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?

It's not a refund .

It's a pay out for inconvenience.

It really doesn't matter WHO paid for the tickets.

It matters that X people were affected, so X people got Y amount of money.

Each family could have applied separately and they would have all been given the amount according to party size.

So give everyone their due compensation! Let's not encourage stealing money from people.

Why were children free are they babies?

Yes i agree

If it's compensation, it's paid out due to inconvenience. So everyone who was inconvenienced should get it. So the whole party.

So if it was a weeks holiday at £700 per person, 9 pay 12 travel..
1 + free person £700. £1040 refund
2 +2 free children £1400. £2080 refund
2 people £1400 £1040 refund
2 people £1400 £1040 refund
2 people £1400 £1040 refund..

I would still want us all to refunded... giving up my extra 600 gain . If I had the 2 children.
But looking at the figures If the parents of the 2 children and the birthday person wanted to gain extra, I would shrug and say ok.....

Stop saying refund.

If OP is a parent of the kids and feels awkward about the extra £1040, it would be a generous gesture (but by no means necessary) to offer to split the amount equally among the couples. But in any other situation, the only legal option (and the way to avoid potential misunderstandings) is to divide the compensation per person as awarded, then if someone feels they have received too much it’s up to them to sort it out.

Everyone was inconvenienced by the delay so everyone should be compensated, regardless of whether they paid or not!

It's. Not. A . Refund.

Lots of kids get "free" places on package holidays.

All people that were affected by the delay should get a share. It's nothing to do with the initial cost or whoever paid. It is compensation for the flight being delayed.

I’m sure every passenger of a delayed flight are legally able to apply for the compensation. I have done this and obviously claimed on behalf of my children. but the other families on the same booking claimed for their own family. For this reason, the compensation (im sure the flight delay compensation law is fairly clear ) that it’s per person and not who paid for the booking

the people who paid for the holiday agreed to do so out of their own kind gesture therefore compensation for the delay should not clawed back as a refund. the holiday was a birthday treat but has now been paid for by the airline so should they confess they didn’t have to pay as much but they still had a holiday. How much of the holiday was paid for from the compensation in the end? Should the people who paid for it now be in “credit” versus those who didn’t pay?

“Free kids” places
if prices for free kids places were as clear cut, it’d cost the same for two adults with or without children. But there’s always some mark up or hidden charge.

We stayed at a London hotel last week that advertised kids go free. My room with children cost an extra £200 for the two nights (versus the room without children). If it was truly free for the kids places then surely both rooms would cost the exact same price.

Delay compensation is exactly that - compensation for the inconvenience caused by the delay. It has nothing to do with who paid for the holiday. If the compensation is claimed ‘per person’ (as I expect it was) then legally every person who experienced the delay (including children - who may have found it harder to understand) are legally entitled to it.

if you ended up in the small claims court over this that would be the result - it’s completely separate from the cost of the holiday.

Exactly this.

So @Olanabunny did you pay it out equally or not?

Personally I’d cover any expenses paid out like if hotel stays were required and then divvy the rest out per person as it’s kind of money for nothing and would mean more to the kids who were equally impacted by the delay as the adults.

You took the time to break down the sums but continue to ignore the fact it is not a refund?!

I think it should be divided amongst those who paid.

Why? We're the people who didn't pay not inconvenienced or incur costs?

In the same vein then why should they gain money when they didn’t pay any money out?
personally I would t expect to be given money when I wasn’t paying in the first place!

It’s got nothing to do with who paid. It’s compensation for inconvenience. They were all inconvenienced so they all get compensation.

They're being compensated for spending hours sitting in an airport, it's got nothing to do with paying money out.

The birthday person is free to refuse the money and distribute it amongst the payers. Its just they should be offered it.

Same with the parents.

You personally completely misunderstand the whole point of this compensation regime. That’s great though, because the cost of paying it cripples the airline, so if people like you don’t claim it then more on their balance sheets to keep fares down!