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Flybe credit card charges

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On Friday 17th of December I was due to fly from the Isle of Man to Birmingham with Flybe. Due to the bad weather (snow) the flight was canceled and I was told I could have either a change of flight or a Full refund. I understood that the cancellation was outside Flybe's control and did not ask or expect to receive any compensation, snow must be an act of God after all! I had after all only spent £500 on a training course and taken a day off work (I am self employed). Being the cynic that I am I did ask if the refund was a complete and total refund of all taxes and charges, and was told that this was indeed the case. On arriving home I then had to spend half an hour navigating the Flybe web site in order to apply for my refund, which would then take 28 days to arrive.
My 'refund' arrived this Monday minus the booking fee and credit card charges, which I was then told was non-refundable. Now to me this seems the same as someone ordering an item of goods and paying the credit card and delivery costs, then later being told that the item was not in stock and could not be sent out, but the company refunding the cost of the item but keeping the credit and delivery charges. so in effect I was charged and payed for something that I never received!
To add insult to injury on my flight this Friday the member of cabin crew had great pleasure in advertising the 'Flybe credit card' which is recommended by MARTIN LEWIS FROM MONEYSAVINGEXPERT.
I have two questions about this:
1) is it even legal to keep the charges for a service that flybe were unable to provide and I never received?
2) is Martin Lewis aware of his product endorsement and how much commission is he on? (technically that's three questions)

cheers

MH
«1

Comments

  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 January 2011 at 2:26PM
    They did provide you with some of the services you paid for. They booked you a ticket hence the booking fee. They proceesed your credit card payment hence the card fees.
    They didn't provide the flight therefore they refunded the cost of the flight.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    edited 16 January 2011 at 3:49PM
    fencer32 wrote: »
    To add insult to injury on my flight this Friday the member of cabin crew had great pleasure in advertising the 'Flybe credit card' which is recommended by MARTIN LEWIS FROM MONEYSAVINGEXPERT.
    I have two questions about this:
    1) is it even legal to keep the charges for a service that flybe were unable to provide and I never received?
    2) is Martin Lewis aware of his product endorsement and how much commission is he on? (technically that's three questions)

    cheers

    MH

    I really doubt that he 'recommended' the card and I'm sure he's not on commission. And the accusation has zilch to do with your complaint

    Whether it's legal - pass. Certainly some other airlines operate the same policy
  • callum9999
    callum9999 Posts: 4,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    noh wrote: »
    They did provide you with some of the services you paid for. They booked you a ticket hence the booking fee. They proceesed your credit card payment hence the card fees.
    They didn't provide the flight therefore they refunded the cost of the flight.

    That could be true, but I'd still try and take it further. When they refunded the card payment, (the way I understand it) any fees they paid on the transaction should be returned to them - which is why companies insist on refunding to the same card. Maybe they aren't legally obliged to refund it (I'd have imagined they were though?) but if you make a fuss about it they probably will do - it is the reasonable thing to do.

    Also, Flybe aren't a broker for flights, the OP just contacted them and bought a ticket from them, for use with them. To me, that sounds like Flybe are responsible for providing the flight, and if they don't the booking fee should be returned.
  • Speak to them again - if they don't agree to refund ask them for their complaints procedure.
    The end will be you going to the ombudsman - costing them £500 whether they win or not.
    They would be stupid in the extreme to go that far.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Speak to them again - if they don't agree to refund ask them for their complaints procedure.
    The end will be you going to the ombudsman - costing them £500 whether they win or not.
    They would be stupid in the extreme to go that far.

    I really doubt that Flybe are FSA regulated.
  • dzug1 wrote: »
    I really doubt that Flybe are FSA regulated.
    The card issuer will be.
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    callum9999 wrote: »
    That could be true, but I'd still try and take it further. When they refunded the card payment, (the way I understand it) any fees they paid on the transaction should be returned to them - which is why companies insist on refunding to the same card. Maybe they aren't legally obliged to refund it (I'd have imagined they were though?) but if you make a fuss about it they probably will do - it is the reasonable thing to do.

    Also, Flybe aren't a broker for flights, the OP just contacted them and bought a ticket from them, for use with them. To me, that sounds like Flybe are responsible for providing the flight, and if they don't the booking fee should be returned.

    Flybes T+Cs, which the OP agreed to when he purchased the ticket, state that the credit card and booking fees are non refundable.
    http://www.flybe.com/terms/chargesPop.htm
  • noh wrote: »
    Flybes T+Cs, which the OP agreed to when he purchased the ticket, state that the credit card and booking fees are non refundable.
    http://www.flybe.com/terms/chargesPop.htm
    I think also that the tickets purchased are non refundable but if they can't provide you with the flight.............?
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think also that the tickets purchased are non refundable but if they can't provide you with the flight.............?

    http://www.flybe.com/charter/refunds.htm

    "Refunds

    With the exception of refunds made in connection with cancellation and denied boarding, our fares are non refundable. If you request a refund of taxes you will incur an administration charge."


    They state the tickets are refundable in the the above circumstances.

    They state the booking and credit fees are non refundable and do not state any exceptions.


    I'm not saying it is right or wrong. I suspect that the credit card company would reject any S75 claim (assuming the total cost was above £100) on the grounds that Flybe had complied with their contractual obligations.

    I guess only a court can decide if the contract is unfair and for the £10 lost would the OP consider it worthwhile going down that route?
  • Just found the piece of paper that Flybe give out to passengers when they cancel a flight, and it does say on this in the section under the heading 'Can I have a refund on my ticket?'
    "Flybe will honour your ticket to be rebooked for another time, free of charge, or you may apply for a FULL refund."
    It does not mention anywhere that they will be keeping your booking and credit card fees.
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