Thomas Cook "no liability for consequential losses"

shbrooks

born_again wrote: »

How many people is this £1300 extra for your flights.

While I agree with Ben the quote of the T/C is not relevant to your claim. More details is needed. As it could also be considered that you had not done enough to minimise the loss.

So details such as:
No of people? Relationship of these to you (as we have seen this as a issue)
1 way or both?
If return, were cancelled covered by the repatriation that the CCA covered?

The amount was the additional amount for outbound and return tickets for three people; myself, my wife and her brother. I'm not certain whether they were covered by CCA as I thought they only covered ATOL covered holiday packages and not flights.


I'm going to ask to see a copy of the T's & C's they're referring to.

born_again

shbrooks wrote: »

The amount was the additional amount for outbound and return tickets for three people; myself, my wife and her brother. I'm not certain whether they were covered by CCA as I thought they only covered ATOL covered holiday packages and not flights.


I'm going to ask to see a copy of the T's & C's they're referring to.

Ok.
As flights only then not covered by CAA

Well at least you have a chargeback claim for the original purchase price.
Is the £1300 extra or including the original tickets?

markthompson32

shbrooks wrote: »

The amount was the additional amount for outbound and return tickets for three people; myself, my wife and her brother. I'm not certain whether they were covered by CCA as I thought they only covered ATOL covered holiday packages and not flights.


I'm going to ask to see a copy of the T's & C's they're referring to.

I am in exactly the same boat, frustrating that providers interpret things differently, I have submitted a complaint to financial ombudsman so lets see how that goes, let me know if you get anywhere with halifax

born_again

markthompson32 wrote: »

I am in exactly the same boat, frustrating that providers interpret things differently, I have submitted a complaint to financial ombudsman so lets see how that goes, let me know if you get anywhere with halifax

I take it your provider complaint has been closed.

It is not always a case of providers viewing things differently. Even FOS can't come up with a definitive view on CCA 75
It really is time that CCA was reviewed and updated for the way credit is used now. As this is not what it was designed for.

Sometimes it is a case of them doing the right thing. Even though they have no liability.

shbrooks

[FONT=&quot]Following receiving no reply to the two emails I sent Halifax requesting a copy of Thomas Cook's T's & C's that they are referring to, I called them yesterday to find out what was going on.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]They said that my case is now considered closed and they won't send me Thomas Cook's T's & C's because they don't send out T's & C's from third parties. I contested that if they are relying on these T's & C's as a defence then they need to provide me with a copy of them as they are no longer available on Thomas Cook's website. The lady I spoke with then, after some resistance, went and spoke with the Disputes Team and said they will issue me a letter explaining my rejection in further detail and may send the T's & C's but would not promise anything.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I doubt I'll hear anything so will give them a week then get the ombusmen involved.[/FONT]

ic

I got my consequential costs claim paid by Barclaycard, however my replacement flights cost £250 more and they were indirect in order to keep prices low (in case they wouldn't pay up!). The original direct flights cost £1250, and replacement indirect flights £1500.

shbrooks

markthompson32 said:

shbrooks wrote: »

The amount was the additional amount for outbound and return tickets for three people; myself, my wife and her brother. I'm not certain whether they were covered by CCA as I thought they only covered ATOL covered holiday packages and not flights.


I'm going to ask to see a copy of the T's & C's they're referring to.

I am in exactly the same boat, frustrating that providers interpret things differently, I have submitted a complaint to financial ombudsman so lets see how that goes, let me know if you get anywhere with halifax

Did you get anyway with the Ombudsman?

Tildaplum

There is absolutely no requirement for them to pay the difference in price

what section 75 covers you for is a refund of the money you have paid if the service or goods are not provided

as an example let's say you paid a garage by credit card to service your car and they went out of business - you would get your money back.  you would not get the difference between what you originally paid and the extra money to get it serviced elsewhere.

Or you buy a coat from a shop and find it is not as described so you claim the money back - you do not get the extra money to buy the same coat at a more expensive price at a different shop

The same with flights - you get your money back and that is the end of the matter

[Deleted User]

Tildaplum said:

There is absolutely no requirement for them to pay the difference in price

what section 75 covers you for is a refund of the money you have paid if the service or goods are not provided

as an example let's say you paid a garage by credit card to service your car and they went out of business - you would get your money back.  you would not get the difference between what you originally paid and the extra money to get it serviced elsewhere.

Or you buy a coat from a shop and find it is not as described so you claim the money back - you do not get the extra money to buy the same coat at a more expensive price at a different shop

The same with flights - you get your money back and that is the end of the matter

You are confused about chargeback and S75. 

Chargeback is limited to original amount, S75 amount relates to fulfilling the contract.

In this case, the contract is a flight from A to B. 

markthompson32

shbrooks said:

markthompson32 said:

shbrooks wrote: »

The amount was the additional amount for outbound and return tickets for three people; myself, my wife and her brother. I'm not certain whether they were covered by CCA as I thought they only covered ATOL covered holiday packages and not flights.


I'm going to ask to see a copy of the T's & C's they're referring to.

I am in exactly the same boat, frustrating that providers interpret things differently, I have submitted a complaint to financial ombudsman so lets see how that goes, let me know if you get anywhere with halifax

Did you get anyway with the Ombudsman?

Still waiting.. you? Promising though with the letter they sent