Refund on non cancellation room

liamc28

Hi all. So we originally booked our holiday to New York back at the very start on the year. We booked flights and hotel separately (no issue with flight refunds now) we booked our hotel through Expedia as it turned out to be the cheapest comparison and like I do with all hotels I booked with the non cancellation room as it was cheaper and had no plans of cancelling it. So obviously now holiday has been cancelled as flights have stopped and Expedia are allowing cancellations. Ideally we would like a refund in cash back onto our credit card we used to pay for it, as we are unsure if we could now afford to go later on in the year. Before I ring Expedia up does anyone have any advice on where we stand as on their site they are offering a voucher for the hotel (1 year) for non cancellation rooms, but we would like the refund back on our card. Any advice or technical jargon would very much be appreciated or if anyone else is in the same boat. Thank you

Life__Goes__On

When was your holiday? had your flights been cancelled?

Westin

If a hotel-only booking on a non-refundable rate category and the hotel is open, then a credit or postponement waiver is a good-will gesture by the hotel or Expedia.    You can certainly ask for a refund but no automatic right to one.  A credit voucher could be a good outcome.

liamc28

Life__Goes__On said:

When was your holiday? had your flights been cancelled?

Yes our flight has been cancelled and virgin have offered our money back. Holliday supposed to be the 3rd may. 

Westin

liamc28 said:

Life__Goes__On said:

When was your holiday? had your flights been cancelled?

Yes our flight has been cancelled and virgin have offered our money back. Holliday supposed to be the 3rd may. 

I don't think there is relevant in your case as you indicate that you booked the flights and the accommodation separately.   

Life__Goes__On

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liamc28 said:

Life__Goes__On said:

When was your holiday? had your flights been cancelled?

Yes our flight has been cancelled and virgin have offered our money back. Holliday supposed to be the 3rd may. 

Did you book flights or hotel first (not sure it's important  but might help)

Westin

Life__Goes__On said:

"

liamc28 said:

Life__Goes__On said:

When was your holiday? had your flights been cancelled?

Yes our flight has been cancelled and virgin have offered our money back. Holliday supposed to be the 3rd may. 

Did you book flights or hotel first (not sure it's important  but might help)

What is your line of thinking L_G_O?   I read this as separate components booked with different suppliers and therefore no package, no linked travel arrangement and therefore no cover under PTR's.

Life__Goes__On

Hi  Westin
I'm going down "consequential losses"  under Section 75

If someone books a flight,  then a hotel and the flight is cancelled  the hotel becomes a "consequential loss"

As S75  is about breach of contract and also how it affects other contracts.
So if the OP losses  money on the hotel ( or hasn't been able to stay)  this is down to the breach of contract the OP had with the airline.

The "consequential loss" is the loss the OP has as the airline cancelled the flight.
The OP would claim on the credit card  that the OP paid the flight with (how the OP paid the hotel doesn't mater)

Someone could claim "consequential loss" from a retailer (or airline)

But I will suggest the  Credit card as they have deeper pockets.

Life__Goes__On

"

This might help,  as it's from the people who makes the rulings in regards to S75

bagand96

Life__Goes__On said:

Hi  Westin
I'm going down "consequential losses"  under Section 75

If someone books a flight,  then a hotel and the flight is cancelled  the hotel becomes a "consequential loss"

As S75  is about breach of contract and also how it affects other contracts.
So if the OP losses  money on the hotel ( or hasn't been able to stay)  this is down to the breach of contract the OP had with the airline.

The "consequential loss" is the loss the OP has as the airline cancelled the flight.
The OP would claim on the credit card  that the OP paid the flight with (how the OP paid the hotel doesn't mater)

Someone could claim "consequential loss" from a retailer (or airline)

But I will suggest the  Credit card as they have deeper pockets.

I'm not convinced that would work or that is how the regulations would be interpreted.  If it worked like that then the moment you pay for flights on a credit card they are de facto becoming a tour operator and including anything else you choose to book for that trip.

Also, if the airline has refunded they are not in breach of contract so I do not see how a section 75 claim against the flight transaction would work in the first place.

A lot of this stuff is down to interpretation and sometimes just needs a test case.  But MSE, and many other consumer bodies have never advised that the failure of a flight puts the card company on the hook for other related bookings.  And there's been plenty of opportunities in recent years to test the theory.... Monarch, Thomas Cook.... and more. 

Life__Goes__On

I'm not saying for sure it will work  but with a S75 a person has nothing to lose except time. (unlike going to court)
So if a person is only being offered vouchers that they don't want it's an no lose option