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In June 2017, I flew with my family and mother in law from London Gatwick to Prague. I booked the flights through BudgetAir with the SmartWings airline.

When we arrived at Gatwick for departure, we found that the outbound flights were later than shown on our ticket. This was not a big problem and we waited then borded and flew to Prague. We didn't think anything more of this at the time.

When we arrived at Prague airport for the return flight, we found that that flight service had not run on that day (Sunday) for many months. The airline had rescheduled the flight and we were not notified. We were not notified by the SmatWings, or by BudgetAir.

It was a Sunday and my wife and I both had work the next day, so we could not wait for the next available SmartWings flight that week. We decided to buy alternative return flights, but our only option was to London Southend, so we got a taxi transfer to our car at Gatwick.

BudgetAir agreed to refund the cost of the original flights, but not the other expenses incurred that day. I declined stating that I wanted full compensation.

I attempted to make a claim for this through SkyCop and after around 2 years, they finally responded saying that it was unlikely that our claim would be successful.

The details of your case require it to be argued in a specific location. Previous attempts at this location were unsuccessful, and we strongly believe that is not likely to change in this case. We’re sorry we don’t have better news for you. Your claim will be closed at this point. You can always file a separate claim with the airline to get reimbursement for your fare or a refund of costs you paid due to the flight disruption. But from our side, we can’t move forward here.

I'm not sure what I should do here and what my legal position is. Should I contact BudgetAir again, or SmartWings? Do I have a chance of getting compensation for those extra expenses?

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SkyCop make claims against airlines on your behalf based on the (EC) 261/2004 (Air Passenger rights EU) regulations. They are saying that your claim will probably not be successful because basically the airline are not at fault in this case.

Your contract was with the BudgetAir (3rd party) as they sold you the tickets, and they were the ones that provided the incorrect information to you, not the airline. So this is why a claim against the airline will not work and the claim against BudgetAir cannot be based on the EC 261/2004 regulation as that is not relevant in this case as the airline did not change the flights but the flights were effectively mis-sold to you by BudgetAir.

Therefore, I think you need to make a claim based another law maybe based on consumer rights and that you were mis-sold a service. For this you will probably need to contact a consumer rights organisation to help you or a lawyer.

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