confirmation from the TA that we are due to receive a full refund.


    No contact was established until I phoned up with a separate issue, 14 days before the scheduled flight date


    Many Thanks
    Last edited by patch9495; 16-01-2019 at 3:43 PM.
    • lilia_fellini
    • By lilia_fellini 16th Jan 19, 5:19 PM
    • 16 Posts
    • 9 Thanks
    lilia_fellini
    BMI Regional Compensation
    Picked up my message from back in August as I have been waiting for BMI to get their act together.

    Their online customer services acknowledged they were liable, told me how much I'd get, took my bank details and responded that they'd sent my payment to their accounts team... 3 months ago!

    I've followed up with them twice using the online query and they advised it was still pending payment, and today I called them and asked again. The representative on the phone said it was still waiting for payment and he had prioritised it, but the earliest I could expect to be paid was the 7th December!

    I have no confidence that they'll pay this by the 7th December as its been sitting with their accounts now for 3 months and they've asked for yet another month.

    Any suggestions other than MCOL (which will cost 25) to force some action?

    Dave
    Originally posted by NandoDave

    Hi Dave! Just checking if you had any success with BMI? I have been waiting for my compensation for 6 months, I call them regularly to chase and heard nothing but excuses.
    • Justice13075
    • By Justice13075 16th Jan 19, 5:34 PM
    • 1,578 Posts
    • 538 Thanks
    Justice13075
    Send them a Letter Before Action giving them 14 days to pay. If they don't pay then sue them using MCOL. You will find a template letter on page 6 of Vaubans Guide. Google and download.
    • jpsartre
    • By jpsartre 16th Jan 19, 6:22 PM
    • 3,681 Posts
    • 2,318 Thanks
    jpsartre
    Upon making the booking I gave my contact details, name, mobile number, email address to the agent
    Originally posted by patch9495

    Of course but did the agent pass them on to the airline? The best way forward is to make a claim to the airline. Make it clear you were not informed within 2 weeks before the flight.
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