In short: under UK261 and EU261, the operating airline – the one that actually flies the plane – owes you care, re-routing or a refund, and compensation, however you bought the ticket. Booking through an online travel agent (OTA) or a high-street agent does not change that. The Court of Justice has also ruled that a cancellation refund can include the agent’s commission if the airline knew about it, and that an airline cannot escape compensation by saying it told the agent about a cancellation in time if the passenger was not told. Package holidays are different: refunds of the package come from the organiser under package travel law, while delay compensation still comes from the airline.
UK searches like “Opodo refund”, “Expedia cancelled flight” and “booking.com flight cancellation” show how many passengers are caught between an agent and an airline. Here is who is responsible for what.
Rule 1: the operating airline is liable
The regulation places its obligations on the operating air carrier – the airline that performs, or intends to perform, the flight (Article 2(b)). Article 3(5) says the regulation applies to any operating air carrier providing transport to covered passengers.
Citizens Advice puts it plainly: claim from the airline that operated the flight, even if you booked with someone else. That matters for:
- OTA bookings (Expedia, Opodo, Booking.com, Trip.com, lastminute.com and similar);
- codeshares – for example a flight sold under a British Airways flight number but operated by another airline: you claim from the operator;
- corporate travel agencies booking business trips (business trips and your employer).
| What you want | Who to ask |
|---|---|
| Meals, hotel, re-routing on the day | The operating airline (at the airport or in its app) |
| Fixed compensation (£220–£520 / €250–€600) | The operating airline |
| Refund of a flight-only ticket | The operating airline – it may pay via the agent |
| Refund of a package holiday | The package organiser (tour operator or agent acting as organiser) |
| The agent’s own booking or service fees | The agent, under its terms (but see Rule 2) |
Rule 2: the refund can include the agent’s commission
In Harms v Vueling (C-601/17, 2018), a family booked Hamburg–Faro on Opodo and paid €1,108.88. When the flight was cancelled, Vueling refunded only the €1,031.88 it had received from Opodo and refused the remaining €77 – Opodo’s commission. The Court of Justice ruled that the refundable ticket price includes the difference between what the passenger paid and what the airline received, unless the commission was set without the airline’s knowledge – a point for the national court to check.
In practice: if you are refunded less than you paid the agent, ask the airline to refund the difference, citing Harms.
Rule 3: “we told your travel agent” is not enough
Compensation for a cancellation depends on how much notice you got (less than 14 days, under Article 5). Airlines sometimes say they informed the agent in time.
In Krijgsman (C-302/16, 2017), a passenger booked Amsterdam–Paramaribo through an online agent. The airline told the agent of the cancellation more than a month ahead, but the agent only passed it on 10 days before departure. The Court of Justice held that the airline must prove that the passenger was informed in time; if it cannot, it must pay compensation, even though the booking was made through an agent. The airline can then seek recourse against the agent under national law – that is between them, not your problem.
So when you claim after a late cancellation notice, give the date you were told, and keep the e-mail or text that told you.
Getting a refund when the agent is in the way
OTAs often sit between you and the airline for refunds. Common problems: the airline says “contact your agent”, the agent says “we’re waiting for the airline”, or the agent offers credit instead of money.
- Write to the operating airline and ask for the refund under Article 8 (7 days), noting that you booked via the agent.
- Write to the agent asking it to process the refund and pass on the money as soon as it receives it.
- Refuse credit or vouchers unless you want them – under the regulation, refunds are paid in money unless you sign up to vouchers (vouchers instead of cash).
- Keep a timeline of every message. If 7 days pass without a refund, escalate (flight refund rights).
- Consider your card issuer. If you paid by card, ask your bank whether a chargeback, or a claim under section 75 of the Consumer Credit Act (for credit card purchases), is available. Card protection rules can be more complicated when you paid an agent rather than the airline, so ask your card provider.
Package holidays: different rules for the refund
If your flight was part of a package – for example flights plus hotel bought together from a tour operator or an agent acting as organiser – the ticket refund rules in Article 8 give way to package travel law (in the UK, the Package Travel and Linked Travel Arrangements Regulations 2018). Under those rules, if the organiser cancels the package, the refund of what you paid is due within 14 days. Flight compensation for a delay or late cancellation is still claimed from the operating airline.
Many UK packages are also ATOL-protected, which matters if the organiser fails. See package holiday flight delays.
Compensation claims: no need to go through the agent
You can claim compensation directly from the operating airline using its own form; you don’t need the agent’s permission. Use the airline booking reference if you have it (it is often different from the OTA reference – check your e-ticket or the airline’s “manage booking” page). If the agent made the booking in its own systems, the airline may ask for both references.
Airline-specific claim routes are on our airline pages, for example Ryanair, easyJet, British Airways and Jet2.
Separate flights combined by the agent
Some agents combine flights from different airlines on separate tickets. If each flight has its own airline booking, the regulation generally treats them as separate journeys, so a missed connection is your risk unless the agent’s own guarantee covers it. See connecting flights on separate tickets.
Checklist
- Identify the operating airline (on the boarding pass: “operated by”).
- Find the airline’s booking reference.
- Claim care, refund and compensation from that airline.
- Check whether your refund includes the agent’s commission (Harms).
- For late cancellations, note when you were told (Krijgsman).
- For packages, ask the organiser for the package refund.
- Use our checker to see whether compensation is due.
Sources
- Regulation (EC) No 261/2004 – Article 2 (Definitions), UK version – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 3 (Scope), UK version – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 8, UK version – legislation.gov.uk
- Press release No 128/18, Harms v Vueling (C-601/17) – Court of Justice of the European Union
- Airlines must compensate travellers if they cannot prove they notified a cancellation in time (Krijgsman, C-302/16) – Agence Europe
- If your flight’s delayed or cancelled – Citizens Advice
- The Package Travel and Linked Travel Arrangements Regulations 2018 – legislation.gov.uk