Non-cancellable flights?

phonoplug

Hi,

I've booked flights with EasyJet in January this year to Tenerife. Unfortunately we can't go now because of visa issues. I remember the flights being non-cancellable when I booked, but was wondering what the legal position on this was? Is there some clause somewhere in the law that says if you cancel something like this in good time (a month in my case at the moment), you are entitled to all or a proportion of what you paid? Or is it simply what the company says - i.e. you can change names or flight dates, subject to additional charges, but you cannot cancel for any money back?

All help much appreciated!

whatusername

Non refundable i reckon means exactly as written, no ifs or buts. I think your onto plums im afraid. Have you checked your booking confirmation as it will detail all legalities there.

elaina79

Doesn't sound good i'm afraid.

Alan_Bowen

Easyjet's rules are quite simple, once they have your money, that's it. However all is not lost. You can make name changes for a fee so if you can find someone else to travel, that may be the only way of getting something for the ticket, find out how much the fee is and then look for someone you know, and trust, to pay you for the reservation

dzug1

There's no provision in law of the sort you are thinking of.

There is a distance selling regulation which allows a cooling off period in some circumstances - but it doesn't apply to travel arrangements. Possibly it's this you were thinking of

phonoplug

Many thanks for the replies - much as I expected. Ho hum

Voyager2002

Are you sure that you can't resolve the "visa issues"? If the person who needs a visa is travelling with a spouse or family member who is an EU national, then according to European law a visa is not needed. And if the Spanish Embassy is unreasonably failing to give such a person a visa, there is an agency of the European Commission called Solvit that has the power to sort things out. Don't give up until the plane has taken off!

phonoplug

Voyager2002 wrote: »

Are you sure that you can't resolve the "visa issues"? If the person who needs a visa is travelling with a spouse or family member who is an EU national, then according to European law a visa is not needed.

Are you sure about this? I am British and my wife Zambian. She has spent a lot of time trying to get information on the net about what visa, if any she needs for a 7 day visit. Eventually the conclusion was that she did need one, and then Spanish embassy want 12 weeks to process for Zambian nationals. Not much good when we were to leave in 4 weeks. Can you point me to any web resources saying that she wouldnt need a visa?

Voyager2002

phonoplug wrote: »

Are you sure about this? I am British and my wife Zambian. She has spent a lot of time trying to get information on the net about what visa, if any she needs for a 7 day visit. Eventually the conclusion was that she did need one, and then Spanish embassy want 12 weeks to process for Zambian nationals. Not much good when we were to leave in 4 weeks. Can you point me to any web resources saying that she wouldnt need a visa?

Not so simple. Under European law she does not need a visa, so long as she travels with you and you bring proof of your marriage. However, Spain has not been keen to obey this law. The link below does include the story of a Colombian woman who succeeded in travelling there with her British husband by using the Directive, but they did have a certain amount of hassle. There is also the story of a wife who was deported from France, although her husband and the husband's French family were very well informed of their rights and of how the local system works. So don't expect an easy ride!

There are several relevant threads here:
http://www.immigrationboards.com/viewforum.php?f=13&sid=03fbb4952cbe1a14721c5835d2c1746b

Look at the first two sticky threads, and also the discussion "Do I need a Schengen visa to travel to Spain?", which includes some good links.

Your other line of attack: since your wife has a RIGHT to visit Spain and the behaviour of the Spanish embassy is denying that right, you could ask Solvit to intervene and persuade them to process her visa application in a reasonable time. So far as I know, no-one has asked them to look at this appointment system at European embassies.

An expensive but less-hassle option: there are various agencies who can get visas in a short space of time. I don't know any off-hand, but there are plenty around and their contacts enable them to help their clients to "jump the queue".

phonoplug

Thanks Voyager2002. Thats very helpful. I'm debating whether we should just travel armed with various printouts of 2004/38/EC, marriage certificate etc and be prepared for a discussion at passport control. Seems as if they will (have to) reluctantly allow you in if you know your facts. Trouble with getting visas is they do not detail the requirements to get the 'free' visa a spouse is entitled to, nor how or when you can get appointments. They only point you to the standard appointments system, a 10 minute call for the appointment at £1/min and the normal fees. No time for this now as appointments are more than 6 weeks in advance at the moment. Hmmm what to do...

Voyager2002

phonoplug wrote: »

Thanks Voyager2002. Thats very helpful. I'm debating whether we should just travel armed with various printouts of 2004/38/EC, marriage certificate etc and be prepared for a discussion at passport control. Seems as if they will (have to) reluctantly allow you in if you know your facts. Trouble with getting visas is they do not detail the requirements to get the 'free' visa a spouse is entitled to, nor how or when you can get appointments. They only point you to the standard appointments system, a 10 minute call for the appointment at £1/min and the normal fees. No time for this now as appointments are more than 6 weeks in advance at the moment. Hmmm what to do...

Personally I would take the first option, but be sure your wife is tough enough to stand a situation where racist officials could be extremely unpleasant to her. Have a good read about the experiences described in the forum I mentioned. And be sure that you are carrying a (charged) mobile 'phone and the number for the appropriate branch of Solvit: one person was saved from deportation by calling them and then handing the 'phone to the immigration officer.

In order to get a visa from the embassy you would need an appointment, and there are no appointments available before your travel date. You could ask Solvit whether they can do anything to get the embassy to create an appointment for you, but I have no idea whether that would get you anywhere. Or you could look for a visa agent: I have seen adverts claiming to be able to get the visa you need within a week or less, but have never tried them out and do not have any contact details.