Maleth confirms end of P&O partnership

[HalifaxYorksCruiser]

5 hours ago, carlanthony24 said:

Regarding compensation you will not get from P&O for flight being delayed it’s is the airlines responsibility to pay out always been the case. If not you will have to go through the CAA and see what they say. https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/ further down you can send in a complaint.

Untrue - see my post above. Also CAA have no real powers. Your remedy in the event that Maleth fail to pay out for flight compensation will be to pursue P&O under the 2018 Package Travel regs.

I would suggest contacting P&O without delay as the regs say that you must inform the organisers without undue delay :

3) The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which the traveller perceives during the performance of a travel service included in the package travel contract.

Edited February 11 by HalifaxYorksCruiser

[cruising.mark.uk]

28 minutes ago, HalifaxYorksCruiser said:

Untrue - see my post above. Also CAA have no real powers. Your remedy in the event that Maleth fail to pay out for flight compensation will be to pursue P&O under the 2018 Package Travel regs.

I would suggest contacting P&O without delay as the regs say that you must inform the organisers without undue delay :

3) The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which the traveller perceives during the performance of a travel service included in the package travel contract.

I sense that you are interpreting the Package Travel Regs incorrectly and that if the air travel arranged as part of the package by P&O gets you successfully from airport A to airport B and on to the P&O ship and from the ship to airport B to airport A on return then P&O has met its commitment: 'The organiser is liable to the traveller for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.', irrespective of any (reasonable) delays to those flights.  P&Os package travel contract includes flying passengers to the ship and flying them home.  Flight delays would not result in them not delivering that 'travel service' - only in it taking a few hours longer than planned to do so.  Compensation for delays is provided under different UK / EU rules and, as @carlanthony24 noted, is entirely the responsibility of the airline involved, unless there are extenuating services of the type described in earlier posts.

[carlanthony24]

50 minutes ago, HalifaxYorksCruiser said:

Untrue - see my post above. Also CAA have no real powers. Your remedy in the event that Maleth fail to pay out for flight compensation will be to pursue P&O under the 2018 Package Travel regs.

I would suggest contacting P&O without delay as the regs say that you must inform the organisers without undue delay :

3) The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which the traveller perceives during the performance of a travel service included in the package travel contract.

Good luck it will not work. P&O have no responsibility to pay you compensation. If you booked a holiday with a travel company but the flight is different to that company. The company would not pay either. A lot of the wording is not being able to provide an a-b-a service. You do get people going to travel agents to ask for compensation but they are also told to claim directly from the airline. In theory they may delay giving compensation because it could make them bankrupt then well P&O would be stuck and so would a lot of customers who no doubt would blame P&O for having to cancel some holidays if they can not find an alternative.  

[HalifaxYorksCruiser]

I would argue that it is reasonable to expect that the organiser of the package would provide compensation for flight delays in accordance with the package travel regs ( and if not that the organiser has not performed in accordance with the contract) but accept that a court will have to determine this . Probably worth a Small Claims Court claim against P&O in the event that Maleth fail to pay out.

The relevant section to be determined is :

“If any of the travel services are not performed in accordance with the package travel contract” 

[Winifred 22]

1 minute ago, HalifaxYorksCruiser said:

I would argue that it is reasonable to expect that the organiser of the package would provide compensation for flight delays in accordance with the package travel regs ( and if not that the organiser has not performed in accordance with the contract) but accept that a court will have to determine this . Probably worth a Small Claims Court claim against P&O in the event that Maleth fail to pay out.

The relevant section to be determined is :

“If any of the travel services are not performed in accordance with the package travel contract” 

Are you directly affected and awaiting compensation or just offering opinions ? 

[carlanthony24]

3 minutes ago, HalifaxYorksCruiser said:

I would argue that it is reasonable to expect that the organiser of the package would provide compensation for flight delays in accordance with the package travel regs ( and if not that the organiser has not performed in accordance with the contract) but accept that a court will have to determine this . Probably worth a Small Claims Court claim against P&O in the event that Maleth fail to pay out.

The relevant section to be determined is :

“If any of the travel services are not performed in accordance with the package travel contract” 

Refer to ABTA/Atol. People have tried suing package holiday companies and have failed some have succeeded but were out of pocket by doing so. P&O would need to get reasons from the airline and who knows what is being said.   

