Who's got your EU compensation??

[Ancient Observer]

Who's got your EU compensation??
Last July I suffered from an ezy cancellation after I had checked in.
Eventually, in November, I wrote to ezy for my EU compensation. No reply, so I wrote again in December. No reply, so I eventually used an e-mail address for one of the ezy boss-class. (I just happened to have his e-mail address).
That got me an immediate reply from "Executive Support".

It turns out that they had paid my EU compensation - within 7 days - to the tour operator who had organised the flight !!!!

needless to say, the tour operator had made no attempt to contact me.

How much of this "compensation" is held by the tour operators???

[Joao da Silva]

Ancient O

If easyJet paid the tour operator, then good for them.

However, it does not release them from paying the compensation to you, in my opinion

Here is a summary about EU261/2004

In the event of flight cancellation or denied boarding, the passengers concerned have the right to:
reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
compensation totalling:- EUR 250 for all flights of 1500 kilometres or less;
- EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
- EUR 600 for all other flights.
It says quite clearly 'the passengers have the right to'. Did easyJet agree with you to pay the agent? Thought not.

So, if I were you, I would demand payment within 7 days and let easyJet get the money back from the operator.

If not, issue a small claims summons using their letter that compensation is due and also showing their non compliance with the regulation.

Here is the reference Denied-boarding compensation system (http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l24173_en.htm)

[Ancient Observer]

Joao,
thanks. I agree with your analysis. I think that I will get my money back from one of them, and legally ezy are on the hook. .

My main reason for posting this sorry saga was to alert others to this scam.
I'll try a letter to the papers, but UK newspapers rather prefer their advertisers to their readers..............and tour Co.s are one of the few bits of UK plc that appear to advertise a lot.

[ExXB]

AO - Why wouldn't you ask your tour operator first?

I'm not certain Squeezy is on the hook to you, seeing as your contract is not with them. The Package tour directive (Council Directive 90/314/EEC of 13 June 1990) governs your relationship with the the tour operator.

[Joao da Silva]

ExxB

You have the wrong endof the stick here.

The contract is irrelevant to AO's position, except in that she paid to travel on the aircraft.

Even if the tour operator overbooked the flight and caused the carrier to deny boarding, the operating airline would still be responsible for paying the 261 compensation to the passenger.

[SeenItAll]

To me, the key word in the EU regulation is "passenger." Compensation is due from the airline to "passengers." The tour agent may be the purchaser of the ticket from the airline, but the passenger is the "passenger." That said, for flights arranged by tour companies the airline may not have adequate information about passenger mailing addresses to send compensation directly to them, and it expects (and may legally require) the tour operator to pass on the compensation to the passenger.

Thus, AO should probably do two things. The first is to demand the held money from the tour operator, and if the operator does not comply tout de suite, notify the airline that their agent has pocketed the compensation due to them and demand that the airline remedy this. If no money is provided to the passenger within 7 days, complain to the regulator.

[Ancient Observer]

Seenitall.
Yup, that is what I am doing.

ExxB. Joao is correct. It is ezy that owes me the money. The fact that it paid it to the tour company is irrelevant.

Both of them are in error. ezy should have paid me the money. The operator should not have held on to it. It was never their money.

How many thousands of individuals have lost their compensation when the airline has paid it to a tour operator?

I am in a position to rectify this scam as I have worked in Aviation and know who to contact. Others will not be. How should it be publicised?

[farci]

How many thousands of individuals have lost their compensation when the airline has paid it to a tour operator?

I am in a position to rectify this scam as I have worked in Aviation and know who to contact. Others will not be. How should it be publicised?
AO - this might be a place to start: BBC Watchdog - Got a Story (http://www.bbc.co.uk/watchdog/gotastory/)