Cancelled flights, the airline has changed terms since our purchase on a credit card.

mjb1963

Hi everyone
In short, we booked on 17th February with a Middle East airline to fly with them on the 8th April.

Flights have been cancelled and the airline will only issue a voucher or a refund at a cost of £500 per ticket (seat and we have booked 4 seats). 
We have spoken to the airline and quoted their term 10.2 which clearly states if they cancel the flight they will refund the ticket cost. However they have informed us they have changed their terms on the 18th March and removed 10.2, hence a voucher or refund at a cost is now the only option.
We have spoken to our credit card company and asked if we can have a refund, due to the entire amount being purchased using our credit card. The have said they are not interested because the airline terms have changed since we purchased tickets and those are now the terms that are current.

I don’t understand how after a purchase terms can then be changed and regardless of the fact we purchased on different terms, we are now behold to the new ones.
Seems to make a mockery of the Consumer Credit Act, and it means you actually don’t have any protection using a credit card.
I have threatened the credit card company, they have refused to provide contact details so I can take this further up the management chain but they are not interested.
Thoughts please?

Gerry1

Name and shame the airline and the credit card company !

mjb1963

Is that OK on the forum?

Tildaplum

Of course they can't change the terms and conditions after purchase w- well not unless there was a term and condition saying they could change the terms and conditions

mjb1963

The airline is Emirates and Tesco Credit Card.

I’m not sure if there is a clause suggesting they can change terms, however it’s odd my contract was effectively void and I had no protection from the word go.

Terms at the time should be the case, not changed as and when to suit.

mjb1963

Current terms on the Emirates site:

Modification of terms

We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.

Does that mean old terms apply or the fact I am still flying the new terms apply?

For the record they didn’t notify me of any change to their terms.

Gerry1

Send an email to the Chief Executive of Tesco Bank, asking for a deadlock letter so that you can go to the Financial Ombudsman.  Posting a letter as well might be even better.You can find out his name and email address at the ceoemail website.  No, it's not me !

parryhandy

Tesco are legally bound to have a section 75 claim procedure and are equally as liable as Emirates. I am in the same situation with Emirates who have cancelled my return flight from the UK which under EU law is refundable. I contacted my credit card provider Santander who have told me how to make section 75 claim (by email) and what details and evidence to include in the email.
One thing I had to do, according to Santander. was try to resolve the issue with Emirates first. which I have done by recording a phone call of them refusing a refund and also refusing to acknowledge they were breaking EU law.
oh and changing the terms to suit themselves after the fact is utterly ridiculous  and is just them trying it on.