[terrierjohn]

3 hours ago, HalifaxYorksCruiser said:

I would guess that there is a high degree of likelihood that Maleth will fail to honour the delayed flight compensation claims and if so  then  realistically the only option for passengers will be to take action against P&O ( as organiser of the package) under :Search

The Package Travel and Linked Travel Arrangements Regulations 2018

Relevant section:

15.—(1) The provisions of this regulation are implied as a term in every package travel contract.

(2) The organiser is liable to the traveller for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.

(3) The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which the traveller perceives during the performance of a travel service included in the package travel contract.

(4) If any of the travel services are not performed in accordance with the package travel contract, the organiser must remedy the lack of conformity within a reasonable period set by the traveller unless that—

(a)is impossible; or

(b)entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

(5) Where the organiser does not remedy the lack of conformity within a reasonable period set by the traveller for a reason mentioned in sub-paragraph (a) or (b) of paragraph (4), regulation 16 applies.

(6) Where the organiser refuses to remedy the lack of conformity or where immediate remedy is required, the traveller—

(a)may remedy the lack of conformity; and

(b)is entitled to reimbursement of the necessary expenses.

(7) A traveller to whom paragraph (6)(a) applies is not required to—

(a)set a reasonable period pursuant to paragraph (4), and

(b)if such a period has been set, wait until the end of the period,

before the traveller remedies the lack of conformity.

(8) Where the organiser is unable to provide a significant proportion of the travel services as agreed in the package travel contract, the organiser must offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where the traveller’s return to the place of departure is agreed.

(9) Where the organiser offers proposed alternative arrangements which result in a package of lower quality than that specified in the package travel contract, the organiser must grant the traveller an appropriate price reduction.

(10) The traveller may reject the proposed alternative arrangements offered under paragraph (8) only if—

(a)they are not comparable to the arrangements which were agreed in the package travel contract; or

(b)the price reduction granted is inadequate.

(11) Where—

(a)a lack of conformity substantially affects the performance of the package; and

(b)the organiser fails to remedy the lack of conformity within the reasonable period,

the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, is entitled to a price reduction, or compensation for damages, or both, in accordance with regulation 16.

(12) If—

(a)the organiser is unable to make alternative arrangements, or

(b)the traveller rejects the proposed alternative arrangements in accordance with paragraph (10),

the traveller is, where appropriate, entitled to a price reduction, or compensation for damages, or both, in accordance with regulation 16 without terminating the package travel contract.

(13) If the package includes the carriage of passengers, the organiser must, in the cases referred to in paragraphs (11) and (12), also provide repatriation of the traveller with equivalent transport without undue delay and at no extra cost to the traveller.

(14) Where the organiser is unable to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser must bear the cost of necessary accommodation, if possible of equivalent category—

(a)for a period not exceeding 3 nights per traveller; or

(b)where a different period is specified in the Union passenger rights legislation applicable to the relevant means of transport for the traveller’s return, for the period specified in that legislation.

(15) The limitation of costs referred to in paragraph (14) does not apply to persons with reduced mobility as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council, concerning the rights of disabled persons and persons with reduced mobility when travelling by air(1) and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package.

(16) The organiser’s liability under paragraph (14) may not be limited by reason of unavoidable and extraordinary circumstances if the relevant transport provider may not rely on such circumstances under the applicable Union passenger rights legislation.

 

 

I wonder if Maleth/P&O could use clause 5b to avoid paying the going rate of compensation. In their shoes I know I would use every possible wiggle room to avoid paying out the sums that would apply to scheduled delays.

[Snow Hill]

Looking at Citizens Advice page on the subject

 

If you’re not getting anywhere

If you’ve asked the airline and they won’t give you the right compensation, you can complain to an independent organisation.

If the airline is a member of an alternative dispute resolution (ADR) scheme, you can complain to the scheme.

Check if the airline is a member of an ADR scheme on the Civil Aviation Authority’s website. 

If they are, complain to the ADR scheme. If the airline isn’t part of an ADR scheme, you can complain to the Civil Aviation Authority on their website.

 

However since we left the EU and now deemed a 3rd country, pursuing an airline based in Malta is more difficult and I suspect they know that hence the lack of response. 

