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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Who gets to keep the compensation?

211 replies

Memba · 04/11/2023 15:13

This may well be hypothetical as airline hasn't agreed to anything yet but in the event that they do, who gets the money?

Situation as follows... DH and I took DC1 (18) and DC2 (15) overseas for a week for half term. Each DC brought a friend (same ages).

Both friends parents paid for their flights at approx £250 each. We paid for accommodation, car hire and activities/food/drink. They were effectively our guests.

Return flight was delayed by over 24hrs at fault of airline. I have checked and we are entitled to 600euros compensation per passenger. I have submitted claim on behalf all passengers.

In the event that the airline pays out, who gets the compensation?

Each passenger gets 600 Euros meaning friends parents make a profit on the holiday? Or we refund value of flight and keep the rest as contribution towards the cost of the trip.

FWIW DH and I are both financially disadvantaged by delay (self-employed) so actually lost income. The teenagers had no loss of earnings but got a free bonus night in a star hotel!

So, my AIBU is, in the event that airline cough up, do keep the majority of the compensation?

YANBU - refund flights to parent of each teen and keep the rest
YABU - give each set of parents the full €600

Or some other split?

OP posts:
WhyDoIBloodyBother · 04/11/2023 16:13

BellaEllaWella · 04/11/2023 15:17

If they paid for the flights then it’s their compensation for the 24 hr delay they endured - I don’t think anything else Is relevant

This.

You had taken them as guests, you don’t get to claw money back now someone else is paying out.

moetmoet · 04/11/2023 16:14

I think it unlikely you'll get £600 per passenger!

wednesdayworries · 04/11/2023 16:15

ItsThatTimeAgainXmas · 04/11/2023 15:21

This! People take the 'moral' highground a lot of mumsnet. But in real life the parents will be delighted to get the £250 back and don't mention the rest.

100% agree!

Refund the cost of the flight and that’s it -
Theyll be grateful for the £250 and lucky actually to get it back for a small delay, which i’m sure an 18 and 15 year old weren’t bothered or traumatised by!

Ohnoooooooo · 04/11/2023 16:16

Well the money is I am assuming not just for the flights but to cover expenses for the extra 24hrs? So you would need to deduct the expenses you paid for them during this period from that amount because you offered to pay for x number of days and this increased by 1.

MissIndecisive2023 · 04/11/2023 16:17

Ohnoooooooo · 04/11/2023 16:16

Well the money is I am assuming not just for the flights but to cover expenses for the extra 24hrs? So you would need to deduct the expenses you paid for them during this period from that amount because you offered to pay for x number of days and this increased by 1.

I thought OP said that the airline paid for these expenses?

caringcarer · 04/11/2023 16:17

If the guest were not there you'd be paid €600 each. That's what belongs to you. You should have given the parents who paid for the flights the opportunity to claim compensation for their DC themselves.

anyolddinosaur · 04/11/2023 16:20

Everyone was delayed, everyone gets their own refund. I'd be pretty pissed off, though, if the other parents didnt either take my kid away or at least buy some sort of thank you gift. Fortunately we've only taken children with decent parents so they have always done something.

MissIndecisive2023 · 04/11/2023 16:20

I can’t believe those saying that OP should only offer the cost of the flight and pocket the rest. If the parents of the friends had booked themselves rather than the OP booking the flights, then they would be making the claim themselves and getting the full amount. Why on earth should OP be allowed to keep compensation that is meant for each passenger? Honestly, the mind boggles.

Crumpleton · 04/11/2023 16:22

Fortunately not had this happen but I thought compensation was given inpart for a persons part in having to endure the delay.

I would give each of your DC's friends the full amount minus any out goings that you had to pay for while being delayed at the airport....eg food/drink.

Soffii87 · 04/11/2023 16:24

If I were the other parents I’d tell you to keep the rest, for looking after my kids and feeding them all week! If I’m getting the flight money back it’s stilll been a free week childcare and I’ve saved on food and hassle etc etc

DNLove · 04/11/2023 16:25

Personally I'd give other parents a choice - offer the full amount back to the parents of the children or suggest you keep them full amount and use it to take the kids away again. You've enough for a couple of night in centre Parcs or night or 2 to theme park over Christmas break.

Jux · 04/11/2023 16:25

You were prepared to pay for everything except flights, that's what you did. Why should you then get a load of dosh you're not entitled to? Give it to the parents of each child WHO WERE YOUR GUESTS and were also inconveninced whether they minded or not.

So you could do with the extra money. I expect their families could too, unless they're rich as Croesus. Maybe they'll give you the extra as thanks.

