Who should receive the compensation?

[Olanabunny]

An extended family holiday booked to celebrate somebody's big birthday
Birthday person's cost for the holiday was spread between the rest of the people attending. 2 free child places were also applied
Flight was significantly delayed
Compensation was claimed by the lead of the booking and received today.
How should it be split?
Should the children with a free place be awarded it? Should the birthday person receive a share even though they didn't pay anything towards the holiday or should those who paid for their holiday receive a portion of it back?

Idiotic POV.

My older DC would spend the money on slushies, milkshakes, slime and plastic gonks.

My younger child would chew it.

Please read my posts again. I mention OP.
Ergo not OP.

As a mum of 2 children, I would be embrassed taking £1000 .

As said how the refund is sorted , if everyone agrees means it is no illegal...
The children went free, it would just mean we all got a refund. Happy days.

No I disagree. It's acknowledging that the product you paid for (something on time) was not delivered, and you received instead a downgraded product (inconvenient) that didn't warrant the price you paid.

Refund to those who paid, in the proportion you paid.

Oh sorry, I didn't see the @ you put on there, it directly followed mine and seemed appropriate to what I said.

It's not idiotic though is it, they are named on the claim, it would be up to you to put it in an account for them and let them use it when appropriate on what they want.

It's not up to the parents to just spend it on their behalf how they see fit, it isn't their money any more than it is the lead bookers.

Your post reads like you are the OP with a failed name change to me.

Apologies to OP and yourself if this is not the case.

It is selfish to name the children to purposefully gain the extra £1k. The lead booker didn’t have to do this. If they didn’t think the compensation was owed, they didn’t need to be so money grabbing and greedy and claim it. Everyone was presumably happy to pay at the time of the holiday and now you’re worried they’re “out of pocket”. That part is unrelated.

I would be happy for my young relatives to have the £520 each. Life is hard, it could go in their savings or buy them shoes or a day at a theme park. If you love your family, surely you’d be happy to see the younger generation benefit.

Really this is just a question about your moral compass.

Your children get a free holiday.
You could ...
A . Take £1000.
B. Make sure everyone gets a refund of what they paid....

It is not a refund, it is compensation.

In my opinion, taking money the law says is for the children is immoral and actually quite shocking that people think it is ok. It is money in their name.

I am not the OP.

Yes your claiming compension for the group.
It was a group booking
So you refund as a group.
This is not stealing money from a child.
It is morally making sure OPs family are not out of pocket.
No one was hurt.
Family should trump profit. Always.

I've read the thread and understand it's per person legally, but I would be inclined to suggest it be split by family, so effectively every adult gets a share, children don't. The legal position feels unfair given the kids were free.

it should go to the person who was inconvinienced, refunds go to those that paid if there is any

If everyone has been inconvenienced i would split it between everyone including the children.

Eh? Bit of a leap there!

Refunds for costs should be divided between those who paid, compensation for inconvenience should be shared between those who were inconvenienced. Which was this?

Oh come on! It's been said about a hundred times in the thread that it's compensation for delayed flights, not a refund.

£520 per person. Kids are people too. All should be compensated equally.

By the logic of quite a lot of previous posters who say split compensation only between those who paid.

Suppose you took a friend out to dinner and paid. There is an accident in the kitchen and your friends meal ends up with a shard of glass in it. Your friend doesn't see it and swallows the glass shard, ends up in hospital with internal lacerations. The restaurant admits liability and their insurance pays compensation to your friend. You get to keep the compensation because you paid for the food?

There is very much a distinction between a refund and compensation.

Let's do a different, more apt logic then:

Suppose you took a friend out to dinner and you paid, their meal was a little later than yours so they were given £100 as compensation, they could choose to give you some of it or offer to take you out again and they pay next time, but instead they put it in their pocket and let you pay for the whole meal at the end without a second thought.

Same situation as compensation vs refund, but they wouldn't even be there if you hadn't treated them to that meal in the first place.

I would give everyone the £520 as they are owed it legally, but if I was one of the three people benefitting from it after not paying anything out I would feel guilty and would want to share it or do some nice gesture to somehow share that good fortune back to the group.

In that case @sandyhappypeople I would hate the compensation 50/50 and let the friend still pay as that was the arrangement.

This is pretty much how the law of negligence began in Donoghue v Stevenson came about. A friend bought Mrs Donoghue a ginger beer manufactured by Stevensons. After drinking half of it she found a decomposed snail in it and made her very unwell. Because she hadn’t bought it it went to court which established a duty of care and the law of negligence

If everyone agrees that's absolutely fine. What isn't fine is the lead booker making that decision on behalf of everyone else without consulting them.

Those who paid

It would be a kinder gesture to allow the children to have their money to spend in the future. Why wouldn’t want the children in your family, who you presumably love, to have a little surprise nest egg?

But they only compensate people for inconvenience because people have paid.
If you booked a train and it got cancelled you'd get compensation because you paid money, if there was someone else inconvenienced by it but they hadn't paid yet they don't get compensation for being inconvenienced.