Iberia/BA - Flights cancelled - but the actually Flights are not!

CKhalvashi

uu_26 said:

I've just spoken with Lastminute.com customer services, didn't get so speak to anyone senior, but I pitched the e-ticket agrument and was placed on hold for longer than usual so hoping that was a good sign, anyway they said they will put in an urgent request to replace the flights but they would need to wait to hear back from the airline. I did mention that the prior two times this had been requested it had been refused, and that they need to highlight that an e-ticket had been issued, but not sure this was taken on board. 

Worryingly, he also suggested that if a refund was issue, it would be minus Lastminute.com fees and flight taxes, I said that didn't sound right, and he then backtracked and said he wasn't sure, I asked him to confirm the flights hadn't been cancelled on their system as then my chances of getting alternative flights are non-existant, and he confirmed the booking was still live on their system. 

You would be liable to pay any fees to your booking agent as stipulated in the contract between you and them.

Some passenger rights legislation doesn't apply as you are not the customer of the airline.

To avoid this happening in the future, book directly with the airline.

uu_26

CKhalvashi said:

uu_26 said:

I've just spoken with Lastminute.com customer services, didn't get so speak to anyone senior, but I pitched the e-ticket agrument and was placed on hold for longer than usual so hoping that was a good sign, anyway they said they will put in an urgent request to replace the flights but they would need to wait to hear back from the airline. I did mention that the prior two times this had been requested it had been refused, and that they need to highlight that an e-ticket had been issued, but not sure this was taken on board. 

Worryingly, he also suggested that if a refund was issue, it would be minus Lastminute.com fees and flight taxes, I said that didn't sound right, and he then backtracked and said he wasn't sure, I asked him to confirm the flights hadn't been cancelled on their system as then my chances of getting alternative flights are non-existant, and he confirmed the booking was still live on their system. 

You would be liable to pay any fees to your booking agent as stipulated in the contract between you and them.

Some passenger rights legislation doesn't apply as you are not the customer of the airline.

To avoid this happening in the future, book directly with the airline.

Thank you, I've just checked their T's&C's and it would appear the differentiation is whether I or the Airline have cancelled, and would appear they will offer a full refund for cancellation by airline. I'm never going to book via 3rd party again, and will only book direct with the airline. I've learnt my lesson. 

Amendment/cancellation by you
1. It is your responsibility to check the details of your booking. If you have made a mistake it cannot always be rectified after your booking has been confirmed.
2. If you wish to cancel or amend your Flight booking for any reason, your request will be subject to the airline’s Fare Rules. Cancellations and amendments may be subject to the airline charging an administration fee for any change (which may be equal to or greater than the total amount of your booking).
3. In addition, lastminute.com may charge an administration fee for any changes to your booking. If the changes affect more than one person on the booking, then we may charge an administration fee per person.
4. Please note that Booking Fees and credit card charges are non-refundable.
Amendment/cancellation by us or the airline
1. In the unlikely event that the airline cancels or amends your booking (for example due to scheduling changes), or is otherwise unable to fulfil your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking. If the airline is unable to fulfill your booking and is unable to provide an alternative, your booking will be cancelled with a full refund.
2. If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions.
3. Changes to flight times: the flight time displayed on your ticket may change between the date of your booking and the date of travel, for example due to rescheduling or other incidents. It is your responsibility to check the airline’s website for any chance to the flight time before you travel.

uu_26

Whilst checking the contract page, I've also noticed this, does this suggest that I do have a contract directly with Iberia/BA? 

1. Your contract
1. As outlined in the General Terms and Conditions, we provide you with booking services that facilitate the contract between you and the airline. When you book a Flight via our Booking Channels, LMnext Services (UK) Ltd acts as agent between you and the airline.
   
   LMnext Services (UK) Ltd is a company registered in England and Wales under company number 9400951, with its registered address at 77 Hatton Garden, London EC1N 8JS. Its VAT number is GB 205 7906 10.
   
   Therefore, when you book a Flight, your contract for the provision of the Flight is directly between you and the airline, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services.

CKhalvashi

In reality it would depend on whose email address was used. They are your booking agent as far as the airline is concerned and therefore while you can speak to them, I take that to mean the performance of the flight is LM's responsibility (meaning they don't hold an AOC).

Having been involved in the complexities of an AOC application process several years ago and given how LM operate, that's probably a good thing

uu_26

CKhalvashi said:

In reality it would depend on whose email address was used. They are your booking agent as far as the airline is concerned and therefore while you can speak to them, I take that to mean the performance of the flight is LM's responsibility (meaning they don't hold an AOC).

Having been involved in the complexities of an AOC application process several years ago and given how LM operate, that's probably a good thing

Thanks, I'll see how it plays out! 

uu_26

I had a call back from Lastminute yesterday, they said that Iberia are still refusing to rebook the flights, and the booking is cancelled, they are not prepared to take it any further. They said my only option would be to speak to the either Iberia or BA direct if I wanted a different answer. 

I managed to speak to someone really helpful at BA yesterday afternoon, he said that he would have happily re-allocated, but as the e-ticket started with 075 which is Iberia's code he couldn't physically do it. 

I spoke with Iberia this morning, and they refused to even discuss the situation, they said that whilst 075 is their code, that 07539 is a different code, and that they can't discuss Travel Agent bookings and provided the number for Travel Agents. I called the Travel Agents number and they wouldn't discuss with me as I wasn't a travel agent, so time to throw in the towel unfortunately.