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AIR-PASSENGERS RIGHTS TO COMPENSATION
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nightrider
AIR-PASSENGERS RIGHTS TO COMPENSATION
The E U upheld passengers rights for compensation in the event of delays or cancellations of flight
Last edited by nightrider on Fri Mar 17, 2006 12:23 am, edited 2 times in total.
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e-richard
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Aaaagh, I don't think this is a Carvoeiro issue, or just a Portugal issue, and NR I notice you just posted the article without adding opinion. Well, I have some very strong opinions on this matter, so many thanks for opening it up. Here are some of my views:
1. Compensation culture will kill no-frills airlines
If this legislation is not curtailed, then Stellios and his competitors will simply have to take out high premium insurance to cover the growth in claims (and most importantly to cover the legal costs in defending frivolous non-claims - more on that later). Guess who will pay these premiums ? YES, you and I. We, who currently enjoy the benefits of no-frills frequent travel, but will have to pay more because of the stupidity of these "do-gooders". Sorry to be blunt, but I mean it.
2. Such legislation promotes frivolous claims
The more legislation and the more publicity given to compensation in the airline and holiday industry, the more people will look for opportunities to claim. Now, here I get on my real hobby horse. I am totally sick and tired of holiday makers who watched Nicky Campbell (Watchdog) last week or the week before, and on the day they arrive at their destination, unpack the Video camera first and go hunting for faults so that they can claim back some money from the holiday company. Its now seen as a game that one must play. Its got eff all to do with real compensation for loss of enjoyment, its become a contest. And guess who will pay all these compensation claims ? Yes, the insurance companies, insuring the holiday companies who will very simply pass the cost on to you and I.
3. Compensation for negligence - huh ?
The way these rules get written, airline, holdiay companies etc. are deemed to be at fault because (for example) the weather was bad. Aircraft cannot fly in some extremely bad conditions so they get cancelled. And now we want to be compensated ? I guess the worst examples I've come across are on ski holidays where tour operators now offer compensation if there is too much snow. Doh ? Why did I choose to go on a ski holiday ? To find snow or what ?
Next thing is to claim compensation if it rains while on a summer holiday. Hmmm, the holidaymaker wants to swim in the crystal clear swimming pool that is full of clean water - but where did that water come from ? It has to rain sometimes.
I could go on and on about this subject. But I won't. I won't discuss the absurdity of the American idea of punitive damages, where companies have to fork out gazillions of dollars to an individual by way of punishment. Ye gods, why should an individual (and his lawyer) be the recipient of what is in effect a fine on a company ? It all encourages more litigation, which in turn creates high insurance premiums, which we all pay all the time, whether we claim or not.
.... so why not claim for anything and everything - no matter how trivial ?
/discuss
1. Compensation culture will kill no-frills airlines
If this legislation is not curtailed, then Stellios and his competitors will simply have to take out high premium insurance to cover the growth in claims (and most importantly to cover the legal costs in defending frivolous non-claims - more on that later). Guess who will pay these premiums ? YES, you and I. We, who currently enjoy the benefits of no-frills frequent travel, but will have to pay more because of the stupidity of these "do-gooders". Sorry to be blunt, but I mean it.
2. Such legislation promotes frivolous claims
The more legislation and the more publicity given to compensation in the airline and holiday industry, the more people will look for opportunities to claim. Now, here I get on my real hobby horse. I am totally sick and tired of holiday makers who watched Nicky Campbell (Watchdog) last week or the week before, and on the day they arrive at their destination, unpack the Video camera first and go hunting for faults so that they can claim back some money from the holiday company. Its now seen as a game that one must play. Its got eff all to do with real compensation for loss of enjoyment, its become a contest. And guess who will pay all these compensation claims ? Yes, the insurance companies, insuring the holiday companies who will very simply pass the cost on to you and I.
3. Compensation for negligence - huh ?
The way these rules get written, airline, holdiay companies etc. are deemed to be at fault because (for example) the weather was bad. Aircraft cannot fly in some extremely bad conditions so they get cancelled. And now we want to be compensated ? I guess the worst examples I've come across are on ski holidays where tour operators now offer compensation if there is too much snow. Doh ? Why did I choose to go on a ski holiday ? To find snow or what ?
Next thing is to claim compensation if it rains while on a summer holiday. Hmmm, the holidaymaker wants to swim in the crystal clear swimming pool that is full of clean water - but where did that water come from ? It has to rain sometimes.
I could go on and on about this subject. But I won't. I won't discuss the absurdity of the American idea of punitive damages, where companies have to fork out gazillions of dollars to an individual by way of punishment. Ye gods, why should an individual (and his lawyer) be the recipient of what is in effect a fine on a company ? It all encourages more litigation, which in turn creates high insurance premiums, which we all pay all the time, whether we claim or not.
.... so why not claim for anything and everything - no matter how trivial ?
/discuss
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nightrider
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e-richard
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- Posts: 3031
- Joined: Fri Jan 10, 2003 4:18 pm
- Location: Surrey and Carvoeiro
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Yes, Tom, I do think it is different now. I think we have seen a growth in the compensation culture which we imported from America, and has captured the imagination of the media and a new breed of no-win-no-fee lawyers. I think this is more of what I object to than the actual money that we're forking out to cover the eventualities - although the latter is indeed an issue.
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nightrider
Agreede-richard wrote:Yes, Tom, I do think it is different now. I think we have seen a growth in the compensation culture which we imported from America, and has captured the imagination of the media and a new breed of no-win-no-fee lawyers. I think this is more of what I object to than the actual money that we're forking out to cover the eventualities - although the latter is indeed an issue.
N.R.
The first time I was in Portugal, I worked for a British company for a season as a villa rep. I knocked on the door to one villa and was greeted by a video camara nearly up my nose. I asked the guy what he was doing and he told me he was going to video my every word and action, as well as the villa, in case he needed to make a claim against the company. I told him in no uncertain terms to put the camara away or I was off. He had only been there less than 24 hours. I was also greeted by people with clipboards, from time to time, attached to which were blank A4 sheets of paper and they would tour around the property with me making lists of problems. 
