Flight cancelled. can i reclaim accomodation from credit card i bought it on?

munell

Hi guys i booked a holiday on credit card. the flight was cancelled due to bad weather back in november. can i reclaim the cost back from my credit card company.

Sally22_2

Did you not have Travel Insurance to claim back on?

PNPSUKNET

nope unless it was a package

lisyloo

No (unless they offer free travel insurance).
The accomodation was there. It was you that didn't turn up.
The retailer did nothing wrong so are not liable, so you have no rights under section 75 as the accomodation was provided.

Some credit cards do offer free travel insurance.

chattychappy

Presumably you meant the holiday accommodation because you couldn't get to it rather than the cost of accommodation because were stuck somewhere until an alternative flight could be arranged.

Assuming the former:
You had two contracts - the provider of accommodation did nothing wrong, so no claim. The airline probably did nothing wrong because they are entitled to cancel flights because of weather - no claim on the CC. (Depending on the details you might be entitled to other compensation from the airline/accommodation costs but as far as I know this is statutory rather than a term implied into the contract by statute, so again no joint liability on the CC.)

Assuming the latter:
No claim on CC - claim should be on airline and would be statutory rather than via CC for breach of contract, see above.

munell

i had travel insurance, through virgin but they got out of paying by saying we only took out insurance because of the weather.
we took it out 1 week before due to go.

lisyloo

we took it out 1 week before due to go

Insurance is to cover UNKNOWN risks.
You cannot use it to cover things you know about.

You should get insurance immediately you book.
In thoery it's possible to be knocked down by a bus as you step out of the travel agents shop.
That's an extreme example, but it's certainly possible for a closefamily member to become ill and be in intensive care when your holiday arrives (or indeed yourself).

A standard policy does not cover things where you know there is an existing risk (although you can add existing medical conditions for a higher price).
If you got it a week before there would have been some weather knowledge.
You could try making a formal complaint but if there were forecasts of bad weather (which there probably were) then you will probably lose, because you can't cover existing risks.

Next time get your insurance when you book.
You could try a complaint but you might not win.
Otherwise I think it's an expensive mistake on your part.