Stuck between a rock and a hard place...

JPears

Didn't we have a ruling or direction somewhere that states the airline is still responsible for informing passenger, even if booked through a third party agent?

Tyzap

Yep, see post 2.

KevinK

JPears wrote: »

Didn't we have a ruling or direction somewhere that states the airline is still responsible for informing passenger, even if booked through a third party agent?

Tyzap wrote: »

Yep, see post 2.

Further details on this would be really helpful, ideally something I can quote to the airline. Very close to giving up and going the legal route but this sounds promising.

KevinK

Airline got back to me yet again saying to take it up with the third party, so the above would really help.

Tyzap

KevinK wrote: »

Further details on this would be really helpful, ideally something I can quote to the airline. Very close to giving up and going the legal route but this sounds promising.

Hi Kevin,

Just quote the following from the EC261/2004 regulation. It should be sufficient as they have already admitted that they did not inform you directly.

3.2.5. Burden of proof in the event of cancellation
Article 5(4) of the Regulation imposes on air carriers the burden of proof as regards whether and when the passengers have been individually informed about the cancellation of their flight.

5(4). The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Good luck.

Vauban

Tyzap wrote: »

Hi Kevin,

Just quote the following from the EC261/2004 regulation. It should be sufficient as they have already admitted that they did not inform you directly.

3.2.5. Burden of proof in the event of cancellation
Article 5(4) of the Regulation imposes on air carriers the burden of proof as regards whether and when the passengers have been individually informed about the cancellation of their flight.

5(4). The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Good luck.

Also this:

http://www.moneysavingexpert.com/news/travel/2017/05/cancelled-flight-airlines-must-now-tell-you-directly

jpsartre

Since the OP booked from Kiwi.com it's quite possible the contact details on the booking was Kiwi's and not the OP's. You can't demand that the airline notifies the pasenger directly unless the airline actually has the contact details of the passenger!

Vauban

jpsartre wrote: »

Since the OP booked from Kiwi.com it's quite possible the contact details on the booking was Kiwi's and not the OP's. You can't demand that the airline notifies the pasenger directly unless the airline actually has the contact details of the passenger!

The European Court has been very clear on this - it is for the airline, not a third party travel agent, to prove that the passenger has been informed of the cancellation or schedule change. If they can't do this, the passenger is entitled to compensation. So the airlines need to ensure that they have the contact details of the passenger - even when booked by a third party (or have confidence in the performance of the third party, since the airline remains on the hook for the liability).

jpsartre

My point is, how can Aer Lingus possibly know or ensure that they have the contact details of the passenger if the ticket is booked by a Kiwi employee, using Kiwi email addresses and phone numbers? They can't even know that the ticket is booked by a 3rd party. It's very different from a case where the airline has the contact details of the passenger but chooses to inform only the agent.

Vauban

And my point is that the airline retains the legal liability, so it would probably be a good idea if it had the systems to collect and store this information. Or it can trust the travel agents to pass on the updates - but in the knowledge that if the travel agents can't prove they've done this, the airline are on the hook for liability. If I were running an airline, I know which I'd do.