Claiming if I can't make an event due to flight cancellation

Nick_C

born_again said:

Nick_C said:

If you paid for the holiday with a credit card (in full or in part) then you can claim for consequential loss (the theme park tickets) if the holiday is cancelled.

The claim is against the holiday company and the credit card you used to pay for the holiday, not against the supplier of the theme park tickets. 

>>I've also purchased tickets via a UK third party supplier to several other theme parks<<
So this is a totally separate purchase. Not in anyway tied to the holiday co.
Any claim is against the debtor on the statement. If that co have provided the service (tickets in this case) they say then S75 does not come into play. Debtor, Creditor link is broken.

Your comments are wrong and irrelevant.  You need to read up on consequential loss.

Tildaplum

Forget the holiday - the holiday has nothing to do with the tickets. 

You have purchased some tickets and now think you might want a refund. Happens all the time - people change their mind or are prevented from using tickets they have purchased. You have to check the T&C of the ticket purchase to see if you are able to refund them. Some tickets you can change your mind and get a refund, some tickets you can't. 

phillw

Tildaplum said:

Forget the holiday - the holiday has nothing to do with the tickets. 

I'm not sure that is true at all. If you can't use the tickets because the holiday was cancelled then it's a consequential loss.
You could argue that you should try to cancel the tickets directly, either because contractually you are allowed to or as a matter of good will. But I believe Section 75 should cover you if they refuse.

Nick_C

Thanks Phil. I do wish people who don't understand consequential loss would not give their opinions! 

Nick_C

To illustrate the issue, I'll post my experience again;

I booked a trip to Budapest in 2012. I booked the plane tickets with my Halifax Mastercard and the hotel with my (Barclaycard) Hilton Visa card. The hotel was prepaid and non refundable.

Two weeks before we were due to travel, Malev (the Hungarian airline) went bust.

I claimed the cost of the flights back from Halifax, and tried to claim the cost of the hotel on my travel insurance. My Insurer said I was not covered for this. I went back to Halifax and put in a claim under S75 for the cost of the hotel, booked with my Barclays/Hilton Visa card. Halifax paid up, as they were liable for the consequential loss.

Tildaplum

I understand consequential loss quite well thank you

it is true that if you had bought tickets and then bought associated travel then you would be covered by consequential loss

for example if you bought tickets to see a football match and a coach to get you there and the football match was cancelled then you could possibly try and claim the coach fare under section 75 s consequential loss

this is a completely separate scenario y

you have booked a package holiday - this is the primary and only purpose of the trip a package holiday. oh and by the way you have also bought a couple of tickets on the side

this is in no way consequential loss and I wish people who think they understand consequential loss but actually don't would refrain from posting on this board

Nick_C

If their holiday is cancelled by the tour operator, then as a consequence of their holiday being cancelled, OP will suffer a financial loss. 

OP. In my opinion, you should claim consequential loss from the credit card company whose card you used in this even . 

If you don't claim it, you won't get it. You have nothing to lose, and everything to gain . 

I hope your holiday goes ahead as planned, but if it is cancelled by the tour operator then please do report back on the outcome of your claim in due course. Your experience could help some people and educate others. 

Tyweed

CoronaVirus - sorry if this has already been covered. I've book my flight and hotel separately.

EasyJet flights - I'm not so much worried about the flights.

Booking.com - I booked my hotel via this website and paid on my credit card. The policy when I booked says it is not refundable. If I'm unable to fly due to the virus would I be able to claim the money I've paid for my hotel back from my credit card company?

2e0arr

2e0arr said:

Buy insurance now 

phillw said:

2e0arr said:

Buy insurance now

It's kinda late now because you already know there is a likelihood of covid causing a problem, so it wouldn't be covered.
You should buy the insurance before booking the holiday & only book the holiday if you think nothing is going to prevent you from going.

is there a rule saying you cant insure a holiday you have paid for but not gone to ? if you can buy insurance now under these circumstances buy it (buy it with your credit card)

Nick_C

Tyweed said:

CoronaVirus - sorry if this has already been covered. I've book my flight and hotel separately.

EasyJet flights - I'm not so much worried about the flights.

Booking.com - I booked my hotel via this website and paid on my credit card. The policy when I booked says it is not refundable. If I'm unable to fly due to the virus would I be able to claim the money I've paid for my hotel back from my credit card company

If Easyjet choose to cancel the flights, they still have a duty to try to get you to your destination, either on a different flight or their own or on a different airline. 

If the tickets were more then £100 per passenger and you booked directly with Easy Jet, and you paid with a personal credit card then you could make a S75 claim for the cost of the Hotel if Easyjet cancel the flights and won't get you there by any other means. You could also ask Booking.com if they will give you a voluntary refund.

If you simply choose not to go on the holiday, then the loss is probably yours.