Flight Compensation - Rights under Section 75

Murphya795

Hi all,

Long time forum reader, first time poster

I booked a flight with Primera Air in April 2018 which was delayed by x number of hours and was due to receive compensation, but they have since gone under and I'm new to the Section 75 rules

I paid on a credit card and have email confirmation from Primera the compensation was due, I completed the forms they sent out to me but unfortunately that was the last I heard

The credit card agent I spoke to kept referring to the transaction on my statement, but didn't seem to understand I'm owed compensation, not a refund

The flight booking was over £100 (as is the compensation) so I'm confident the value is sufficient to be covered and the payment was direct to Primera Air, no 3rd party involved

Would my credit card supplier be liable for my compensation now or have I missed my chance?

Any help would be great!

[Deleted User]

Did you not take travel insurance?

That would have covered you as well and much quicker

Murphya795

If I did I can't find anything to confirm it, I do have a tendency to chance it now and again (I know...)

Without it is there anything the credit card supplier can do?

eDicky

The compensation that you were due under EU261 regs for flight delay is not the same as S71 consumer credit protection for when goods or services paid for by credit card are not provided or deemed fit.

As far as I can see, there's no way that your credit card provider will have anything to do with the flight delay compensation that the airline would have paid you if they hadn't gone bust. You did receive the service that you paid for.

However, I may be wrong. There's some experts on the Overseas Travel board who would be more certain, as well as here.

Murphya795

That's what I suspected, thanks for your answer

I'll head over to the overseas travel board and see what else I can find out

System

eDicky wrote: »

The compensation that you were due under EU261 regs for flight delay is not the same as S71 consumer credit protection for when goods or services paid for by credit card are not provided or deemed fit.

As far as I can see, there's no way that your credit card provider will have anything to do with the flight delay compensation that the airline would have paid you if they hadn't gone bust. You did receive the service that you paid for.

However, I may be wrong. There's some experts on the Overseas Travel board who would be more certain, as well as here.

They are jointly responsible for the performance of the contract - in this case soley, so I don't see why this wouldn't extent to contractual obligations such as this.

eco_warrior

Murphya795 wrote: »

Hi all,

Long time forum reader, first time poster

I booked a flight with Primera Air in April 2018 which was delayed by x number of hours and was due to receive compensation, but they have since gone under and I'm new to the Section 75 rules

I paid on a credit card and have email confirmation from Primera the compensation was due, I completed the forms they sent out to me but unfortunately that was the last I heard

The credit card agent I spoke to kept referring to the transaction on my statement, but didn't seem to understand I'm owed compensation, not a refund

The flight booking was over £100 (as is the compensation) so I'm confident the value is sufficient to be covered and the payment was direct to Primera Air, no 3rd party involved

Would my credit card supplier be liable for my compensation now or have I missed my chance?

Any help would be great!

I'd be surprised if you got anywhere with this, I've seen claims the exact same as this (merchant included) and they were all rejected. I figure there is no breach of contract as you got your flight in the end. No breach no claim.

Terry_Towelling

Notwithstanding the legal obligation to pay compensation for a delayed flight, any claim for loss/consequential loss under S75 would be all down to the terms of the contract you held with the retailer. If there was something in the contract that specifically stated you would be entitled to compensation for a delayed flight, then possibly, you might be able to claim a breach of contract and claim the compensation as a consequential loss. Whether you can gain any mileage from the fact that Primera had confirmed compensation was due (in accordance with the contract, rather than in accordance with EU rules) I wouldn't like to say.

I suspect you'll have to let this one go but at least take solace from the fact that you saved a bit of money by not buying travel insurance (I would insert an 'irony' emoticon at this point but there isn't one).

agrinnall

I'm with Heng Leng on this, I think S75 should apply. If the request to the card issuer is unsuccessful then go through their complaints process and if necessary take it to the FOS, none of which will cost you anything.

Terry_Towelling

agrinnall wrote: »

I'm with Heng Leng on this, I think S75 should apply. If the request to the card issuer is unsuccessful then go through their complaints process and if necessary take it to the FOS, none of which will cost you anything.

I would be too but it all comes down to the contract and whether it has been breached. I doubt the contract will carry anything about delayed departure compensation, so the contract will most likely have been fulfilled because OP did get their flights.

The delayed departure compensation issue is probably not in the contract because it is just an EU requirement that applies after the fact.

Whether it is possible to say the airline had promised compensation and that is therefore all part of the original contract is moot.

Frankly, I'd be very interested to find out what happens if OP pushes this one all the way.

Caz3121

Terry_Towelling wrote: »

I'd be very interested to find out what happens if OP pushes this one all the way.

me too (although I don't have much confidence it successful claim) - there must be 1,000s of WOW, Monarch, Air Berlin etc that would have been due EU261 compensation had the airlines not gone bust....not heard anybody mention receiving EU261 under S75.

for info Vauban's Guide (referenced on flight delay board) states - Is the airline is still in business, or has been taken over by another company? (If it went bust, you have no claim.)