[cheshire]

I wont bore you with the details, but I worked on the package travel regulations specifically liability in the area of transportation all those years ago.    Since the introduction of the legislation many areas of it have as was expected been challenged in court with interesting results.  Huzar v Jet2 was certainly an eye opener and has changed the thinking of many.

 

in respect of Maleth a rough calculation of liability based on say 300 seats and the incidents that spring to mind could result in claims of over £1.5 million if not more.  

 

I don’t think Maleth will get out of the liability  and I don’t think they will walk away from operating in the uk in future which could be the ultimate sanction by the CAA many years from now.  
 

I expect them to have a very very small department to handle these claims. I expect them to be overwhelmed as they focus on day to day operations.   No question in recent weeks they have been more reliable than Tui.  
 

I think Maleth WILL pay as future customers of  theirs, namely tour operators, cruise operators and other  airlines won’t want the liability ultimately passing to them. 
 

certainly p&o need to put pressure on Maleth and that will I think be an option to speed matters up.  
 

 

 

 

[Interestedcruisefan]

On a separate note we are flying from Manchester to Barbados with p and o on Maleth on Friday

 

I've done the online check in with passport details

 

Can't see any link etc to print luggage labels anywhere?

 

Do we not need them when flying with p and o?

 

Ie do they label the luggage at the airport

 

Anyone who knows much appreciated? 

[doog442]

26 minutes ago, Interestedcruisefan said:

On a separate note we are flying from Manchester to Barbados with p and o on Maleth on Friday

 

I've done the online check in with passport details

 

Can't see any link etc to print luggage labels anywhere?

 

Do we not need them when flying with p and o?

 

Ie do they label the luggage at the airport

 

Anyone who knows much appreciated? 

 

Is the link not on my P&O cruises log in where you print the boarding passes ? 

 

ps at the same time you might as well stick in your flight delay claim to Maleth 🤣

 

Joking aside we were with TUI, perhaps a Maleth victim can help..oops

 

 

Edited February 12 by doog442

[Presto2]

43 minutes ago, Interestedcruisefan said:

On a separate note we are flying from Manchester to Barbados with p and o on Maleth on Friday

 

I've done the online check in with passport details

 

Can't see any link etc to print luggage labels anywhere?

 

Do we not need them when flying with p and o?

 

Ie do they label the luggage at the airport

 

Anyone who knows much appreciated? 

Think we printer ours out from the PO cruise personaliser. That was all we needed I think and the other labels went on when we checked the luggage in. 

Hope all goes well and you have a great time. 

[Presto2]

19 minutes ago, doog442 said:

 

Is the link not on my P&O cruises log in where you print the boarding passes ? 

 

ps at the same time you might as well stick in your flight delay claim to Maleth 🤣

 

Joking aside we were with TUI, perhaps a Maleth victim can help..oops

 

 

Ps on our cruise it was the TUI folk who had delays so let's just hope all goes well for everyone...

[doog442]

7 minutes ago, Presto2 said:

Ps on our cruise it was the TUI folk who had delays so let's just hope all goes well for everyone...

 

Of course, wish everyone a safe and non delayed flight.

[Beachlover62]

On 2/12/2024 at 10:06 AM, Interestedcruisefan said:

On a separate note we are flying from Manchester to Barbados with p and o on Maleth on Friday

 

I've done the online check in with passport details

 

Can't see any link etc to print luggage labels anywhere?

 

Do we not need them when flying with p and o?

 

Ie do they label the luggage at the airport

 

Anyone who knows much appreciated? 

Luggage labels are on your cruise personaliser

[Skiptonguy]

On 2/11/2024 at 10:29 AM, Yorkie69 said:

Just a further update on our return from Antigua overnight. The flight with Maleth Aero was supposed to be on time (17:30 local time) and aircraft arrived at 15:00. Unfortunately Antigua airport had 4 long haul flights and 2 inter Caribbean flights leaving from same gates area and the airport was absolutely crammed with well over 1000 people trying to get around the gate area when everyone was asked to go to gate. The LGW flight was indicated as gate 5 but when you got there the area was full with an American Airlines flight to Charlotte which wasn’t due to depart until 17:15 so no way we could board until this aircraft had boarded. In the end we were told we would have to wait for boarding of the Manchester Maleth flight, a Sunwings flight to Toronto and two Caribbean flights. We eventually started boarding just after 6pm but were then told that the luggage hadn’t been loaded and we were now having to wait for the relevant staff and equipment needed to load this luggage after BA and Virgin flights had their luggage loaded. These flights were schedule services and as there was only staff to load one plane at a time we would have to wait as were a charter. We then sat on the tarmac for almost two further hours until we departed just after 8pm and 2.5 hours late. We made up an hour so were only 1.5 hours late to arrive at Gatwick.

