Section 75 Claim Miss sold Holiday

eco_warrior

Got a fair bit of experience with Section 75 regarding holiday claims and most weren't upheld. I suppose it may vary from bank to bank.


If its about the standard of the service (food, cleanliness, staff etc) then you have no chance of being successful imo. The holiday hasn't been as good as expected but would you be due all your money back? If not all then how would you put a figure on what you think you are due. Its more compensation you want for a poor holiday, which isn't really what S75 is about.


If you didn't receive what you paid for, such as you paid for a sea view deluxe room but got a standard room with no sea view (which costs less) then this sort of claim could be upheld, as you have had a financial loss.

No harm in asking but I would think the odds are against you.

Vicar36

So a little update, CC company have come back and offered me £250 (I assume my deposit) plus £40 in interest so £290 v my £3k claim..... I said I wasn't happy with this and it has been escalated to the complaints department, but she was quick to point out it was very subjective and the complaints company had been consulted before she made her decision. I said £250 on a £10k holiday wasn't good enough.

The CC company were pushing me to go through ABTA (I am unwilling as this means I won't be able to go to court, which I want to reserve the right to do this if I dont get further with Section 75) and I replied that the CC company were jointly liable along with the holiday company so I shouldn't need to go through ABTA

chattychappy

I notice that the ABTA arbitration is done by writing based on documentary evidence and that there is no hearing. (Didn't read all the stuff, so willing to stand corrected.)

Somehow I do think given the nature of your complaint that a hearing (court or otherwise) - or the threat of one eventually taking place might be better for you.

Alternative dispute resolution is in vogue and arbitration often makes sense. But not choosing the ADR route should never and has never been held against somebody if they go the court route, in my experience. (Unless you agreed to such a resolution method in the first place.)