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It's so good to see Pprune being used in such an efficient & friendly way to give assistance to someone who has been stuffed by an airline (well nearly!)
Hope that Dogwatch's son soon receives his due compensation.:ok: |
Do low-cost carriers overbook?
AVMAN I would imagine that since the fares are non-refundable they have no need to overbook. The seat is paid for whether the passenger turns up or not. And the temptation of low-cost carriers to get that bit of extra income on those empty-but-paid-for seats is just too much to resist.:rolleyes: |
Business travelers in particular often find it cheaper to book multiple low-cost non-refundable tickets than buy a flexible ticket with a major carrier. A great little airline, before the wooden-headed, wooden-footed people at KLM sold it to the odious O'Leary. |
Result
My son received an email from Canadian Affairs as follows:
Dear Mr ......... You are indeed entitled to EC 261/2004 but only now that you have made reference to them and requested it. They do state that it is only when referred to that you should be entitled. As you have made reference to and directly requested compensation in line with said regulations I have cancelled your free flight offer. As full and final compensation you have been awarded €600 which equates to £480; this has been refunded to you via your original method of payment which will take no longer than 10 days to process. Regards ____________________________________________________________ _____ It is interesting that they state you have to mention the relevent legisalation in order to receive financial compensation. |
Dogwatch,
That is not the case. The Regulation requires the airline to provide all affected passengers with a copy of their rights at the time the situation occurs. The regulation sets out a number of things the airline must do when a situation occurs and, in the case of denied boarding, that doesn't mean waiting until the customer formally complains and mentions the magic phrase. Can I suggest that you forward the exchange of e-mails to the AUC (I provided the link in a previous post). This airline has breached the regulation in a number of ways and they should, at least, have their knuckles wrapped by the UK NEB! Nothing in it for you to do so, but it may help the next passenger who finds themselves in a similar situation, and doesn't know the magic phrase. |
Sorry to but in.
I've been reading this thread with interest but I am a bit confused.
If the airline, Thomas Cook, is the entity that is required to pay the compensation, how come it (the compensation) and other service recovery attempts came from the tour operator, Canadian Affair? Or is Canadian Affair an airline, similar to how Travel City Direct was an airline? This business about having to specifically ask for EU compensation also sounds quite odd. I used to work in customer relations at BA and never heard of such a thing however, I'm no expert on the subject. |
BEagle
A great little airline, before the wooden-headed, wooden-footed people at KLM sold it to the odious O'Leary. I recall using Air UK once to AMS (I think) and reading the in-flight rag. The MD was boasting about how much money they were making and how brilliant they were. I recall thinking, "He's looking to get bought up." and indeed he was! |
"very nice when it was Air UK"
Hmmm I can't let that one go by. I used to work at Stansted and used Air UK to fly on business - in the end I had to stop using them, I would rather drive to one of the other London Airports rather than risk being late for a meeting or not turning up at all. They were just too un-reliable.
You can say what you like about the current Lo Cost carriers, but I use them a lot for both business and pleasure and they put the old Air UK to shame. Good riddence I say. |
Well done Dogwatch! Question for the panel...
I am due to fly MAN - YYZ with Canadian Affair/Transat/Thomas Cook in a months time, we booked through Transat... Does that mean we may be more likely to be bumped off than if we'd booked through say TC? I know it's too late now but my wife reckons we should get to check in 3 hrs in advance not the usual 2 - will that even make any difference? Will anything we do make any difference or is it luck of the gods? I know it's unlikely but it does seem to be a regular occurrence with this service :uhoh: |
L4key;
From Dogwatch's original post: My son was due to fly from Manchester to Toronto this morning with Thomas Cook, he arrived at checkin two and a half hours before the flight to be told it was overbooked and it was unlikely he would fly today. If you are worried, get yourself a copy of 261 and carry it with you. Good luck! |
Dogwatch
1 - 600€ is £495 - see Currency Converter | OANDA very naughty to try to stiff you on the FX rate 2 - Cash the cheque, write a letter thanking the tour operator for their kind service recovery gesture, which you accept without prejudice to your EU rights and then go after TCX for the 600€ - an ex gratia payment from the tour operator does not cancel your son's rights :}:}:}:}:} |
The concept of a "legal" entity in charter operations
"For the purposes of this Regulation: (a) ‘air carrier’ means an air transport undertaking with a valid operating licence; (b) ‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural,having a contract with that passenger" For as long as the actual Air Carrier fulfills their contractual obligation towards their principal there is no problem. Seldom does a (Charter) Air Carrier have the possibility to adjust physical capacity in an upwards direction, which is all well and good; however aircraft substitutions of an equal or lower physical capacity do on occasion occur, and in the latter case are covered by the terms of the Charter Contract with the Principal (read: Legal Entity). Although it is the Air Carrier that might have to take the first blow from, as in this case, customers who have been denied boarding, they will in turn refer the matter to their Principal, who is responsible for managing all and any claims against the Contract of Transportation against which the travel arrangements have been sold. It is not uncommon for customers to have take out, or automatically have insurance against this kind of unfortunate event. It's never fun to be subjected to Denied Boarding and no amount of compensation in the world will at that moment be considered as "fair and reasonable" when watching the aircraft pushing back from the Gate. All the best, PB (former 10-year veteran Customer Relations Manager, for a major Flag Carrier with a large cross on the aircraft tailfins that went bust in 2001) |
pappabagge
I don't know if I am misreading your post, but the pax should not need to speak with the tour operator in this instance. If the tour operator (A), who is the principal, oversells the flight, then the operating air carrier (B) must apply the denied boarding rules and pay the compensation to the passenger within 7 days. B then has a claim on A to recover their outlay, but the passenger is out of the loop. Post 15 explains. |
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