Cancelled flight booked through travel agent - compensation

[Raduska]

Hi guys, I desperately need an advice regarding a flight I booked from the travel agent called Tripsta UK. It was CSA (Czech Airlines) flight operated by Smartwings, departure on 28/6/2016. The flight was cancelled on 24/5/2016 but nobody let me know about it and nobody wants to pay me any form of compensation. Tripsta said that they sent me an email on 21/6 but I haven't received anything. I checked my email box throughout.

 

They sent me a print screen of the email and the email said to contact them back by 24/6/2016 to confirm the change but I didn't contact them back so I didn't confirm anything. They rescheduled the fight automatically on 28/6/2016 at 21:20pm so we had 14 hours gap! Even if they sent me the email on 21/6/2016, they still didn't act according to the regulations issued by EU (Regulation 261/2004) which says that they have to inform me 2 weeks prior to the departure. Therefore I believe that the compensation should be paid to me.

 

I contacted the airline and they said they can't take any responsibility for that because the flight was purchased through travel agent and not through them. They also informed me about Resolution 830 D, paragraph 5 issued by association IATA which says that if the flight was purchased through travel agent, the travel agent should inform me regarding the change.. It says:"“the Agent shall notify the customer of the reservations status of all segments and associated services and of any changes thereto. “

 

The problem is that Tripsta says that according to their terms and conditions they take no responsibility for any changes regarding the changes of the flight schedule. To be more specific, their terms and conditions says the following:

In addition, according to our terms and conditions 4.4.2.1. Changes to flight schedules "

"In case of re-timing of flight time schedule, if you provide us with contact information, we will endeavour to notify you of any such changes. However, it is your responsibility to check with the airline that the flight (and any onward flights) you have confirmed is operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes."

 

But I still think that despite of their terms and conditions, they should follow the laws issued by EU as the laws issued by EU has higher precedence than their terms and conditions. Am I right?

 

The point is that nobody informed 2 WEEKS prior to the departure regarding the cancellation and according to the EU law I should have been informed.

I'm in the positions when both sides blame each other or they blame me and nobody wants to pay me the compensation.

I was travelling with my mum, we didn't sleep 24 hours because of this and it caused us lots of stress and it cost us lots of money to get home because we had to pay lots of money for taxi to get to our hometown at night.

It was horrendous experience and I strongly believe it was the fault of the travel agent and the airline.

 

Could you PLEASE advise me what to do and how to get some money back?

Thank you so much. Raduska

[martin2006]

Your contract is with tripsta and that is who you should be pursuing for compensation.

I am assuming you have already written to tripsta?

Have you sent a Letter before Action if you werent hapoy with their response?

Was their response a "Final Response"

 

You may need to issue a claim in the county court to get any compensation from them, is this something you are prepared to see through to the end, including a hearing before a judge?

 

There is little point threatening action if you wouldnt go through with it so you must be sure about this.