Section 75 - Return Flight

Dannyboywhufc

I've searched for an answer on this, but can't seem to find one.


I flew out with Monarch on 27/09/17 and was due to fly back on 02/10/17, but the flights were cancelled.


I paid by credit card, but the amount on the credit card statement is for the outward and return flights combined. There wasn't an issue with the outbound flight, but I want to claim for the return leg. Unfortunately, I can no longer log into the Monarch site to see what I paid for the return leg and it isn't on any documentation.


Do I just claim for the full amount and see what the bank come back with or would I have to do something else?




Thanks

[Deleted User]

Just claim for your consequential loss. Ie whatever you had to pay to get home

Alternatively claim via your travel insurance

Dannyboywhufc

We didn't have to pay to get home. The government provided free flights through another provider, but the flight I purchased from Monarch wasn't provided, so I don't want to pay for it.


I don't know how I can find out the cost of the return flight. Does the fact the return flight wasn't provided mean I'm entitled to a full refund, partial refund or none at all?

BorisThomson

Did the CAA not get you home?

Cross post. You've no right to a refund, the service was provided, albeit by a different airline. Any airline will reserve the right to substitute their service.

(And seriously, be grateful that you were brought home with no difficulties!)

PeacefulWaters

The CAA are "working with credit card companies" to get part of their £60m back for bringing people like you home.

You're not out of pocket. You've received a return flight.

You have no claim.

Dannyboywhufc

BorisThomson wrote: »

Did the CAA not get you home?

Cross post. You've no right to a refund, the service was provided, albeit by a different airline. Any airline will reserve the right to substitute their service.

(And seriously, be grateful that you were brought home with no difficulties!)

Apologies, I'm only trying to find out my rights. I have no idea on these matters. I've never claimed anything before, so don't have a clue.


The CAA did get me home, and I can't speak highly enough on how well organised it was. At such short notice, everyone did an amazing job.

zerog

As others have said, you received the service you paid for, which was a flight from your holiday destination to the UK - under comparable transport conditions to the original flight you were expecting.

If you hadn't paid for the Monarch flight, then you wouldn't have been entitled to the replacement flight without paying separately for it. So I can't see how a Section 75 claim would succeed.

(If the replacement flight's arrival time was more than 2 hours after the original scheduled arrival time, then you may have an EC261/2004 compensation claim against Monarch - good luck with getting any money from an insolvent company)

Furthermore, if the outbound and inbound flights were separate tickets according to Monarch, rather than a single price for a ticket containing two flights, then each of them would need to have cost over £100 for Section 75 to apply.

Dannyboywhufc

PeacefulWaters wrote: »

The CAA are "working with credit card companies" to get part of their £60m back for bringing people like you home.

You're not out of pocket. You've received a return flight.

You have no claim.

Thanks. Much appreciated.

Dannyboywhufc

zerog wrote: »

As others have said, you received the service you paid for, which was a flight from your holiday destination to the UK - under comparable transport conditions to the original flight you were expecting.

If you hadn't paid for the Monarch flight, then you wouldn't have been entitled to the replacement flight without paying separately for it. So I can't see how a Section 75 claim would succeed.

(If the replacement flight's arrival time was more than 2 hours after the original scheduled arrival time, then you may have an EC261/2004 compensation claim against Monarch - good luck with getting any money from an insolvent company)

Furthermore, if the outbound and inbound flights were separate tickets according to Monarch, rather than a single price for a ticket containing two flights, then each of them would need to have cost over £100 for Section 75 to apply.

Thanks. It makes sense to me now.


I'd wrongly assumed that the flight only bookings would be refunded to the individuals and that the government would claim back through ATOL for those that were covered, but it's clear that I'm talking out of my....

PeacefulWaters

Dannyboywhufc wrote: »

Thanks. It makes sense to me now.


I'd wrongly assumed that the flight only bookings would be refunded to the individuals and that the government would claim back through ATOL for those that were covered, but it's clear that I'm talking out of my....

What's clear is that you can see an alternative point of view when one is put to you.

I'd say that's a good thing.

eco_warrior

Dannyboywhufc wrote: »

I've searched for an answer on this, but can't seem to find one.


I flew out with Monarch on 27/09/17 and was due to fly back on 02/10/17, but the flights were cancelled.


I paid by credit card, but the amount on the credit card statement is for the outward and return flights combined. There wasn't an issue with the outbound flight, but I want to claim for the return leg. Unfortunately, I can no longer log into the Monarch site to see what I paid for the return leg and it isn't on any documentation.


Do I just claim for the full amount and see what the bank come back with or would I have to do something else?


Thanks

Just contact your bank and they will sort it via chargeback, even if you don’t have a price breakdown. Many customers are in the same boat.

Your bank could charge back the full amount paid and between them and the merchant bank they can find out the individual cost and refund you that.