Who do I take legal action against?
Discussion
If I bought some flights via last minute and the airline cancelled my flights, who do I sue for expenses?
I wont bore you with the long story but Last Minute got a refund for the flights from Norwegian Air and paid me that back, but to get my family back from holiday after the cancelled flights cost me three times the price and I want to make them pay, come what may.
Norwegian Air say that my contract is with Last minute and last Minute say 'something something Norwegian Air something something'.
Who do I sue?
I wont bore you with the long story but Last Minute got a refund for the flights from Norwegian Air and paid me that back, but to get my family back from holiday after the cancelled flights cost me three times the price and I want to make them pay, come what may.
Norwegian Air say that my contract is with Last minute and last Minute say 'something something Norwegian Air something something'.
Who do I sue?
Depending on a couple of conditions, you may be entitled for compensation from Norwegian under EC rule 261/2004.
The amount you can claim is non-negotiable and is based on the journey distance.
There's loads of info online about the regulation.
I've no idea what your contract with LM says about consequential losses.
The amount you can claim is non-negotiable and is based on the journey distance.
There's loads of info online about the regulation.
I've no idea what your contract with LM says about consequential losses.
Edited by SS2. on Tuesday 15th October 09:19
https://www.caa.co.uk/Passengers/Resolving-travel-...
Did you opt for the refund and book your own flights rather than asking the airline to book you an alternative as per your rights? If that’s the case I’m not sure you can sue for expenses but there may be compensation available.
Did you opt for the refund and book your own flights rather than asking the airline to book you an alternative as per your rights? If that’s the case I’m not sure you can sue for expenses but there may be compensation available.
SS2. said:
Depending on a couple of conditions, you may be entitled for compensation from Norwegian under EC rule 261/2004.
The amount you can claim is non-negotiable and is based on the journey distance.
There's loads of info online about the regulation.
I've no idea what your contract with LM says about consequential losses.
Do non EU countries have to follow EU directives ? The amount you can claim is non-negotiable and is based on the journey distance.
There's loads of info online about the regulation.
I've no idea what your contract with LM says about consequential losses.
Edited by SS2. on Tuesday 15th October 09:19
You're not eligible for compensation if the flight was cancelled due to "exceptional circumstance", which are undefined but include strikes and weather (or so I understand).
Vueling cancelled my 8pm flight leaving me no option to get the Eurostar (I needed to be home that night), but refused compensation because the cancellation was due to a technical issue at Gatwick.
It certainly doesn't seem fair, I hope you have more luck than I did.
Vueling cancelled my 8pm flight leaving me no option to get the Eurostar (I needed to be home that night), but refused compensation because the cancellation was due to a technical issue at Gatwick.
It certainly doesn't seem fair, I hope you have more luck than I did.
Your contract is with Last Minute. They sold you the product.
The contract will no doubt have something to say about cancellations, re-routing, and consequential expenses. As will EC Regulation 261/2004 - which may apply. Did the airline offer you re-routing or compensation?
Finally: have you checked whether your travel insurer covers you for the additional costs to which you were put?
Wanting to make someone pay come what may is all well and good, but the usual preliminary step to that happening is that you have to pay some nice lawyers of your own to make it happen.
The contract will no doubt have something to say about cancellations, re-routing, and consequential expenses. As will EC Regulation 261/2004 - which may apply. Did the airline offer you re-routing or compensation?
Finally: have you checked whether your travel insurer covers you for the additional costs to which you were put?
Wanting to make someone pay come what may is all well and good, but the usual preliminary step to that happening is that you have to pay some nice lawyers of your own to make it happen.
blindswelledrat said:
Just FYI, I am probably entitled to compensation, Im not particularly concerned about that aspect.
It is more about who my contract is with. Is it with Last Minute who I paid for the flights, or is it with Norwegian Air who provided them?
That may be so, but the reason cancellation will have a bearing on whether you are likely to successful in your legal action.It is more about who my contract is with. Is it with Last Minute who I paid for the flights, or is it with Norwegian Air who provided them?
If the flight was cancelled due to an airport being closed, for example, I can't see why the airline or seller of the flight would be liable for additional costs to you.
SpunkyGlory said:
That may be so, but the reason cancellation will have a bearing on whether you are likely to successful in your legal action.
If the flight was cancelled due to an airport being closed, for example, I can't see why the airline or seller of the flight would be liable for additional costs to you.
I know.If the flight was cancelled due to an airport being closed, for example, I can't see why the airline or seller of the flight would be liable for additional costs to you.
BlackTails said:
Your contract is with Last Minute. They sold you the product.
Is it? LM provide the service through which one can purchase flights from airlines:LM Website said:
Once the registration process is adequately completed, the User will be able to fully access lastminute.com's Service, which includes: (i) information, updates and news feeds on travel, traditional airline and low-cost flights and offers by the main travel operators; (ii) the use of lastminute.com's search engine to look for information on tickets and offers from airlines while comparing the different options; and (iii) to use, by means of a license., lastminute.com’s software application which allows the User to directly process a reservation and ticket purchase order, without the need of making another connection to any third party websites.
SpunkyGlory said:
Vueling cancelled my 8pm flight leaving me no option to get the Eurostar (I needed to be home that night), but refused compensation because the cancellation was due to a technical issue at Gatwick.
It certainly doesn't seem fair, I hope you have more luck than I did.
Vueling are a terrible airline, I fly a lot for work and avoid this lot wherever possible. Under the EU regs a technical issue is not reason to refuse compensation. Google the legislation, contact them again quoting it and say you will take it to the regulator if they do not pay and you should have a more favourable reply It certainly doesn't seem fair, I hope you have more luck than I did.
Almost all airline t&c will not take responsibility for consequential losses. So, refund or alternate flight and they are good.
Basically, you can’t sue for ‘nail is lost’ - “ I missed a meeting so lost a 2 million pound contract” or “My hotel room was non refundable”. That’s for insurance.
Basically, you can’t sue for ‘nail is lost’ - “ I missed a meeting so lost a 2 million pound contract” or “My hotel room was non refundable”. That’s for insurance.
blindswelledrat said:
Just FYI, I am probably entitled to compensation, Im not particularly concerned about that aspect.
It is more about who my contract is with. Is it with Last Minute who I paid for the flights, or is it with Norwegian Air who provided them?
What do the contracts say?It is more about who my contract is with. Is it with Last Minute who I paid for the flights, or is it with Norwegian Air who provided them?
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