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  • FIRST POST
    • Dannyboywhufc
    • By Dannyboywhufc 3rd Oct 17, 1:08 PM
    • 10Posts
    • 4Thanks
    Dannyboywhufc
    Section 75 - Return Flight
    • #1
    • 3rd Oct 17, 1:08 PM
    Section 75 - Return Flight 3rd Oct 17 at 1:08 PM
    I've searched for an answer on this, but can't seem to find one.


    I flew out with Monarch on 27/09/17 and was due to fly back on 02/10/17, but the flights were cancelled.


    I paid by credit card, but the amount on the credit card statement is for the outward and return flights combined. There wasn't an issue with the outbound flight, but I want to claim for the return leg. Unfortunately, I can no longer log into the Monarch site to see what I paid for the return leg and it isn't on any documentation.


    Do I just claim for the full amount and see what the bank come back with or would I have to do something else?




    Thanks
Page 1
    • zx81
    • By zx81 3rd Oct 17, 1:12 PM
    • 13,686 Posts
    • 14,151 Thanks
    zx81
    • #2
    • 3rd Oct 17, 1:12 PM
    • #2
    • 3rd Oct 17, 1:12 PM
    Just claim for your consequential loss. Ie whatever you had to pay to get home

    Alternatively claim via your travel insurance
    • Dannyboywhufc
    • By Dannyboywhufc 3rd Oct 17, 1:18 PM
    • 10 Posts
    • 4 Thanks
    Dannyboywhufc
    • #3
    • 3rd Oct 17, 1:18 PM
    • #3
    • 3rd Oct 17, 1:18 PM
    We didn't have to pay to get home. The government provided free flights through another provider, but the flight I purchased from Monarch wasn't provided, so I don't want to pay for it.


    I don't know how I can find out the cost of the return flight. Does the fact the return flight wasn't provided mean I'm entitled to a full refund, partial refund or none at all?
    • BorisThomson
    • By BorisThomson 3rd Oct 17, 1:18 PM
    • 399 Posts
    • 615 Thanks
    BorisThomson
    • #4
    • 3rd Oct 17, 1:18 PM
    • #4
    • 3rd Oct 17, 1:18 PM
    Did the CAA not get you home?

    Cross post. You've no right to a refund, the service was provided, albeit by a different airline. Any airline will reserve the right to substitute their service.

    (And seriously, be grateful that you were brought home with no difficulties!)
    • PeacefulWaters
    • By PeacefulWaters 3rd Oct 17, 1:23 PM
    • 6,997 Posts
    • 8,604 Thanks
    PeacefulWaters
    • #5
    • 3rd Oct 17, 1:23 PM
    • #5
    • 3rd Oct 17, 1:23 PM
    The CAA are "working with credit card companies" to get part of their £60m back for bringing people like you home.

    You're not out of pocket. You've received a return flight.

    You have no claim.
    • Dannyboywhufc
    • By Dannyboywhufc 3rd Oct 17, 1:24 PM
    • 10 Posts
    • 4 Thanks
    Dannyboywhufc
    • #6
    • 3rd Oct 17, 1:24 PM
    • #6
    • 3rd Oct 17, 1:24 PM
    Did the CAA not get you home?

    Cross post. You've no right to a refund, the service was provided, albeit by a different airline. Any airline will reserve the right to substitute their service.

    (And seriously, be grateful that you were brought home with no difficulties!)
    Originally posted by BorisThomson

    Apologies, I'm only trying to find out my rights. I have no idea on these matters. I've never claimed anything before, so don't have a clue.


    The CAA did get me home, and I can't speak highly enough on how well organised it was. At such short notice, everyone did an amazing job.
    Last edited by Dannyboywhufc; 03-10-2017 at 1:28 PM.
    • zerog
    • By zerog 3rd Oct 17, 1:49 PM
    • 2,288 Posts
    • 764 Thanks
    zerog
    • #7
    • 3rd Oct 17, 1:49 PM
    • #7
    • 3rd Oct 17, 1:49 PM
    As others have said, you received the service you paid for, which was a flight from your holiday destination to the UK - under comparable transport conditions to the original flight you were expecting.