Please note that the above overcrowding and delays were not Maleth’s fault and Antigua airport can clearly not cope with the amount of flights it currently has planned on Saturday afternoons when the Maleth flights are departing. 
In regard to the flight itself, unlike the outbound flight when the food was ok I’m afraid both the main meal and breakfast were inedible and there were scores of meals with no more than a mouthful eaten. 
The cruise was good but the Maleth issues on the outbound, P&O’s decision to not contact us before our outbound journey to advise of the huge delay and avoid customers having to spend 10 hours at Gatwick and the lack of any support or acknowledgment of the issues during the cruise has left a very a very sour taste in the mouth and will definitely see us booking elsewhere in future (Celebrity cruise booked for January 2025 instead of booking with P&O, which we had planned to book whilst on this cruise so we could benefit from the extra loyalty savings and onboard spend).

Let’s see how Maleth manage the 7 hour delay payment when we send the claim in.

 

I was on the Manchester flight that left before you on the same day and agree that the organisation at Antigua was appalling and the delays boarding (and with luggage that we experienced to a lesser extent than you) were totally unacceptable, but entirely not Maleth's fault.

 

I'll be honest I was dreading the flights, but both ways the service was friendly, food was good and we landed on time on the way in and 45 minutes late on the way back.

 

I had a lovely conversation with one of the crew mid flight and it's clear that they love what they do, they care very much about both the service they give and the criticism they receive (and see) online. I've had much worse scheduled airline experiences.

[Interestedcruisefan]

9 hours ago, Beachlover62 said:

Luggage labels are on your cruise personaliser

Found them thanks

[Interestedcruisefan]

8 hours ago, Skiptonguy said:

 

I was on the Manchester flight that left before you on the same day and agree that the organisation at Antigua was appalling and the delays boarding (and with luggage that we experienced to a lesser extent than you) were totally unacceptable, but entirely not Maleth's fault.

 

I'll be honest I was dreading the flights, but both ways the service was friendly, food was good and we landed on time on the way in and 45 minutes late on the way back.

 

I had a lovely conversation with one of the crew mid flight and it's clear that they love what they do, they care very much about both the service they give and the criticism they receive (and see) online. I've had much worse scheduled airline experiences.

Barbados  is also chaotic on departure days

 

The departure lounges/gates nowhere near big enough (or spread out enough_ to cope with the amount of people all leaving the airport together from the cruise at the same time

 

Queues for different planes ending up criss crossing each other and people at the back with no idea which queue they are in

 

And that can't be a Maleth problem AT ALL as that's been happening before Maleth were even asked to help out with supplying planes

Edited February 15 by Interestedcruisefan

[Megabear2]

57 minutes ago, Interestedcruisefan said:

Barbados  is also chaotic on departure days

 

The departure lounges/gates nowhere near big enough (or spread out enough_ to cope with the amount of people all leaving the airport together from the cruise at the same time

 

Queues for different planes ending up criss crossing each other and people at the back with no idea which queue they are in

 

And that can't be a Maleth problem AT ALL as that's been happening before Maleth were even asked to help out with supplying planes

See my post #1174. Barbados is aware of the problem with their airport and are taking steps.  Unfortunately the proposed special sea passengers terminal plans were halted by the pandemic but are now back and being worked on.

 

I hope you have a good Maleth experience.  The last couple of weeks' flights have been okay so hopefully no problems.

 

In fairness to all concerned - Maleth and the passengers - it looks as if the bulk of the problems have been on a number of fairly tightly connected flights particularly after the unfortunate CAT incident which stranded the aircraft and put it out of service.  The problem now appears to be the complete lack of communication on Maleth's behalf regarding the compensation issue.  Maleth have clearly not taken their responsibilities of at least replying to claimants and this is adding to the building unrest.

 

I look forward to hearing your views on the flight. Meantime wishing you a fabulous holiday.

