Tesco credit card section 75 ignored

Cazzer2017

All my flights cancelled by Ryanair for travel to Spain. I paid by Tesco credit card for the flights and hotel in Spain. Tesco are saying because the hotel did not cancel I cannot claim under section 75 or cash back for the cost of the hotel. They are saying the fact there was a govt travel ban and no flights is irrelevant. Can anyone advise please?

Speedbird676

It's not clear from your original post but I assume you didn't book the hotel via Ryanair?

If you booked the hotel directly or via another booking site and the hotel are prepared to honour your reservation then it would not be covered by Section 75 as they have not failed to provide the service you purchased.

Have you spoken to the hotel/travel agent to see whether they are willing to refund the hotel? Failing that, you would need to claim on your travel insurance.

born_again

For Section 75 you have to show /prove Breech of contract or Misrepresentation by the retailer. 
Tesco are correct. If the hotel did not cancel, there is not even a chargeback option.
You are looking at your travel insurance. Which you did take out when you booked the trip, didn't you?

eddddy

Cazzer2017 said:

All my flights cancelled by Ryanair for travel to Spain. I paid by Tesco credit card for the flights and hotel in Spain. Tesco are saying because the hotel did not cancel I cannot claim under section 75 or cash back for the cost of the hotel. They are saying the fact there was a govt travel ban and no flights is irrelevant. Can anyone advise please?

What did the hotel say when you asked for a refund? Was the hotel open when you were due to stay?

If, for example, they said they were closed (due to Covid), but they wouldn't give you a refund - that would strengthen your s75 claim for breach of contract.

But if they said they were open at the time, and they had a room waiting for you - you wouldn't have a basis for a s75 breach of contract claim.

2e0arr

Look at last night martin Lewis tv show regarding cancellations and cover etc may be of use

born_again

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

eskbanker

2e0arr said:

Look at last night martin Lewis tv show regarding cancellations and cover etc may be of use 

I don't recall anything specifically applicable to this scenario (separate hotel and flight bookings, with just the latter cancelled) being mentioned, just typical generic glib superficial soundbites.  I'd have thought that there was much more comprehensive content in the coronavirus guides on this site, but rather than expecting people to sit through half an hour on the off chance, can you summarise what you feel was relevant and direct those interested to the time of the show that applies?

digalumps

Tesco are absolutely right - if the hotel is still available and not closed then the fact that you can't get there is irrelevant- the room is ready and waiting for you and there is no refund.

If on the other hand the hotel is closed and there is no room for you then you can claim but that is completely separate to the flight claim

Dr_Crypto

Are you sure the hotel is/ was open? My understanding is that Spain is still in partial lockdown and all hotels and tourism is still closed. 

Cazzer2017

born_again said:

For Section 75 you have to show /prove Breech of contract or Misrepresentation by the retailer. 
Tesco are correct. If the hotel did not cancel, there is not even a chargeback option.
You are looking at your travel insurance. Which you did take out when you booked the trip, didn't you?

Hi yes I had travel insurance so I have claimed with them again and I am just waiting for a reply.  They initially told me to go to my credit card company.

Cazzer2017

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

born_again said:

It would really hep if the OP gave more info on the dates of travel etc.. As Spain closed down before UK.

I was due to travel on the 20th March.