EU261 Compensation.

[ATNotts]

I've heard adverts on the radio recently for the usual parasites advertising for people to claim for EU261 delay compensation.

One company days that whether the flight was business, leisure or a package you (personally) can claim.

I would have though that if you don't have a contract with the carrier then you wouldn't be able to claim. And if on business, and your company has paid for the flight, then you personally, shouldn't be able to benefit from compensation.

If your flight is part of a package then the contract with the airline is between the tour operator and the airline, not between passenger and airline so how on earth can a passenger in that scenario claim compensation.

I've got no axe to grind as I have no claim to make, nor, actually would I ever make a claim, since I come from a generation where sh1t happens and accept it as such. But how can it be that individuals claim extract money from the airlines so easily?

[Hotel Tango]

I'm no legal eagle so I may be talking tosh, but, put simply, I would suggest that it's on the basis that the airline has entered into a contract with the person whose name is on the ticket. Furthermore, it is that person who will have directly endured the hardship of any delay etc.

[FlightDetent]

My understanding is that this is between the boarding pass holder and the airline whose name is imprinted on it, that simple.

I had claimed directly from J2 after an inflight return (probe antice precluding arrival into cold IMC destination) that created 7 hrs delay. Got the meal voucher too.:E

Feel free to claim, IMHO. Many too often are sound operational requests trimmed for cost / benefit reasons, and the compensation bill does strengthen line personnel's arguments.

[ExXB]

The Regulation refers to 'passengers'. If dad paid for the ticket, it is still the kid that is entitled to the compensation. Only the courts can say if the passenger has any obligation to the purchaser, but the regulation itself does not.

From the preamble.

(5) Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours.

Article 3

5. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and 2. Where an operating air carrier which has no contract with the passenger performs obligations under this Regulation, it shall be regarded as doing so on behalf of the person having a contract with that passenger.

[PDR1]

Surely a 5-year-old kid cannot legally enter into a binding contract, so the compensation would be to his/her parent/guardian or whoever wqas in loco parentis at the time?

PDR

[ExXB]

Perhaps, but the Regulation provides rights to the passenger. Other laws may govern how compensation awarded under the regulation is apportioned.

PDR - this is just another example of extremely poor drafting by the commission and the parliament. Intentionally left vague is the best way to describe it.

[Ancient Observer]

ATN,
I have a different opinion. I was at LGW at dawn one day, airside, to go on a "packaged" holiday. The airline just cancelled the plane. No announcement, nothing.
It took 3 hours to get out of departures and retrieve our luggage. (That's a very long story....too boring). Longer to get back to the car park, and retrieve our car. And we had to pay for the full stay. Then 2 more hours on the M25 at exactly the wrong time.

To credit the airline, but not the package Co., the airline paid the EU261 money to the package Co. Quite quickly. The package Co. sat on it, hoping it was theirs, but knowing that in law, it was ours..

All this we only found out because I was an acquaintance of one of the airline's Directors, and I asked him to look in to it.

Why should the MD of the package Co get a positive hit on his budget/profit? He was in bed at the time. We ended up with a holiday that didn't happen, ruined schedules and you can imagine the rest.

We deserved something, and the airline deserved punishment for its (then) inability to run a piss up in a brewery.