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Compensation for breach of contract

Aldershot, United...
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Compensation for breach of contract

My wife and I returned from Canada with Air Transat in Club class on Flight TS292 on 2nd Feb 2014. The Air line had a catering dispute and the only food they could provide was a dry roll wrapped in clingfilm and served in a brown paper bag. They could not supply a breakfast either. Air Transat offered a good will gesture of CAD 50 which is about £30 as credit on a future flight. When dealing with their Glasgow office I was told that they would not pay any compensation as they were not part of the CAA and as a Canadian company were not liable under UK law. Are they correct in stating this or can I chase them for adequate compensation in the Small claims court.?

Portland, Oregon
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31. Re: Compensation for breach of contract

"t is the fact that Air Transat as a Canadian company are stating that they are not part of the EU CAA so are not bound by their regulations and do not need to comply with UK law."

Which is true, because they were not operating that flight from the UK.

sydney
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for Cambodia
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32. Re: Compensation for breach of contract

OK wbelgium ... enough with the copy andd paste replies to each comment !! - you do know you can answer multiple posts in the one answer .. do not be surprised of many of these identical posts disappear - you are in fact spamming the forum!

East Sussex, United...
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33. Re: Compensation for breach of contract

Wbelgum. Please do not reply to each post individually. One reply is all that's needed, and can seen by all.

As an aside, can you tell me where it is enshrined in UK law that any airline, let alone a Canadian one, has to provide you with a 3 course meal and/or gourmet food on a flight. ?

Auckland, New...
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34. Re: Compensation for breach of contract

Did the dry roll come with wine ?

Cheers.

Portland, Oregon
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35. Re: Compensation for breach of contract

"Did the dry roll come with wine ?"

It certainly came with whine .:-)

Aldershot, United...
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36. Re: Compensation for breach of contract

Sorry about that, Hit the wrong key. The advert from Canada Affairs states that they will supply a list of additional items in return for booking Club Class. When you pay the addition costs you have entered into a contract. Failure to supply the additional items means you have breached the contract. Am I not correct?. It a principle we are talking about not the actual item.

It is probably time to close this subject. I have received a lot of useful information. Thanks to everybody.

Travelling The World
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for Alghero, Melton Mowbray, Elora
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37. Re: Compensation for breach of contract

First, I can understand the disappointment. You were expecting, and paid a premium for, something you did not receive.

However, what is appropriate compensation is a different matter. You still presumably got:

Exclusive, spacious Club cabin with wider, leather seats

Two dedicated flight attendants and attentive, personalized service

Specially selected travel amenities

Complimentary seat selection service

Generous baggage allowance – 40 kg (88 lb) checked • 15 kg (33 lb) carry-on

Exclusive, rapid check-in counter

Priority queue at select airport security checkpoints

Priority boarding

Priority baggage service

Welcome cocktail

Choice of select wines

Complimentary beverages and snacks

So from that package what was missing was the "gourmet three-course meal" that they were indeed contyractually required to provide you. $50 for two meals sounds about right to me. You can try to see if they will pay that in cash, but in the overall scheme of things you got the vast majority of what you paid for and I don't think any court would come down on your side.

London, United...
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38. Re: Compensation for breach of contract

You need to read the conditions of carriage, the contract you agreed and not just keep firing out posts. They were in dispute with the caterers, this allows them to potentially call force majeure should they wish and remove all liability,

However, it would be crazy for them to do so over a meal of all things.

Travelling The World
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for Alghero, Melton Mowbray, Elora
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39. Re: Compensation for breach of contract

"You need to read the conditions of carriage, the contract you agreed and not just keep firing out posts."

They adverstise gourmet meals (…transattravel.com/airtransat/web/infovoyage…) so yes, they are contractually obliged to provide them if they don't want to fall foul of UK and Canadian advertising laws.

But as I said, what is appropriate conmpensation for failing to fulfill that one small part of the contract is a different matter. Like others, O this $50 is fair and I think a court would too.

Edited: 28 February 2014, 09:44
London, United...
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40. Re: Compensation for breach of contract

No, they are not if they call force majeure which they can do if faced with a strike or dispute with their employees or employees they rely on of a third party. It's written in their conditions of carriage and nearly every good contract has this.

No company in their right mind would call it over a meal, but they have the ability to remove all liability.

Yes, agree though the comp was more than adequate.

Edited: 28 February 2014, 09:46