Refund on non cancellation room

bagand96

Life__Goes__On said:

People can read the my advice or even read that a Professor of Travel Law thinks airlines are (in some cases)  are responsible for "consequential loss"
I have supplied this  information and people can judge for themselves
If I am wrong, hopefully someone can supply links to cases and/or legal opinion to why it won't work, as that would be very helpful.

I don't think there is any law that puts airlines on the hook for consequential losses for flight cancellations.  EC261 which is the major EU legislation around flight cancellations is pretty punitive, and even that stays away from airlines being responsible for consequential losses.

The information you provided was a Professor of Travel Law who believed that a credit card company might be liable for consequential losses in the circumstance where an airline had gone bust - its a slightly different scenario.  There's no further information on it so I'd assume he didn't pursue it - it would have been a pretty major test case had it got that far. Also worth pointing out he is a Professor of Travel Law and not Credit finance law.

As I said yesterday, I'm not saying your wrong, I'm just as likely to wrong as you are, but my view is that the chances of success on this are at best remote.  I agree though that other than time, there's nothing to lose with your bank and the Ombudsman.

Life__Goes__On

If you are going down the S75, it's not credit law,  it's contract law (That is what the ruling of the Ombudsman are based on)
Previous rulings by them  show "consequential loss" is allowed
 I have little doubt a Professor of Travel Law, would be expert in contracts,  as that's everything is mostly about ( who has what contract with whom)

There is no English law that especially covers airlines in this matter  in contract law (I'm not going down any EU law route)
So you would need to look at the general rules about "consequential loss"  and they are allowed

So credit card companies  will have to argue why "consequential loss" doesn't apply to airlines.

Maybe the credit card companies they will win,   but they didn't win about foreign transaction being included.

liamc28

Hi, so after speaking to Expedia who said they could only offer a voucher as the cash refund would only come from hotel as they have the money. They said it would be upto the hotel to refund and contact them. Contacted them and they emailed to say they have not received any money so Expedia still technically have our money. We Re contacted Expedia who originally said they are only offering a voucher as the hotel have the money. But after complaining about our situation and telling them the hotel have not received any form of payment, they told us over the phone they would cancel the voucher and give us a refund, and putting it through the refund section of Expedia. So fingers crossed, they come up with the goods. 

Now I don’t know whether they knew the hotel had not received any money and just trying to fob us off with a voucher only, so there for expected us to leave it there and not chase up on the refund. I’m sure there are plenty of people who would just accept the voucher but it’s worth investing some time and emailing back and forth and waiting in phone queues