Sec 75 Claim re Monarch

P3T3R

I was in Mallorca when Monarch went into administration. The CAA did a great job of getting us home on the day that we were due to fly home.
Also the week before they went into administration I had booked a return flight for October 2018 using a credit card and also some Tesco clubcard vouchers. When I returned home I used the "section 75" letter template on MSE website to send a claim in for next years flight. Tesco Bank were very good and phoned me twice querying a couple of things and have refunded in full. I also sent an e-mail to Tesco clubcard asking for a return of the amount that I had used for the flight. Today I received an e-mail informing me that they have refunded the amount of the voucher back into my clubcard account. Well done Tesco and the CAA.

catwoman73

eskbanker wrote: »

I don't believe that's strictly a consequential loss in the usual sense of the term, it's just a higher replacement cost, so in my opinion s75 would only cover refunding of the original cost of the Monarch ticket, provided you meet all relevant conditions of course (e.g. booked direct rather than through agent or PayPal).

Did you have travel insurance?

It may be worth reading through http://www.moneysavingexpert.com/travel/monarch-airlines-collapse-latest-info-and-your-rights for the various options....

I believe it is a consequential loss - the extra costs were caused by needing to book a replacement flight, but anyway. I'm currently disappointed by my travel insurer, who have verbally informed me that I was not covered for losses incurred due to needing to book replacement flights at short notice at higher cost, despite having scheduled airline failure cover on my travel insurer.

I currently feel that I have been let down from both angles as Tesco CC refunded the cost of my flights, but not consequential losses because they did the refund as a chargeback not a S75.

I'm not sure what the actual law is on this, but our £300 booking that could be interpreted as two return flights including luggage for two people was technically made up of 4 x single flights plus 4 x bags, average cost £40 each so not covered by S75.

I discussed claiming the consequential loss with my travel insurer who said that because Monarch failed 2 days before we travelled we were not covered and all the cover actually provided was repatriation if we were already away.

However, this is not clear in their policy (our situtation of needing to book replacement return flights before outward travel is not described in the 'what we cover' section or the 'what we don't cover' section, but it does say on their website about scheduled airline failure cover 'This protects you if your scheduled airline goes into insolvency enabling you to book equivalent flight(s) with another airline at no additional cost to yourself as we will fully reimburse you up to £5,000 per person in your party'. This is Columbus whose SAF section is actually provided by IPP.

I put a claim in for the extra £200 lost anyway and if they don't pay out, I will complain to the financial ombudsman that either - Tesco should treat my claim as S75 as the total purchase was over £100 so they should repay consequential losses, or Columbus/IPP should pay out because of what is says about SAF cover on their website.

Otherwise the cover hardly seems to be worth the paper it is written on as they would hardly ever have to pay out as almost everyone books on a credit or debit card these days so will always be covered by a chargeback anyway.

catwoman73

UPDATE. Two weeks after refunding my Monarch booking with no explanation of why they didn't pay my consequential losses, they have now asked for evidence of my consequential losses, ie a copy of booking for the more expensive replacement flights. So this is now looking hopeful.

phillw

catwoman73 wrote: »

I discussed claiming the consequential loss with my travel insurer who said that because Monarch failed 2 days before we travelled we were not covered and all the cover actually provided was repatriation if we were already away.

Would they have refunded the entire holiday if you had not booked those flights? If so and it was cheaper to book those flights than what they'd have too give you for the holiday, then it sounds like you were just mitigating your losses.

If they wouldn't pay out for the holiday when monarch collapsed then it sounds like you didn't have appropriate cover.

P3T3R

Have now booked flights on Easyjet, half the price of Monarchs, so all has worked out well for me.

BeckyBooBoo

Can anyone help with this please? I booked outward and return flights on 22/02/17 with Monarch Airlines using my John Lewis credit card through PayPal. Both companies have rejected our claim for 3 return flights on 29th December 2017 totalling £537.80.

John Lewis say we should claim through PayPal and PayPal reject the claim on the basis that we are out of time with the 90 day buyer protection rule. The financial ombudsman have found in favour of John Lewis.

Any help gratefully received.

eco_warrior

BeckyBooBoo wrote: »

Can anyone help with this please? I booked outward and return flights on 22/02/17 with Monarch Airlines using my John Lewis credit card through PayPal. Both companies have rejected our claim for 3 return flights on 29th December 2017 totalling £537.80.

John Lewis say we should claim through PayPal and PayPal reject the claim on the basis that we are out of time with the 90 day buyer protection rule. The financial ombudsman have found in favour of John Lewis.

Any help gratefully received.

Credit card payments via PayPal for Monarch flights/package holidays booked after mid-December 2016 were covered by chargeback. When did you first approach your card provider? They could have processed a chargeback up to around March-April 2018. They wont uphold under S75 due to PayPal.

BeckyBooBoo

Thankyou, we first approached credit card company in November but didn’t hear anything for possibly six weeks. Then my dad became ill and subsequently died so my mind was elsewhere and didn’t take it up again until February. Not sure what to do next. Think it’s probably a lost cause.