Flight delay compensation - a confusing one!

shuggybrain

Hi all, 

I’d love some advice with this please as the travel agents are telling me very different to what I’m reading online. 

I booked a flight via Crystal travel (travel agents) from London Heathrow to Johannesburg on Ethiopian airlines scheduled for 10:20am departure on 1/4/23. 2 days before the flight I logged on and it had been changed to depart 21:00pm on 1/4/23. At no point was I made aware of this change in schedule. 

Lots of calls to the airline later, we agreed to get on this new flight as it was the only real option (other flights would get us there even later, cost a fortune etc.). We missed an internal flight from Johannesburg to Hoedspruit though because of the delay and had to book a taxi instead. 

I have read all the information about how I am owed up to £520 compensation per person due to the length of flight, length of delay and the fact they didn’t give us more than 14 days notice. 

This is where it gets complicated though, Ethiopian airlines claim they told Crystal travel in September 2022, and Crystal travel have agreed with this. When I discuss with Crystal travel about compensation, they say because they’re a travel agency and we took the new flight offered to us (that got us in 9 hours 10 minutes late) we aren’t entitled to the compensation. They have instead offered us the money for the flight we missed. 

This doesn’t seem to match with what I’ve read, but am I wrong?? 

Thanks so much in advance for any help offered! 

bagand96

EC261 Passenger rights (and the adopted into UK law version) only apply to airlines. And there's no claim against Ethiopian as they did what was required and gave notice of the schedule change. 

Your agent failed by not passing this on. Your complaint is against Crystal Travel. But you can't enforce EC(UK) 261 against them so they're correct in saying that. 

I do agree though they completely failed in their duty as agent and should offer something.

Tough lesson - either book direct with the airline, or if you use an agent regularly check your booking on the airline's own website! 

Caz3121

booking far out there is always risk of schedule changes, checking your booking regularly on the airline website is important...it sounds like you did not look at your booking in 6 months + before flight. You would have been in a much better position for rebooking etc had you known about this further in advance.
Crystal messed up but they are not liable for EU/UK 261 compensation as they are not the airline. 
I would add that checking booking regularly applies even when booking direct with airline. There is less chance of things getting missed as no middleman but I have previously picked up reschedules before being notified by the airline which gave me more options than if they were re-accommodating everyone that was notified at same time.

eskbanker

Crystal Travel appears to be an ABTA member, so you can go through Crystal's complaints process and escalate to ABTA if unsatisfied, but I'd agree with the above posts that there's no entitlement to the fixed tariff compensation, so you're really left with trying to negotiate something rather than claiming costs under a legal entitlement as such....