Sophie Phillips successfully represents major airline ticket broker in dismissing claim for flight refunds arising from the Covid-19 pandemic
Park Square BarristersSophie Phillips acted on behalf of the successful defendant in a claim brought by a passenger whose flights had been cancelled as a result of the Covid-19 pandemic.
The claimant brought a claim against the airline ticket broker and alleged that as payment for the flights had been made to the ticket broker direct then they were entitled to seek recourse from them as the named defendant.
However, airline ticket brokers/agents are not subject to EC regulation 261/2004 and therefore have no legal obligation to provide a refund. In addition, airline ticket brokers are not the service provider and so if there has been a delayed or cancelled flight then it is the airline who has been unable to fulfil their obligations; ticket brokers are merely an intermediary service brokering airline tickets for consumers to purchase.
Many airline ticket brokers/agents will usually also confirm within their terms and conditions that they do not accept liability for any delayed or cancelled flights by the airline. It is therefore also unlikely that a consumer will be able to bring a claim under contract law against the ticket broker/agent. If a consumer has purchased tickets from a ticket broker they are taken to have read the terms and conditions and agreed to enter into them unless it can be shown (in very exceptional circumstances) that the terms were not applicable. In the instant case, the claimant was found to have read and understood the terms and so they were bound by them; they therefore had no cause of action in contract law against the defendant.
It is important to note that this is only the case in flight-only bookings. If a consumer has booked a package holiday, the travel agent will be wholly responsible under the Package Travel Regulations 2018.
The best course of action for a consumer whose flights have been cancelled as a result of the Covid-19 pandemic is to pursue the airline direct for any refund as opposed to the ticket broker/agent.
Sophie’s work involves a variety of contractual and commercial disputes.
Sophie prides herself on her attention to detail which is particularly pertinent when dealing with often complex issues, which arise from commercial and chancery matters. She has experience of dealing with both lay clients and professional clients in what can sometimes be very challenging situations in order to achieve the best result.
If you would like to instruct Sophie, please contact one of her clerks:
Senior Clerk – Andy Reeves on 0113 213 5252