Travel Agent or Airline responsible for costs due to ATC delay

alwaystired

Hi, My daughter has just returned from Barcelona, where the original flight was cancelled due to the French ATC strike. She had to stay until Ryanair could arrange another flight. The original flight was due back to Manchester on 21/06/15, she finally returned on 23/06/15. Meaning two extra nights and the expense of staying in Barcelona for two extra unplanned nights. The original flight and Hotel were booked via a local Thomas Cook agent and were with travelsimply (?), which I believe is a subsidiary of Thomas Cook. My daughter received little help from Thomas Cook while stranded in Barcelona, and Ryanair also did nothing apart from saying she had to pay all costs and keep receipts to claim back later.What I am trying to get the bottom of, is where does the responsibility lie for paying the xtra costs incurred. Is it the Travel Agent where the "package" was booked or is it all down to the airline ?. Any help appreciated.

phatbear

Neither the package provider or the airline are responsible as the delays were due to industrial action which is outside of their control.

You will need to check/contact your daughters travel insurance provider to see if she can claim from them

peachyprice

That's one hell of a delay if she was due back in June 2015

Caz3121

phatbear wrote: »

Neither the package provider or the airline are responsible as the delays were due to industrial action which is outside of their control.

The airline is actually responsible for EU261 Duty of Care - so reimbursement of hotel, meals etc during the wait (EU261 'compensation' is not payable as the cancellation was outside the airline's control but reimbursement of Duty of Care costs is)

OP - as advised by Ryanair, send in the receipts for reimbursement (to Ryanair)

richardw

Caz3121 wrote: »

The airline is actually responsible for EU261 Duty of Care - so reimbursement of hotel, meals etc during the wait (EU261 'compensation' is not payable as the cancellation was outside the airline's control but reimbursement of Duty of Care costs is)..

Which is one of the main reasons airlines don't like this regulation.

Voyager2002

phatbear wrote: »

Neither the package provider or the airline are responsible as the delays were due to industrial action which is outside of their control.

Indeed, so no compensation can be claimed.

However, the airline is responsible for providing "care", even when the problem is not the airline's fault. "Care" includes meals, hotels if needed, and access to the internet or necessary telephone calls.

alwaystired

Of course I meant 2016 !. So it would appear she needs to claim the extra expense back from the airline. I know that compensation is not payable. Was there actually any onus on the Travel Agent to help out in this situation. In effect my daughter was left with no information / help from either the airline or Travel Agent while stranded abroad. She only found out about the strike from news reports while in Spain.I appreciate that a stiff letter of complaint will be required to both the travel agent and Ryanair about this matter.

Caz3121

alwaystired wrote: »

Was there actually any onus on the Travel Agent to help out in this situation. In effect my daughter was left with no information / help from either the airline or Travel Agent while stranded abroad. She only found out about the strike from news reports while in Spain.I appreciate that a stiff letter of complaint will be required to both the travel agent and Ryanair about this matter.

Given that she had not booked a true package and will have booked flight+hotel, I doubt there is much requirement on the travel agent to do anything apart from direct her to the airline
Ryanair had information on their website
https://webcache.googleusercontent.com/search?q=cache:XyeWshIBUjYJ:https://www.ryanair.com/gb/en/useful-info/help-centre/travel-updates/air-traffic-control-strike+&cd=2&hl=en&ct=clnk&gl=uk&client=safari

bagand96

alwaystired wrote: »

I appreciate that a stiff letter of complaint will be required to both the travel agent and Ryanair about this matter.

It might make you feel better but you're probably wasting your time. Neither will care about your letter of complaint I imagine the travel agent has little responsibility (or to be honest care). Unless it was a proper package holiday with a tour operator who have in-resort reps on hand then I'm not sure what help you expected or who would provide it?

Ryanair's website was kept comprehensively updated during the strike with details of flight changes and what to do. If you'd book directly with Ryanair they'd have emailed and text your daughter. Given it was booked through a travel agent I'm guessing these didn't get through.

You could maybe email a letter of complaint to the French ATC Unions. They're probably too busy planning their summer strike to care though.

agrinnall

I can't imagine anyone would need a few quid compo when they clearly have a working time machine, having already taken a holiday in June 2016 (taking the original dates in #1 and the amendment to the year in #7).

leylandsunaddict

alwaystired wrote: »

I appreciate that a stiff letter of complaint will be required to both the travel agent and Ryanair about this matter.

Why? What did you want a travel agent in the UK to do about it? It's up to the individual to liase with the airline to get rebooked. The Ryanair site was updated all the time with info about cancelled flights and what to do. They told her to keep receipts and claim from them, so why ask who is responsible?