Kuwait Airways cancelled flight in 8 days time

Halle71

Damn! Thanks for the warning though Alan.
As long as we get the flight I guess...

Another update. The travel agent is Travel Up who acquired the TA (Flying Eagles) we bought the flight from in October. Everyone blaming everyone else. I always go for the best deal on sky scanner so I guess this teaches me a lesson about researching who we use in future...

Halle71

Caz3121 wrote: »

that gets the airline out of any EU261 claim...and a TA off your Xmas card list!
I have have cancelled flights in the past and it is really stressful trying to sort out alternatives and rearrange so well done on at least getting your holiday sorted, all be it not ideal
For future, even when booked direct with the airline, I always check my airline booking at least once a week (my cancelled flights I spotted before the airline informed me) it puts you in a better position as could be more options available than late on....I am guessing if you knew in September, you could have got a better deal on replacement flights, took a refund and stuck to your original planned dates. Whilst you should be notified you really cannot rely on it...emails ending up in spam folders etc
I have an app on my phone that alerts me to any changes in my flight bookings (although it does not do all airlines)

Great advice - thanks a lot.

JPears

Actually it doesn't necessarily let airline off the hook with regards to 261/2004. It is their responsibilty to ensure the passenger, not any TA is informed of any change -
Article 5, para 4:
4. The burden of proof concerning the questi
ons as to whether and when the passenger
has been informed of the cancellation
of the flight shall rest with the operating air carrier.

Halle71

JPears wrote: »

Actually it doesn't necessarily let airline off the hook with regards to 261/2004. It is their responsibilty to ensure the passenger, not any TA is informed of any change -
Article 5, para 4:
4. The burden of proof concerning the questi
ons as to whether and when the passenger
has been informed of the cancellation
of the flight shall rest with the operating air carrier.

This would certainly explain why they were so helpful......
I will read through when the kids go to bed - thank you for looking into this for me.

JPears

I would also be putting pressure on the TA if you have incurred any extra expenses for some compensation.

Halle71

We will have incurred an extra 3 nights accommodation, plus the airport hotel that now doesn't have availability on our new return date. Possibly a £120 fine from school.
And need something for the sleepless night and pumping headache while the kids need compensation for being yelled at today!

One of the friends we are away with is a lawyer and she's going to give me a hand working out what to do.

They have IATA certification - could this be a way to go?

Gleeful

JPears wrote: »

Actually it doesn't necessarily let airline off the hook with regards to 261/2004. It is their responsibilty to ensure the passenger, not any TA is informed of any change -
Article 5, para 4:
4. The burden of proof concerning the questi
ons as to whether and when the passenger
has been informed of the cancellation
of the flight shall rest with the operating air carrier.

If booked through an agency it is unlikely that the airline will have any contact details for the passengers, so how does that work.

JPears

I'm not sure, I've never used a travel agent. Surely all the passenger details have to be provided to airline when booking?

JPears

Halle71 wrote: »

Damn! Thanks for the warning though Alan.
As long as we get the flight I guess...

Another update. The travel agent is Travel Up who acquired the TA (Flying Eagles) we bought the flight from in October. Everyone blaming everyone else. I always go for the best deal on sky scanner so I guess this teaches me a lesson about researching who we use in future...

If Travel Up bought Flying Eagles as a going concern, they are leagally responsible for any acts, errors or ommisions of the business they have bought. Its a process called due dilligence that Travel Up should have carried out, prior to aquiring FE. If they didn't, more fool them.
They can't wriggle out that way.

Halle71

JPears wrote: »

If Travel Up bought Flying Eagles as a going concern, they are leagally responsible for any acts, errors or ommisions of the business they have bought. Its a process called due dilligence that Travel Up should have carried out, prior to aquiring FE. If they didn't, more fool them.
They can't wriggle out that way.

I finally have some time after sorting out our new itinerary so I am going to work through all the emails relating to our flights and look at the guide you recommended so I can work out a plan of action. But yes, if they were allowed to use this as an excuse, I guess there would be zero confidence in the market.

We have booked modest hotels (all the luxury ones are booked up anyway!) for three nights and with an allowance for the additional food, drink and travel for the 4 of us and I think the total will be around £5/600. As we paid the TA should we pursue them first or both together?

Bizarrely we had the new flight confirmations for 23/3 through yesterday afternoon. At the same time they sent confirmations for the old flights on the 24/3......We have e-tickets for a cancelled flight!!