Monarch Airlines stops trading - latest info and your rights

DFSDelboy

My argument would be that they are unusable, overnight hotel before flight and airport parking for a holiday that no longer exists. Hence consequential losses directly related to the Monarch collapse.

harz99

This broke just before I was going out of the UK for 3 weeks so I quickly submitted a S75 claim for our future flights booked on a Zero CC.


On returning I found 2 letters dated same day; first saying thank you for submitting blah, blah, please supply evidence blah, blah which was obviously a generic letter for all claims, not one specific to the Monarch collapse. The second letter then thanked me for supplying the evidence which totally confused me as all I'd done was submit the claim letter.


So I reread MSE's guidance and was concerned by this part as although I had made only one transaction of over £100 on the Zero CC it was for two flights (me and the wife), each of which was under the £100 for a claim.



"Should the bill or the item cost over £100?

This is where it gets quite tricky. The law is plain; the £100 is for the cash value of a 'single item' (so excluding any fees, and charges such as delivery). Yet single items aren't always that straightforward.
Here are a couple of examples to help:

• Fly to Traveltown with Holidayair on flights costing £99 outbound and £9.99 back, and while it's over £100 in total, as no single ticket was over £100, you're not protected. Yet if Holidayair had only sold return journeys and you bought a specific £109 return ticket, then you'd be covered. "

Rang Santander, the advisor told me I wouldn't be covered as the flights weren't over £100 each despite being on one transaction, then advised me to try chargeback. Rang the chargeback dept. to be told the matter didn't fit their criteria for chargeback and transferred me back to (a supervisor) the S75 dept. where I eventually got the matter resolved.


Helpful gent in the dept. which has been dealing with these claims said categorically, "as long as I (harz99) am named on one of the flights booked, can supply evidence of the confirmed booking and names on that booking, and the transaction is for £100 or more the claim will be met"!


One email back with evidence and 2 days later a letter accepting the claim and promising refund to my card within 5 working days - result. Just waiting to see the payment made.

bradders1983

tonywithnall wrote: »

I have successfully claimed a refund from my credit card company covering the costs in full for my return trip to madeira,

However a few days ago I received a letter from them suggesting that if their claim with the retailers bank is unsuccessful the transaction may be re-debited to my account.

Can you offer any advice

tony Withnall

I think this is the standard wording for things of this nature, in reality the retailer could dispute the chargeback but this isnt going to be happening on this occasion, I had a letter from both my credit cards stating the same thing.

As an aside I finally got my refund onto the credit card on Thursday last week and it was in my current account by the day after, so all done and dusted within the space of 4 weeks which I think is acceptable given the number of claims being dealt with :T

leylandsunaddict

bradders1983 wrote: »

I think this is the standard wording for things of this nature, in reality the retailer could dispute the chargeback but this isnt going to be happening on this occasion, I had a letter from both my credit cards stating the same thing.

As an aside I finally got my refund onto the credit card on Thursday last week and it was in my current account by the day after, so all done and dusted within the space of 4 weeks which I think is acceptable given the number of claims being dealt with :T

The retailer has nothing to do with a Section 75 claim. It's purely down to joint liability under Section 75. Some credit card issuers have been putting claims through as chargebacks. When a chargeback is done it's the retailers bank that can deny the transaction.

bradders1983

leylandsunaddict wrote: »

The retailer has nothing to do with a Section 75 claim. It's purely down to joint liability under Section 75. Some credit card issuers have been putting claims through as chargebacks. When a chargeback is done it's the retailers bank that can deny the transaction.

True but I doubt it will be disputed either in this case. Why would it?

Nigel-YZ1

I booked a holiday via an agency, who have promised to find another flight or refund. I choose to refund.
The original holiday was for 6 people, two of whom cancelled 12 months before flying, for which Monarch via the agent demanded the flights be paid in full. The other 4 people were all set to continue.

Should I now get back the money for the cancelled (and subsequently resold) seats as well as the 'live' ones?

Alan_Bowen

Nigel-YX1. You cannot find yourself in a better position because of Monarch's failure than you were when it was flying. If the tickets had to be paid in full and were, and then cancelled, that loss occurred long before the failure so the answer to your question is clearly 'no'

N4t4lie

Nigel-YZ1 wrote: »

I booked a holiday via an agency, who have promised to find another flight or refund. I choose to refund.
The original holiday was for 6 people, two of whom cancelled 12 months before flying, for which Monarch via the agent demanded the flights be paid in full. The other 4 people were all set to continue.

Should I now get back the money for the cancelled (and subsequently resold) seats as well as the 'live' ones?

If you have correspondence which says that two people cancelled then it is unlikely especially if any Air Passenger Duty was refunded; however, if the flights were never actually cancelled for some reason as they were non refundable, anyway you never know. Best speak to the agent to see what they did.

I had a friend drop out of a holiday and I contacted the airline to see if they would refund the Air Passenger Duty and so they could then resell the seat, but they refused so I didn't cancel the ticket on principle. Only thing they could do was use the seat for standby when they failed to show at check in. In the end we got an extra seat (long haul both ways, so really welcome) as the computer had allocated us all seat which was a nice bonus.

Remember nothing is simple and anything can be worth a try, especially when it comes to non refundable flights.

harz99

Quick update, Santander credited my 123 card with the full amount of my S75 claim yesterday, £136 odd - job done.

catwoman73

I've just received my refund as a chargeback from Tesco CC, 4 weeks after I put my claim in.

No explanation as to why they've not repaid my consequential losses so will try for the other £200 which was the extra cost of the replacement flights with my travel insurer as I did have scheduled airline failure cover, so hopefully will cover the rest that way even though the small print is confusing as to whether I'm covered or not in relation to when the failure happens compared to the date of travel.