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?

Ffs compensation (which this is following very strict EU guidelines) is not a refund. It matters not who paid because it is not about a contract. It is compensation for the delay that occurred.

lets put it another way - no one actually paid for the children (apart from a nominal admin fee) so had they not been there the price of the holiday is likely to be the same. But crucially the compensation would be 1040 less as only 10 went.

So why should those who pay deserve it - it is theirs under the law

It's obviously to be paid to the people who actually paid for the holiday, and if any paid different amounts, it needs to be proportion to how much they paid.

People who paid nothing or paid less than others shouldn't be receiving the same as those who did pay.

Surely it's obvious?

No obviously because the compensation goes to the person who was harmed.

Presumably if someone else felt harmed by it, maybe developed emotional trauma and anxiety about eating out they could take their own case for compensation, which they probably wouldn't win of course.

But if someone swallowed the glass the compensation should be paid to the person who swallowed the glass because that's what the compensation is decided on, pain, suffering, medical bills etc.

Shared between those who paid, I’d say.

Alternatively you could suggest using to all have a lovely weekend together somewhere?

I think that would be a fair way to do it personally, but it would be up to the person who was entitled to the compensation to offer that, not up to the person paying to take it off them, I think it takes a certain type of person to benefit from someone else's generosity and pocket it without a second thought.

There is a lot of people on here saying not only are the people who didn't pay entitled to the compensation (true and fair) but should keep it and stuff the people who paid for everything (IMO selfish).

The compensation that has been paid is for the inconvenience of being delayed and should be split equally by 12.

When we went on holiday in June, our flight home was delayed and we received compensation, the airlines form we completed to make the claim asked whether I had permission to claim on behalf of the other passengers, in our case the compensation amount was more than the flight cost.

To be honest that is the only way I would say fair enough, if my family member were not so well off and the kids would genuinely benefit from it, or I knew they would genuinely save it for the kids and it was discussed it wouldn't bother me at all.

But if I was the parent in that situation I'd ask the group and say does everyone want to split this money we've received for the kids or am I okay to open a savings account for them with it? I would then expect my family (knowing them the way I do) to give me the go ahead to do that but I would never assume, and the money should be saved for them to use.

I couldn't in good grace take it and spent it on myself as a parent, knowing the only reason I got it was because everyone else paying top dollar meant my kids could go free.. but I think there's plenty of people that would do that.. I'd be interested to know how it's all playing out for OP!

But they did receive what they paid for - they paid for and went on a holiday - you cannot refund that because the contract was fulfilled. As was getting them home on a plane.

the money is for the delay and has nothing to do with the holiday

Not true. Babes in arms, therefore flying without a seat and not paid for, also get the compensation.

Children flying on a “child goes free” ticket also get compensation.

It isn’t at all tied to what you have paid. Babies carried and sat in their parent’s knees are included in compensation payments for the full amount.

No. My work pays for my tickets, but if there's a delay or cancellation I get the compensation, because it is me that is inconvenienced. It's not just a work policy, that's the actual law as previously explained by an aviation lawyer in this thread. The compensation goes to the passenger, not whoever paid for the ticket.

No. Have you read the thread? Do you even know what compensation is?

It is nothing to do with who paid for what.

No, I think stealing is wrong.

I appreciate that you might find it tempting because children are easy victims, but that obviously doesn't make it right.

This is my take on it too

I’m glad you said that, I was about to post the same story. The question the court had to decide was could the cafe be liable to someone who was not a party to the contract to buy the food. Answer- yes!

(Though with UK 261 compensation the obligation to pay is contained in statute not the law of tort)

We, yup, fare dodgers would not get compensation, that is true. Or are you talking about someone who plans to buy a walk-up ticket but doesn’t go to the station because they see online that the train is delayed? Surely you can see that would be completely impossible to administrate- how would you prove you planned to travel? You have to draw the line somewhere.

And that never happens with plane tickets because they all have to be booked in advance.

If they had walked down the plane and given everyone, including the children, an envelope with 10 £50 notes in, would you have taken the envelopes off the birthday person and children and redistributed the contents?

I would split between all, not just the payers, as all were inconvenienced.

So if I'm correct

12 people went away.

The price was based on 10 heads.

9 of those paid full price and then the 10th persons cost was split 9 ways?

So for example it was £10k

That was 1k per person

So 9 people paid £1k each plus 1/9th of the £1k (£110 ish)?

If so then the compensation should be split 10 ways. Each of the 9 people get 1/10th and then each of the 9 people get 1/9th of the 10th share.

If that makes sense?

The way I see it is of the parents with the 2 kids paid no more the couples paid they shouldn't get twice as much compensation.

If the person on a coupe only paid for themselves and 1/9th for their partner they also shouldn't get equal compensation as those who paid for 2 people and then 2/9th of the extra place.

The only way i would deviate from this or think you should is if the delay meant those people paid out equally for accommodation and food etc.

Then the maths would get even more complicated 😂 - because I still wouldn't give a free child a full share!

I still wouldn't give a free child a full share

Why? They were inconvenienced as much as the others.

Sadly though as the compensation is technically per person regardless of if they were free or not those with children could make a fuss!

£520 per person is the statutory maximum payment. The provider has paid out this for each of the 12 people, so each of the 12 people should receive their rightful compensation. It has nothing to do with the payment for the holiday. If less is given to any of the persons, then this is stealing, as they wouldn't have received those funds should the free child not have been present. It is unethical to keep their money.

It has been paid out based on the amount of people travelling, not those who paid, which, of course the company paying don't know/care about.

Clear-cut then - every person gets an equal share.

The way I see it is of the parents with the 2 kids paid no more the couples paid they shouldn't get twice as much compensation.

It has nothing to do with how much anybody paid, it has everything to do with how they all experienced the same inconvenience and delay. They all get the same.

There isn't anything technical about it.

Each passenger affected by the delay is entitled to £520 compensation for the inconvenience.

If, for whatever reason, a passenger chooses to give some or all of their compensation to someone else, fair enough, but its not for anyone else to just decide to take it.

No it’s not obvious. It’s compensation for inconvenience. Everyone was inconvenienced so everyone gets compensated