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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Who should receive the compensation?

447 replies

Olanabunny · 20/08/2024 23:16

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?

OP posts:
rookiemere · 21/08/2024 08:03

@WhatapityWapiti thank you I skim read so apologies.

Ok then I think it's simple, you split it as it was awarded.

TickingAlongNicely · 21/08/2024 08:05

If it had been 5 separate bookings each couple would have got just over £1k, the family £2k...

The free child spaces are acknowledging the shared accommodation usually?

How much did the holiday actually cost?

Backtoanoldname · 21/08/2024 08:05

Olanabunny · 20/08/2024 23:30

Booking was as follows

Jane & John

Dave & Sarah
Chloe and olivia- free children

Peter & Paul

Helen & Craig

Emma & Jack - one is birthday person

Compensation has been paid to lead booker at £6,240 - £520 per person.
Should this be distributed as such or as £693 per paying adult?

I was going to suggest buy a meal out together - but this would feed a village.

What about a weekend away together next year?

Memba · 21/08/2024 08:07

Hello @WhatapityWapiti

I think you've name changed but I thought you might be the same posted who gave me excellent advice last time 😄

Yes, compensation was paid very quickly at £350 per person - your detective work was correct and it was indeed the Canary Islands but just under the mileage threshold for the higher amount.

The 18 year olds kept their own (despite not paying for their own flights!) and put it towards post-A level holidays. In the case of the younger teenager, I gave it to the parents, who were delighted and insisted on taking all of us out for a slap up meal. I kept the compensation for me, DH and our younger DD and put it towards this year's holiday. I also made a claim for out of pocket expenses (food, drink etc) for the 6 of us which I kept.

Thank you for taking the time to explain this topic so clearly. I was mortified at being accused of being grabby and thieving, but like most posters on this thread, was thinking of it in terms of a refund on the holiday rather than compensation.

Ivehearditbothways · 21/08/2024 08:07

Dragonsandcats · 21/08/2024 06:44

I’d exclude the free kids and then split by adult attending.

Why? This is legally mandated compensation and the amount is also a set amount per person, which includes children. This has been ruled in court.

It goes to each person. When making the claim, you have to say you will give it to each person. Why do children not get it, in your opinion?

CoastalCalm · 21/08/2024 08:12

Split per person if that’s how the compensation has been worked out - each person was equally inconvenienced including the children

FinallyMovingHouse · 21/08/2024 08:13

My gut reaction is to split it 5 ways, as per your grouping - a share to each adult/parent couple. It's for the inconvenience, and that way, each 'group' feel that they've had some money back and it benefits each family.

anyonesellinganark · 21/08/2024 08:15

Why don't you split the £6k between the 10 adults and then the final £240 for the kids?

Ivehearditbothways · 21/08/2024 08:16

anyonesellinganark · 21/08/2024 08:15

Why don't you split the £6k between the 10 adults and then the final £240 for the kids?

Because the lead booker will have confirmed in the application that they had permission from everyone to claim on their behalf and will have agreed that they will distribute the funds as legally stipulated.

It goes per person, including children. Doesn’t matter who paid. No one should be pressuring the parents to give up their child’s compensation for the adults to get more, no one should judge them for it. No one should pressure those who didn’t pay to give up their compensation for others to get more.

HelpmyDCbecomefinanciallysavvy · 21/08/2024 08:17

If it states it has been paid per person then that is your answer. Distribute it accordingly.

2chocolateoranges · 21/08/2024 08:17

There’s 5 couples so for ease I’d split it between the 5 couples evenly, it doesn’t matter who paid you wee all inconvenienced.

Coconutter24 · 21/08/2024 08:18

Olanabunny · 20/08/2024 23:30

Booking was as follows

Jane & John

Dave & Sarah
Chloe and olivia- free children

Peter & Paul

Helen & Craig

Emma & Jack - one is birthday person

Compensation has been paid to lead booker at £6,240 - £520 per person.
Should this be distributed as such or as £693 per paying adult?

Why not just spilt it between the 5 couples. You were all inconvenienced.

WhatapityWapiti · 21/08/2024 08:18

Memba · 21/08/2024 08:07

Hello @WhatapityWapiti

I think you've name changed but I thought you might be the same posted who gave me excellent advice last time 😄

Yes, compensation was paid very quickly at £350 per person - your detective work was correct and it was indeed the Canary Islands but just under the mileage threshold for the higher amount.

