Can I get full refund after the correspondence flight gets cancelled in a booking trough a travel agency

Question

I had made a booking to travel from London to Greece some days ago. There were two flights in the booking. The second flight got cancelled and I am looking for the travel agency to refund me for the whole trip as I cannot reach the second destination and there are no other alternatives due to coronavirus.

Note that the two flights were made in the same booking. I didn't pick them. The whole trip came up as an option. The two flights are operated by two different companies. The one that wasn't cancelled is operated by wizzair.

I am expecting the agency (kiwi.com) to fully compensate me. Is that possible? I know that in some cases, they might ask for the fees to the travel agency to be paid normally. Is that also correct?

Answer 1

I am expecting the agency (kiwi.com) to fully compensate me. Is that possible?

You are entitled to a full refund unless (1) a clause in the contract you signed with the travel agency allows the company to retain a portion of your payment regardless of the outcome, or (2) your local authorities have issued a decree relieving airlines and/or agencies from certain liabilities that would ordinarily ensue were it not for the coronavirus crisis.

The airline's cancellation of the 2nd route frustrates the whole purpose of your contract with the travel agency. Since the travel agency unilaterally set up this combination of flights, you cannot be made liable for events that are not even attributable to you. If anything, the travel agency would have to seek recovery from the airline that cancelled the flight.

they might ask for the fees to the travel agency to be paid normally. Is that also correct?

It depends on the terms of your contract and the legislation.

Even if you agreed to that in a contract with the travel agency, the clause might be null and void for being in violation of the statute(s) against "unfair and deceptive practices" applicable in the jurisdiction where the transaction took place.

Answer 2

Your rights w.r.t. Kiwi.com are something like this (if their terms are uniform across countries). One prominent point is that they have different levels of customer service (for a price). They are obligated to notify you if a carrier cancels a flight and give you a list of options. One form of "refund" (called "instant refund") is a credit for future flight; they will also contact carriers to attempt to obtain an actual refund, but they do say that "some carriers might only provide vouchers or other non-monetary refunds".

Primary liability resides with the carrier. The EU Commission has reminded carriers that they can't just say "Sorry, covid-19 and all, we're keeping the money".