Thedm · 04/11/2023 16:26

The compensation is an apology from the airline for the waiting around and inconvenience. The kids also suffered the waiting around and inconvenience.

You and your husband are being compensated, and no doubt you will keep the compensation money which should go to your own kids as well. Why on earth do you think you’re entitled to the compensation for the other kids as well?

Your finances and loss of income aren’t their problem. You’ve got your compensation. Their compensation goes to them, not you.

44PumpLane · 04/11/2023 16:28

Everyone keeps saying that the compensation should be for those who endured the delay, but I'm assuming most of you are suggesting OP should give the compensation to the parents of the kids they took away rather than the kids?!

From my perspective I think you probably have to offer the compensation back to the other parents (or the kids if they paid for their own flights), but honestly if it was me there is no way I would accept more than the cost of the flights back!

Doggymummar · 04/11/2023 16:30

Mumof2teens79 · 04/11/2023 15:34

You keep whatever it cost for the extra night accommodation and food etc, and give the rest to the people that paid for the flights.

Give it to the travellers, not who paid it was travelling people who were inconvenienced

Soontobe60 · 04/11/2023 16:30

BrianWankum · 04/11/2023 15:28

YANBU

Bit crazy for the other parents to profit if it didn’t financially disadvantage their kids.

The OP will get her own compensation though. If they keep the compo then THEY are profiting off someone else’s delay.

Soontobe60 · 04/11/2023 16:34

OP, you say both you and DH lost income as youre self employed. How much did you lose? Because if the compensation you’ll each receive doesn’t cover the loss of income, you must earn an awful lot in a day! You do sound grabby TBH

Itsjustagoogleaway · 04/11/2023 16:35

Each passenger gets the compensation as its compensation for the flight.
your kids friends were your guests.

maddiemookins16mum · 04/11/2023 16:35

What was the cause of the delay?

That amount of compensation is ridiculous and I think disproportionate to the ‘losses’ incurred.

ACynicalDad · 04/11/2023 16:39

I would give it back to each passenger, be that parent or child. You were happy to pay it out and this is just a bonus. You will make a decent amount too anyway.

corblimeylove · 04/11/2023 16:40

Just give them their compensation. It was your choice to fund the trip. Give the compensation to the passengers disrupted - that is what it is for not a nice little bonus for you. Jeez why would you even have to ask

Spirro · 04/11/2023 16:40

The compensation is intended to cover the financial cost of the delay. So if you forked out for extra food and entertainment, that’s what the compensation is intended to pay you back for.

The parents of the other kids haven’t incurred any additional expenses that need to be covered. You have. Therefore the compensation is yours. Honestly, I would just pocket the lot without thinking twice.

TimeForACider · 04/11/2023 16:42

Just give the parents the £250. As you said, you lost out on work because of this. The parents are lucky to be getting the £250 in my opinion. They haven’t been financially disadvantaged in any way shape or form, whereas you have. If they don’t like it then they can sue you they won’t 😆

Chickychoccyegg · 04/11/2023 16:43

Its not for you or the parents, it belongs to each passenger for the inconvenience of the delay

KingsleyBorder · 04/11/2023 16:44

Was the return flight into the UK @Memba?

If so, your right to compensation is under UK 261 (the Retained EU law version of EU Regulation 261/2004). It’s more or less the same as the old EU reg but just for info the compensation is denominated in GBP not Euros. That said, it is the equivalent of 600 though-£520. This is assuming the flight was more than 3500km.

If you flew into an EU country then the claim is indeed in Euros.

You do seem a bit confused generally. You never had any right to a refund because the flight was eventually operated and you took it, so not sure why you thought you were applying for one? You should have been given a document at the time of delay that set out your rights. You could have opted for a refund when the delay went over 5 hours but would have had to make your own way home.

The 261 compensation is a fixed amount and is designed to compensate for the inconvenience of the delay, it is controversial in that it does often far exceed the flight cost, which is what seems to have happened here. The EU’s idea was to give passengers quick access to compensation without the hassle of proving their actual losses, and also to incentivise airlines not to cancel flights without very good reason.

You do say, rightly, that they have not yet agreed to pay. You say the delay was the fault of the airline but have they admitted this expressly? It’s possible they will invoke the defence that the delay was caused by extraordinary circumstances if it was something like weather, air traffic control issues etc (lots of case law on this). It may all be a moot point!

The compensation money belongs to the passengers who travelled, regardless of who booked and paid for the seats. The airline may well pay the full amount to you for convenience but you’ll have to sign a release on behalf of all of them, after providing authority that you have their consent to do so. I’d need to check if the 15 year old can consent directly or whether has to be via parents.