Originally Posted by
ScottElliott86
It sounds like it was their responsibility to inform us of this change and not BA.
[...]
so looks like that the end of story I guess BA are not on the hook for anything and its all over to the agents
Originally Posted by
vbroucek
That's the ugly part of OTA. Even if you do not find the e-mail from Expedia, I do not think you will have any luck getting anything from them...
The burden of proof on whether the passenger has been informed is on the airline, not the other way around. This is stated quite explicitly in paragraph 4 of Article 5 of the Reg:
Originally Posted by Art 5(4) of Reg 261/2004
The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
Besides, let us not forget that technically the travel agent is the airline's agent, not the customer one. If they fail to notify, it would in any event be the airline's problem rather than the passenger's.