[zap99]

13 minutes ago, Megabear2 said:

See my post #1174. Barbados is aware of the problem with their airport and are taking steps.  Unfortunately the proposed special sea passengers terminal plans were halted by the pandemic but are now back and being worked on.

 

I hope you have a good Maleth experience.  The last couple of weeks' flights have been okay so hopefully no problems.

 

In fairness to all concerned - Maleth and the passengers - it looks as if the bulk of the problems have been on a number of fairly tightly connected flights particularly after the unfortunate CAT incident which stranded the aircraft and put it out of service.  The problem now appears to be the complete lack of communication on Maleth's behalf regarding the compensation issue.  Maleth have clearly not taken their responsibilities of at least replying to claimants and this is adding to the building unrest.

 

I look forward to hearing your views on the flight. Meantime wishing you a fabulous holiday.

I don't expect them to have a special website......get you compensation here. Orderly queue please.... waiting time 5 minutes. Roll up, roll up.....remember at the start of the pandemic. All those cancellations. All those armchair lawyers. ...refunds should be made in 14 days..we will report them to ABTA..

.yeah. right. If they do give out any cash it will be in their own good time

...if ever.

 

[Interestedcruisefan]

32 minutes ago, Megabear2 said:

See my post #1174. Barbados is aware of the problem with their airport and are taking steps.  Unfortunately the proposed special sea passengers terminal plans were halted by the pandemic but are now back and being worked on.

 

I hope you have a good Maleth experience.  The last couple of weeks' flights have been okay so hopefully no problems.

 

In fairness to all concerned - Maleth and the passengers - it looks as if the bulk of the problems have been on a number of fairly tightly connected flights particularly after the unfortunate CAT incident which stranded the aircraft and put it out of service.  The problem now appears to be the complete lack of communication on Maleth's behalf regarding the compensation issue.  Maleth have clearly not taken their responsibilities of at least replying to claimants and this is adding to the building unrest.

 

I look forward to hearing your views on the flight. Meantime wishing you a fabulous holiday.

I looked at that compensation chat

 

Does seem that maleth have sent messages now saying they are  "processing" the claims

 

Which is better than no reply at all I guess

 

If I'm going to be delayed my preference would be 4hrs1 minute late landing coming back!!

 

Lol

[Interestedcruisefan]

We've  got vat return to complete again. So that should pass the first 3 to 4 hrs of the flight going out!!

[Megabear2]

1 hour ago, zap99 said:

I don't expect them to have a special website......get you compensation here. Orderly queue please.... waiting time 5 minutes. Roll up, roll up.....remember at the start of the pandemic. All those cancellations. All those armchair lawyers. ...refunds should be made in 14 days..we will report them to ABTA..

.yeah. right. If they do give out any cash it will be in their own good time

...if ever.

 

Actually they do have a special section on their website and this is where P&O sent people in the letters they handed out.  It is a personal choice whether to claim anything but as some of these problems were pretty horrendous it's perfectly understandable why people have chosen to pursue their legal right to claim.

 

This or any other claim against any airline is a bit different from the pandemic as it is a legal right and as a result people are entitled to a response in reasonable time even if it's to say b..... off.  It seems from ICF's post that Maleth are now responding to claimants.

 

 

[CCFC]

We appear to be on  British Airways flight out of Gatwick January next year, cant be any worse from what I have read here!

[GSPG]

On 2/12/2024 at 4:23 AM, Snow Hill said:

Looking at Citizens Advice page on the subject

 

If you’re not getting anywhere

If you’ve asked the airline and they won’t give you the right compensation, you can complain to an independent organisation.

If the airline is a member of an alternative dispute resolution (ADR) scheme, you can complain to the scheme.

Check if the airline is a member of an ADR scheme on the Civil Aviation Authority’s website. 

If they are, complain to the ADR scheme. If the airline isn’t part of an ADR scheme, you can complain to the Civil Aviation Authority on their website.

 

However since we left the EU and now deemed a 3rd country, pursuing an airline based in Malta is more difficult and I suspect they know that hence the lack of response. 

I had a dispute with TUI about our flight back from Cyprus that took off a day late. They weren’t going to pay anything.

As soon as I got the ADR on my side and onto them, my God did they crumble and I got full compensation in a matter of days.

 

From our experience and outcome, highly recommended.