Claiming section 75 for cancelled flights/cruise

Redangel1946

Claiming section 75 for cancelled flights/cruise.

Several months ago, my wife booked 4 flights to the USA with Air France and also paid a deposit to Royal Caribbean for 2 cabins on a cruise,

Sadly, my wife passed away at the end September and under the circumstances it was necessary to cancel our arrangements.

We have been told that the agent, Netflights, passed our request on to Air France who will consider our request but it could take 12 weeks and it is possible we will only get a small amount of tax back.

As these payments were made with my late wife's credit card, can we claim from Barclaycard under section 75? If so, do you have a template letter we could use?

The total in question is over £3000 and we are desperate to bring this matter to a conclusion under the circumstances.

Regards
Redangel1946

MPH80

Firstly - I'm very sorry for your loss - I'm going to deal with this as dispassionately as I can because I know this will all be emotional for you.

Section 75 is intended to deal with breach of contract or failure to supply.

Your contract for the flights will actually be with Netflights who will have acted as a third party supplier in booking you flights with Air France. In that respect, they have done exactly what their contract said they would do.

IF the contract you have with Netflights allows you to cancel your flights in the event of death of one of the travellers, and they then fail to deliver on this, you could claim.

You might also be able to get the money back within contract if the terms of your booking with Air France allows cancellations but given the mention of a 'small tax refund' I doubt this is the case.

You are really, therefore, at the mercy of Air France to give you a discretionary refund.

The 'tax' element they are talking about is the mandatory refund that a airline will offer as part of a cancellation - it comes from the airport duties you end up being hit with. So even if you book non-cancellable flights, providing you haven't flown - you should be able to get the tax back (minus - potentially - an admin charge!)

As a cautionary tale for anyone else - I have to say it is situations like this that travel insurance is designed for.

Redangel1946

We actually had travel insurance through my wife's bank account with TSB but we were told it was too late to claim as it should have been done within 28 days of her death.

Unfortunately, I had other things on my mind at that time so we will just have to wait and see what Air France come up with.

Thank you for your prompt reply and for outlining the situation as it is

Regards
Redangel1946

InsideInsurance

Put a complaint into TSB, it is an unreasonable term in the circumstances and clearly a delay in reporting the claim doesnt impact their ability to investigate nor the value of the settlement

Agree with others that section 75 isnt appropriate

jonesMUFCforever

......Perhaps contact TSB again suggesting that term is unfair - mark it a complaint you never know they might have a change of heart.

luci

Sorry for your loss. Obviously you had other things to be dealing with apart from travel insurance.

I agree that you should put in a complaint to the TSB and once you have exhausted that, take it to the Financial Ombudsman if necessary.

Redangel1946

An update on our problem - we have received refunds from Air France for 2 flights and tax refund for the other 2 flights.

TSB have also accepted our insurance claim for the balance and we are awaiting the outcome.

Thanks to everyone for their advice

jonesMUFCforever

Redangel1946 wrote: »

An update on our problem - we have received refunds from Air France for 2 flights and tax refund for the other 2 flights.

TSB have also accepted our insurance claim for the balance and we are awaiting the outcome.

Thanks to everyone for their advice

Well done!
Small consolation after what you have gone through - :T