    If you hadn't paid for the Monarch flight, then you wouldn't have been entitled to the replacement flight without paying separately for it. So I can't see how a Section 75 claim would succeed.

    (If the replacement flight's arrival time was more than 2 hours after the original scheduled arrival time, then you may have an EC261/2004 compensation claim against Monarch - good luck with getting any money from an insolvent company)

    Furthermore, if the outbound and inbound flights were separate tickets according to Monarch, rather than a single price for a ticket containing two flights, then each of them would need to have cost over £100 for Section 75 to apply.
    • Dannyboywhufc
    • By Dannyboywhufc 3rd Oct 17, 1:50 PM
    • 10 Posts
    • 4 Thanks
    Dannyboywhufc
    • #8
    • 3rd Oct 17, 1:50 PM
    • #8
    • 3rd Oct 17, 1:50 PM
    The CAA are "working with credit card companies" to get part of their £60m back for bringing people like you home.

    You're not out of pocket. You've received a return flight.

    You have no claim.
    Originally posted by PeacefulWaters

    Thanks. Much appreciated.
    • Dannyboywhufc
    • By Dannyboywhufc 3rd Oct 17, 1:57 PM
    • 10 Posts
    • 4 Thanks
    Dannyboywhufc
    • #9
    • 3rd Oct 17, 1:57 PM
    • #9
    • 3rd Oct 17, 1:57 PM
    As others have said, you received the service you paid for, which was a flight from your holiday destination to the UK - under comparable transport conditions to the original flight you were expecting.

    If you hadn't paid for the Monarch flight, then you wouldn't have been entitled to the replacement flight without paying separately for it. So I can't see how a Section 75 claim would succeed.

    (If the replacement flight's arrival time was more than 2 hours after the original scheduled arrival time, then you may have an EC261/2004 compensation claim against Monarch - good luck with getting any money from an insolvent company)

    Furthermore, if the outbound and inbound flights were separate tickets according to Monarch, rather than a single price for a ticket containing two flights, then each of them would need to have cost over £100 for Section 75 to apply.
    Originally posted by zerog

    Thanks. It makes sense to me now.


    I'd wrongly assumed that the flight only bookings would be refunded to the individuals and that the government would claim back through ATOL for those that were covered, but it's clear that I'm talking out of my....
    • PeacefulWaters
    • By PeacefulWaters 4th Oct 17, 9:43 AM
    • 6,997 Posts
    • 8,604 Thanks
    PeacefulWaters
    Thanks. It makes sense to me now.


    I'd wrongly assumed that the flight only bookings would be refunded to the individuals and that the government would claim back through ATOL for those that were covered, but it's clear that I'm talking out of my....
    Originally posted by Dannyboywhufc
    What's clear is that you can see an alternative point of view when one is put to you.

    I'd say that's a good thing.
    • eco_warrior
    • By eco_warrior 11th Oct 17, 7:24 PM
    • 18 Posts
    • 6 Thanks
    eco_warrior
    I've searched for an answer on this, but can't seem to find one.


    I flew out with Monarch on 27/09/17 and was due to fly back on 02/10/17, but the flights were cancelled.


    I paid by credit card, but the amount on the credit card statement is for the outward and return flights combined. There wasn't an issue with the outbound flight, but I want to claim for the return leg. Unfortunately, I can no longer log into the Monarch site to see what I paid for the return leg and it isn't on any documentation.


    Do I just claim for the full amount and see what the bank come back with or would I have to do something else?


    Thanks
    Originally posted by Dannyboywhufc
    Just contact your bank and they will sort it via chargeback, even if you don’t have a price breakdown. Many customers are in the same boat.

    Your bank could charge back the full amount paid and between them and the merchant bank they can find out the individual cost and refund you that.
    • zx81
    • By zx81 11th Oct 17, 7:26 PM
    • 13,686 Posts
    • 14,151 Thanks
    zx81
    They won't do a chargeback, as flights were provided, as discussed at length above.
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