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Section 75 claim for consequential losses

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Section 75 claim for consequential losses

edited 30 November -1 at 1:00AM in Credit Cards
8 replies 2.2K views
Judes1727Judes1727 Forumite
21 posts
edited 30 November -1 at 1:00AM in Credit Cards
Hi.

Looking for some advice. Myself and 2 friends were due to fly to Amsterdam last month but KLM cancelled our flight the day before due to predicted high winds in Amsterdam. We have received a full refund for the flights from KLM.

Our hotel was non-refundable and even after pleading with them they wouldn’t even change the date. We had also paid for travel cards which were non-refundable.

The flights were paid for by Halifax Debit Card. The hotel and travel cards were paid for by ASDA Credit Card. I thought I would try for a Section 75 claim for the hotel etc on the ASDA CC but they’ve rejected it. Response was:-

“We regret that as you paid for the KLM flights with another Visa Debit Card, we are not liable under Section 75 and so we are unable to refund the amounts you were claiming as consequential losses.

Had you paid for the flights with a credit card then your credit card provider may have been liable for consequential losses under Section 75.”

Can I pursue a Chargeback claim with Halifax for the consequential losses even though they weren’t paid for with their debit card? Or am I best just to claim through travel insurance?

Also re travel insurance, one friend didn’t have any. Will the 2 of us that did have insurance just be able to claim for our own portion of the losses?

Appreciate any advice.

Judy

Replies

  • CM66CM66 Forumite
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    Nope sorry - that's what travel insurance is for.
  • chattychappychattychappy Forumite
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    I would have thought that you'd be entitled to nothing in any case since the cancellation was due to bad weather.

    Only insurance would help.
  • brisbris Forumite
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    S75 wouldn't have worked under any circumstances.


    Even if the flights were booked by a CC the flights were cancelled for reasons beyond their control which takes away any liability you thought you may have had.


    As above, this is what travel insurance is for, S75 isn't a money back guarantee.
  • Dragonfly1Dragonfly1 Forumite
    101 posts
    Sixth Anniversary 10 Posts
    Judes1727 wrote: »
    Hi.

    Looking for some advice. Myself and 2 friends were due to fly to Amsterdam last month but KLM cancelled our flight the day before due to predicted high winds in Amsterdam. We have received a full refund for the flights from KLM.

    Our hotel was non-refundable and even after pleading with them they wouldn’t even change the date. We had also paid for travel cards which were non-refundable.

    The flights were paid for by Halifax Debit Card. The hotel and travel cards were paid for by ASDA Credit Card. I thought I would try for a Section 75 claim for the hotel etc on the ASDA CC but they’ve rejected it. Response was:-

    “We regret that as you paid for the KLM flights with another Visa Debit Card, we are not liable under Section 75 and so we are unable to refund the amounts you were claiming as consequential losses.

    Had you paid for the flights with a credit card then your credit card provider may have been liable for consequential losses under Section 75.”

    Can I pursue a Chargeback claim with Halifax for the consequential losses even though they weren’t paid for with their debit card? Or am I best just to claim through travel insurance?

    Also re travel insurance, one friend didn’t have any. Will the 2 of us that did have insurance just be able to claim for our own portion of the losses?

    Appreciate any advice.

    Judy

    How many hotel rooms had you booked?
    You imply that you do have travel insurance. Who paid the hotel? If you paid for 1 room, and you have travel insurance, I would expect the travel insurance to pay you out fully for the hotel room.

    As others have said, S75 is not appropriate anyway.
  • Terry_TowellingTerry_Towelling Forumite
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    Just to clarify, S75 is a mechanism whereby (subject to certain conditions) you can hold a credit provider jointly liable with a service provider if a breach of contract or misrepresentation by a service provider has caused you to suffer a loss.

    Aside from the fact that the cancelled flights were paid by a debit card, there appears to have been no breach of contract here by anyone.
  • 18cc18cc Forumite
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    Should you wish to travel again it might be worth just noting that you could consider buying the whole deal as a package holiday from a travel agent you would then be completely covered for everything
  • jimbo26jimbo26 Forumite
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    Put it down to bad luck, and learn lessons for the future.
  • Dragonfly1 wrote: »
    How many hotel rooms had you booked?
    You imply that you do have travel insurance. Who paid the hotel? If you paid for 1 room, and you have travel insurance, I would expect the travel insurance to pay you out fully for the hotel room.

    As others have said, S75 is not appropriate anyway.

    Thanks everyone for your advice, that’s cleared things up for me. Dragonfly1, I paid for the hotel room and only one room was booked so fingers crossed we get it all through my travel insurance!

    Thanks again
    Judy
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