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?

@Kjpt140v yes it is really frustrating that despite even an aviation lawyer saying that legally it is the passengers, many attempts at explaining the law and work policies where the employee receives the compensation not the employer who paid and that it is got a refund people still think it should be divided by those who paid

because that means those who paid are profiting from others discomfort - the holiday they paid for they went on. The birthday present is basically now sorry you had an awful experience at the end but we are going to take that money and split it between us

Sorry this question was to @Kjpt140v , did not mean to quote you @Putting .

Not this.

Was the non paying adult on a different flight and therefore wasn't inconvenienced by the delay?

I’ve changed my mind.

Reasonable costs incurred from the delay should be met first. The remaining amount should be split in proportion for the amount paid for the holiday.

But you’re just totally making that up. Do you know what compensation actually is? Because you cannot distribute it in whatever way you make up. The lead booker had ticked a bid to confirm they have permission from all passengers and to agree that they will distribute it to each named passenger. You’re openly saying that you’d went away, thought about it and changed your mind….and you’ve settled on “commit fraud and theft.”

The lead passenger needs to tell the rest of the group that £520 each thas been received, before one of the party tries to claim the compensation they're entitled to from the airline and the deceit is uncovered.

Legally everybody gets £520 in compensation.

Whether you as a family want to decide to effectively convert that compensation into a refund by splitting it according to who paid is something you'd need to discuss together. Although that is tricky when two of the recipients are children because they don't have the same understanding of what giving up their portion means.

If you go away together most years, I'd be inclined to suggest keeping all the money together, ring-fenced, and use it for the next holiday. Everybody benefits, and you neatly avoid how it's split (as long as nobody has a baby or divorces in the interim!).

Did the amount of compensation paid out include the children as well?
Really, all who were travelling should received a share as the compensation is paid for the inconvenience of the delay not a refund of flight/holiday costs. Maybe split it equally between the adults leaving the children out of the numbers.

Yep because they were passengers and suffered the delay and legally the money is theirs

People who paid. No one else

The compensation is for inconvenience. Everyone was inconvenienced, not just those who paid.

Compensation was paid £520 to each person going, so each person going gets that £520.

It amazes me how 18 pages in and people still don’t get that legally it is to each passenger and to at least not to suggest splitting it that way is theft

or that it is not a refund as the holiday they paid for was taken

Nope. The money is given to all travellers by the insurance, regardless of who paid. Because had each family out in their own claims, they would still receive the compensation per person.

This is a nice compromise

everyone wins here

I bet you'd be fucking pissed if you're familiy if 5 got nothing,. incurred costs and your sister kept £2.5k+ of compensation because she's paid for the holiday costing her £1500.
And I doubt very much if you had independently claimed you'd give her the £2.5k+

Stealing from your own family and children?! Wow!

I would say it depends on the inconvenience: did the parents have to fork out extra food money or accomodation due to the delay? If so you could consider adding to their compensation (but not full amount say 100 or whatever needed to cover the children). If not then 100% share amongst paying passengers only.

So you would steal from family members just because you happened to pay for the holiday which you went and received the benefit from

and any extra expenses can be claimed on insurance

that said I do think taking the money and putting it towards another holiday makes sense

Reasonable expenses can be separately claimed for. Each passenger is entitled to £520 compensation for their inconvenience and to be compensated for their reasonable expenditure on things like food and accommodation.

If some passengers have incurred expenses as a result of the delay, they need to claim for them from the airline, not pinch money from the other passengers.

This is still going?! Sheesh.

By the way the airline is obliged to feed you during the delay, in addition to the £520. Normally they give vouchers for airport restaurants. So “forking out for food and drink” isn’t a thing.