The 18 year olds kept their own (despite not paying for their own flights!) and put it towards post-A level holidays. In the case of the younger teenager, I gave it to the parents, who were delighted and insisted on taking all of us out for a slap up meal. I kept the compensation for me, DH and our younger DD and put it towards this year's holiday. I also made a claim for out of pocket expenses (food, drink etc) for the 6 of us which I kept.

Thank you for taking the time to explain this topic so clearly. I was mortified at being accused of being grabby and thieving, but like most posters on this thread, was thinking of it in terms of a refund on the holiday rather than compensation.

Excellent outcome, thanks for the update! Yes, I am indeed the former “KingsleyBorder” 😀.

middleofnowhere666 · 21/08/2024 08:18

If 9 people paid for this holiday then its obvious the compensation total is divided 9 ways!!!!!!!

HelpmyDCbecomefinanciallysavvy · 21/08/2024 08:20

@middleofnowhere666 why? ? ??

Compensation is not a reimbursement of the cost of the flight it is for the delay encountered by all who had a place on the delayed plane.

The two payments are irrelevant to each other.

Ivehearditbothways · 21/08/2024 08:21

middleofnowhere666 · 21/08/2024 08:18

If 9 people paid for this holiday then its obvious the compensation total is divided 9 ways!!!!!!!

No, you are very wrong. How did you decide that? Because the law and regulations are quite clear and the person who claimed the compensation will have agreed to those terms and has to split it per person, all of them, not just who they choose.

HelpmyDCbecomefinanciallysavvy · 21/08/2024 08:22

Children have rights too! Hence why they were paid £520 compensation in their own right!!!!

sunnydayhereandnow · 21/08/2024 08:22

CasaBianca · 21/08/2024 07:53

The only reason the compensation is in the form of money is in recognition of the fact that money has been paid for a service and that service has been inadequate. The compensation directly relates to the expense, and that expense was not shared
Very good point. I vote for ‘split between paying adults’

No. The compensation relates to the expense and inconvenience of the delay, not the expense of the ticket. If an adult had a free ticket or a ticket bought without money (points) they would still get the same compensation in money, not points.

DoreenonTill8 · 21/08/2024 08:23

Starlightstarbright3 · 20/08/2024 23:31

I would still split between payers .. others already have a free holiday

This

GapYearFan · 21/08/2024 08:23

It seems obvious to me that the payment should be split between those who actually paid for the holiday.

The non-paying travellers shouldn't get a free holiday and a significant cash payout just because of a delay.

If additional costs were incurred because of the delay, then those should be covered first. Anything left over should be split equally between those who paid as a discount on the cost of the holiday.

NoSquirrels · 21/08/2024 08:23

As per other posters, I’d probably suggest splitting it per family group, so the adults all got the compensation.

A bit depends on group dynamics. My DSis’s family would be fine with this approach, my DB’s family not so much I guess - they’d want the kids including in the calculation. If my DDad was the birthday boy he’d insist his compensation went to the grandkids, probably. If it was my MIL she’d happily accept and think no more of it even if she hadn’t paid for herself. So proceed with caution and forethought, OP!

curious79 · 21/08/2024 08:26

Split between the people who actually paid - then everyone can have a free holiday

llamajohn · 21/08/2024 08:26

middleofnowhere666 · 21/08/2024 08:18

If 9 people paid for this holiday then its obvious the compensation total is divided 9 ways!!!!!!!

Oh, so if your sister took your somewhere on holiday for your birthday and paid as a treat to you. . But the flights were delayed and they paid £100 per person. You spent money on things like food or whatever, you'd be TOTALLY FINE with your sister keeping the whole £200?

HelpmyDCbecomefinanciallysavvy · 21/08/2024 08:28

The first thing and the most crucial, is that YOU are the passenger (not the people or organisation that paid for the trip), and therefore your rights as a passenger are what matters when flight disruptions occur. Airlines owe a duty to their passengers if they suffer delays or cancellations. Airlines must assist and compensate their passengers where appropriate (and not the person or organisation that paid for the ticket).

The law is clear so all those grabby morally dubious people saying keep more money for those who paid are enticing you to break the law.

Children have rights too! They were the passengers. It is their compensation money.

anyolddinosaur · 21/08/2024 08:30

It is for the inconvenience - and possibly extra expense for meals etc - the individuals suffered. Therefore it belongs to those people, not to the lead booker or anyone else who feels they have a right to it.

If I was the person who had not paid I might feel I had to offer some or all of it to those who paid but that should be their choice. I suspect they could sue you if you withheld payment.