please help: Travel agent denies responsibility for failing to cancel my ticket

silvercrown

I would really appreciate any advice right now. Please help if you've had similar experiences with a travel agency.
I have recently missed a flight because I found out that my passport had expired the day before the flight. However, I had more than 24 hours to change or cancel the booking. But I could not get through to the travel agent's phone number and my emails were not replied. (This happened on a Saturday, but the stated office hours outside their office in my town were 10- 1 pm). There was also no one in the office during those hours. So I went on the British Airways website and tried to change or cancel my booking but I could not as according to the website any changes would
have to be made by the travel agent.

However my travel agent contacted BA and said that although I could not change the booking, I could have called the airline to cancel the booking and that there was nothing they could do other than a small refund of 56euro. To confirm their story, I emailed BA and was told this: that the travel agency was responsible for ' any changes you need to make, or if you decide to cancel your ticket they must action that for you - they are the 'owners' of your booking. You may even have paid them a service fee for creating your booking, which should also include provision for them to help you with any future queries you have with that ticket'.

After receiving this reply from BA and forwarding to my travel agent I was confident she would admit that she was responsible. However she insists that I was classed as 'No-show', and therefore, there is nothing that they can do.

I am wondering whether she/travel agency is liable?

btw: regarding the phone calls that were made by me, I had tried to contact her by calling all the phone numbers that I could find; I tried the contact number on the itenary ticket, and one that was on their website. However, the agent told me that they usually place a notice with the contact details of their other office in Ashbourne outside their office as they do no open every Saturday. Although I did not see such a notice on that day, its not something I can prove.

whippet

silvercrown wrote: »

I am wondering whether she/travel agency is liable?

what did the order confirmation from the travel agency say about cancellations or changes ? Is there a chance that the travel agent sold a ticket that had different terms and conditions to those sold by the airline directly - as in cancellation policies etc?

silvercrown

Thanks for replying. My ticket was changeable and refundable as I had asked the agent about changing or cancelling the booking before. I am pretty sure that the ticket had the same terms and conditions to BA.

GerardKeating

silvercrown wrote: »

Thanks for replying. My ticket was changeable and refundable as I had asked the agent about changing or cancelling the booking before. I am pretty sure that the ticket had the same terms and conditions to BA.

Unless the Travel agent promised a 24/7 service, I doubt if they are liable for anything.

silvercrown

GerardKeating wrote: »

Unless the Travel agent promised a 24/7 service, I doubt if they are liable for anything.

But I contacted them during their stated office hours?
Thanks for replying anyway.

eviltwin

The agent can't cancel or change your booking if they didn't know about it. It was a last minute thing and the onus would be on the passenger to make sure their passports etc are all up to date. I'm surprised the airline didn't help you seeing as the agent wasn't available, I worked in travel for a long time and if an agent wasn't open the airlines would usually be helpful if the ticket restrictions allowed it. Did you contact the airline within the window for changes?

antoinolachtnai

The agent has to be available to manage the booking though. It's part of the service they charge for and it was reasonable of you to expect 6-day service if that is their customary hours.

If it is BA's position, stated in writing that they have to take the cancellation through the agent, then you would seem to be in a strong position. That said I would give credence to eviltwin's position. I've never dealt with BA on something like that but airlines are helpful enough if you have a ticket that allows cancellation (which is usually a premium priced ticket).

I would say it is worth a letter to the regulator. I don't know how that will go for you. If it's worth enough money and you were on personal travel it might be worth a run to small claims.

silvercrown

Antoinolactnai, your answer is similar to the advice that the BA staff member gave me; they told me that the agency was responsible in cancelling or changing the ticket. Also,yes, it was clearly stated on their website and in their emails to me after this incident, that any changes had to be made through the agency.

Eviltwin, I admit I feel so silly for not having called the airline, but it was exactly because of what was stated on the website.

I'm unsure as to what else I can do/say to the travel agent so your replies are really helpful. Thank you