FlyerTalk Forums - View Single Post - Kiwi "Self-transfer" to BKK, Eurowings liable for entire booking
Old Jun 21, 2023 | 4:15 am
  #37  
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Originally Posted by Dave_C
I think the issue that everyone is struggling with here is the role of the agent.

The person in this case has a contract for a journey from A to B. The agent has cobbled together a variety of different flights via C and D to make this possible. What appears to be a limitation of the current IATA 'system' is that seemingly the travel agent has no liability here.

We're finally seeing consumer protection law catching up with the one-sidedness and unreasonable T&Cs in so many airlines contracts of carriage.

I'd argue that the judgement actually makes sense. It seems quite sensible for the airline to recover (via an ADM) whatever costs they deem appropriate from the agent. But ultimately the agent created a journey and formed a contract, fulfilled via the various different airlines. The agent is on the hook for ensuring the passenger gets to their final destination.
Passenger does not have a contract for a journey from A to B with the airline. Eurowings never entered a contract to fly the passenger to BKK. They only entered a contract to fly the passenger to PRG, which they did.
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