Withdrawing or transferring your compensation claim
Travelers often contact us with the question whether they can start a claim with us, despite the fact that they already filed a claim somewhere else. With the airline itself, for example, or with another (specialized) organization. In such cases, it is often possible to transfer your compensation claim to Happy Flights, although there are some particularities to be taken into account for specific situations. With this overview, we hope to guide you through them!
You filed a claim with the airline
Good news! Travelers all around the world are increasingly aware of their rights as airline passengers and thus more and more people submit a claim directly with the airline. Unfortunately, a lot of airlines still try to escape paying the rightful compensation to passengers, by giving all sorts of excuses for the occurred flight problem. Extraordinary circumstances, technical defects and force majeure are examples of common apologies. Moreover, if the airline doesn’t immediately throw you off, it can often take a (very) long time until they get back to you with an answer.
Many people who have originally filed a claim with the airline, also reach out to Happy Flights for more information and/or to transfer their claim. In this particular situation, we ask passengers to stop their original claim.
Why do we ask this? Experience teaches us that the airline often does everything to escape their obligations and at the same time continue to look good in the eyes of their passengers. When a traveler comes to us for assistance after months of radio silence, most companies are, however, very eager to comply with our demands. This is certainly the case when legal proceedings are pending. In their attempt to undermine the operation of specialized organizations such as Happy Flights, some airlines try to restore the initial contact with their passengers directly, which often causes a lot of confusion and frustration for all parties involved.
In order to avoid all this, we ask you to stop the original claim and to transfer all subsequent communication with the airline directly to us.
A claim with another organization
Sometimes travelers also come to us after they have submitted a file to another organization (a while ago). In such cases, it is often still possible to transfer the claim to Happy Flights.
European right of withdrawal
For organizations that sell their services online, every consumer within Europe has the right to withdraw his / her purchase free of charge within 14 days. This does not only apply to web shops, but also to organizations that offer to represent your claim through their website. Such organizations are therefore obliged to stop your claim free of charge, if you ask for it within two weeks after submission.
As soon as the 14-day period has expired, however, other 'rules of the game' apply to stop or transfer your file and it is advisable to first check what you have agreed with the other organization.
Terms and Conditions
When you submit a claim to a (specialized) organization, you sign up for a mutual agreement. This means that in most cases, you can’t simply withdraw your claim or transfer it to another organization. After all, a legal compensation for your flight trouble can only be claimed once. If you think about it, that makes perfect sense and yet people often consider it when they have their claim represented by several parties at the same time.
When filing a claim for damages, you will sooner or later be asked to agree to the terms and conditions of the organization in question. Everyone knows that nobody (or do you?) actually reads these terms and conditions. But the moment you consider transferring your claim, you better take a close look at them.
After all, the general terms and conditions that you have subscribed to when submitting your claim, determine whether and under which circumstances you can (possibly) stop your claim. Because many organizations work with a commission on the obtained claim amount, there may be certain costs associated with stopping a claim.
Do you have questions about transferring your claim? Please contact us for personal advice.
Withdraw a claim with Happy Flights
Sometimes customers ask us whether it’s possible for them to withdraw their claim with Happy Flights. The reason for this request can be very different:
- People want to avoid costs for legal proceedings
- One finds that a procedure is too long
- One has received a direct compensation from the airline
- People prefer to file a claim directly with the airline, or (want to) have their claim handled by another organization
For every claim that is entered on our website, our team immediately gets to work. We check whether all the data you have filled out are correct, analyze the circumstances of your flight and, if possible, negotiate with the company on appropriate compensation as soon as possible. Unfortunately, the intervention of our lawyers is often also required.
In order to be able to defend your claim, Happy Flights works according to the principle of transfer of claim. This means that Happy Flights will take over all charges (both financial and practical) on the claim from you, in order to follow up your claim as well as possible and to bring it to a successful end. In exchange for a predetermined fixed commission and file cost, we take on all your worries for you - even when legal steps need to be taken. This means you don’t have to worry about any additional costs as your claim advances in either which way.
Because our team members at Happy Flights spend a lot of time and effort monitoring every individual file, it is not possible to stop your claim for free at any time. In line with the statutory right of withdrawal, every traveler who submits a claim with us reserves the right to stop this file free of charge up to two weeks after submission. If a case is being processed by us for more than two weeks, this is however not possible.
This doesn’t mean that it isn’t at all possible to stop your claim, but only under the condition that the delivered performances and costs incurred are settled. Keep in mind that this includes costs for the work of our team members as well as our lawyers and any legal proceedings, that may well increase the bill.
What determines the duration of a filed claim?
Unfortunately, we note that some airlines are still doing everything they can not to pay the legitimate compensation of their passengers. Therefore, a claim can sometimes take months before it gets settled. This does not mean that our team members are lacking efforts in defending your claim. On the contrary, every file is followed up regularly and precisely, so that the airline cannot escape its obligations by any means.
However, customers may not receive a message from us for weeks. Although we aim to keep our customers regularly informed, the lack of cooperation by the airline may sometimes prevent us from giving a status update for a long time.
Fortunately, our team members are happy to answer your questions and concerns via e-mail or telephone. Contact us so feel free to ask about the status of your file!
What if I am paid directly by the airline?
Some airlines, go a step further in their ways to avoid legal proceedings, and respond to our (judicial) reminders by suddenly contacting the passengers directly. Although these passengers have never received a word from society before, the latter tries to pick up the pieces with their passengers and escape from (judicial) proceedings.
Sometimes the airline even pays (part of) the compensation directly to the passengers. That is of course good news for you, but from a legal point of view, the airline does something that is not in accordance with the law. After all, according to the transfer of claim, the airline has to pay directly to us. In this way, some airlines try to undermine the operations of organizations such as Happy Flights and win back unsatisfied passengers.
If the airline pays your compensation directly to you, this is of course still a result of our endeavors, which means a claim file cannot simply be stopped or withdrawn. Provided that the pre-agreed commission and dossier costs are transferred, your file can of course be closed in beauty.
Questions about your clailm?
Do you have any questions about (the status of) your claim? Feel free to contact us for free and personal advice!