No-one's claiming liability!

Alifiroke

We're trying to claim compensation for a return flight that was cancelled and the replacement was several hours later - we booked with an agent and were told the flights were with Thomas Cook but both outward and return flights were actually operated by Condor.

Thomas Cook directed us to Condor, who apparently told the agent of the flight cancellation before we even booked, however the agent did not infrorm us until we were already on holiday. Who is actually liable for our compensation (and can we even claim anything)?? It would seem unfair for the agent to get away scot-free but according to Martin's tips it's down to whether the airline did anything wrong

Anyone any experience of this? Any ideas?!

leylandsunaddict

How can an agent book you onto an already cancelled flight? Thomas Cook and Condor are one and the same. Merged airline that code share.

The agent didn't need to inform you of the cancellation. It's the passengers responsibility to check their bookings regularly for changes.

How much later was the flight? Where was it to/from? Had the flight number changed? If the cancelled flight was due to be operated by Thomas Cook Airlines then if there is any compensation due you would need to claim from them. You would need to be sure though that the agent actually gave you the correct info about who was operating the flight in the first place.

JPears

Alot of factors here.
When was the flight cancelled by Condor? ie when did they tell the travel agent? Or are you implying that no such flight existed before you even booked?
From what I understand it sounds like your TA messed up big time. It is a recurring subject on this forum where the TA fails to inform the passenger of any changes made by the airline, with subsequent consequences.
Perhaps you should ask Condor exactly when the flight was cancelled and when they informed the travel agent. Surely if the flight had already been cancelled before you booked, it would not allow the TA to book the flights?
Is the holiday ABTA covered or similar covered?

JPears

leylandsunaddict wrote: »

How can an agent book you onto an already cancelled flight? Thomas Cook and Condor are one and the same. Merged airline that code share.

The agent didn't need to inform you of the cancellation. It's the passengers responsibility to check their bookings regularly for changes.

How much later was the flight? Where was it to/from? Had the flight number changed? If the cancelled flight was due to be operated by Thomas Cook Airlines then if there is any compensation due you would need to claim from them. You would need to be sure though that the agent actually gave you the correct info about who was operating the flight in the first place.

I would strongly disagree. You have paid for a service, including any changes made by either party. The clue is in the name - Agent. They are working on your behalf, for you.

leylandsunaddict

JPears wrote: »

I would strongly disagree. You have paid for a service, including any changes made by either party. The clue is in the name - Agent. They are working on your behalf, for you.

That depends on whether they're acting as an agent for the customer or an agent for the airline.

Even airlines don't have to notify changes, although most will. It doesn't change the fact though it's the customers responsibility.

TCX actually put in their terms and conditions

Reconfirming flight times

We will inform you of any significant changes to your flight as soon as we become aware of them (see section below: 'Changes made by Thomas Cook Airlines prior to travel'). If flight times change
significantly, we will send a revised confirmation itinerary to the email address or postal address that you gave at the time of booking. If you booked through another travel agent, all communication will be sent to that travel agent.

However it is your responsibility to reconfirm all flight details at least 48 hours prior to departure by viewing your booking itinerary online using our 'Manage Booking' facility on this website."

Alifiroke

Thanks for all replies so far. I agree it's a complicated one.

To clarify a few points:

• The itinerary was issued by Thomas Cook but specified Condor as the aircraft.
• Both arrival and departure flights were listed as 'Thomas Cook DE****'.
• The ATOL certificate names Thomas Cook Tour Operations Ltd as the organisation protecting our flights.
• The receipt from the agent (Imperial Travel Ltd) states that they are acting for and on behalf of the consumer, and as a booking intermediary for Flythomascook.
• Condor state that they advised the agent of the flight change on 6th July 2015. The flight date remained unchanged (3rd November 2015) but the time was changed from 11:45 to 17:30.
• The flight number remained the same.
• We booked on 31st August 2015 and were not informed of the change until we were already in Tenerife.
• We flew out on 25th October 2015. The itinerary printed off Thomas Cook's website on 17th October still gave the return flight time as 11:45.

Any more clarity?!

Caz3121

this was not a cancellation, this was a schedule change (date and flight number unchanged)
I doubt there is any compensation if you did not follow the requirements of the T&Cs (as in post 5)
By all means make a complaint to your agent but I would fully expect that they will direct you to the T&Cs

Alifiroke

"However it is your responsibility to reconfirm all flight details at least 48 hours prior to departure by viewing your booking itinerary online using our 'Manage Booking' facility on this website."

We did this a week prior to departure, as per the last bullet point on my last post. As far as we can see it still classes as a delay as we were not informed until it was too late to argue.

Caz3121

you need to take this up with your agent. The airline will be able to confirm that they advised your agent of the time change more than 14 days in advance so that gets them off the hook in as much as EU261 goes. The fact that the agent did not notify you is one to take up with them but the agent themselves cannot be forced to pay out EU261 as it only applies to the operating airline
Did you incur any financial losses?

Alifiroke

No but we were all back in work/school etc on just a few hours sleep the following day - we wouldn't have willingly booked a flight that got us home so late :-(

Caz3121

Alifiroke wrote: »

No but we were all back in work/school etc on just a few hours sleep the following day - we wouldn't have willingly booked a flight that got us home so late :-(

so if it was a flight only booking and you were made aware of the time change you would have had the option to cancel and receive a refund and been able to rebook with another carrier - it does look like there were other carriers operating earlier flights on this route
If it was a package holiday a change of less than 12 hours would likely not have allowed you to cancel
Not sure if you were able to check Condor MMB but as to why Thomas Cook showed the incorrect time even after the change is a question you will need to put to them