Section 75 rejected for flight seats

luv2spend

I'm struggling to get a credit card refund via Section 75 for seats I had booked on flights. 

The flights were part of a cruise package which was cancelled by the cruise operator due to coronavirus. I've received a full refund for the cruise package, but have been unsuccessful in getting refunds for the seats booked on the relevant flights. No response from airlines and credit card provider is saying that as flights went ahead anyway, there's no basis to raise a claim. I even raised a complaint via Resolver to my credit card provider, but they're standing by their decision as they're saying we chose not to utilize the flights.

[Deleted User]

It sounds as if they disagree it wa a package. How exactly was it booked.

As a heads up, don't use Resolver to make complaints.  Go direct if you want a speedier response. You'll find contact details for your credit card on your statement or on their website. 

eskbanker

Did you pay for specific seats directly to the airline rather than to the package organiser as part of the package?

luv2spend

We booked the Celebrity cruise incl. flights, pre-cruise accommodation and transfers via a cruise agent. The complete package was with Celebrity themselves as their invoice proves, showing the breakdown for each element.

luv2spend

We booked specific seats direct with the airline. I mentioned the airline flight ref and attached confirmation of the purchase, but the credit card co. still refuse to refund.

eskbanker

luv2spend said:

We booked specific seats direct with the airline. I mentioned the airline flight ref and attached confirmation of the purchase, but the credit card co. still refuse to refund.

To succeed with a section 75 claim, you need to demonstrate breach of contract by the merchant or misrepresentation, so if the flights went ahead but you weren't on them, then I fail to see how that can be construed as a breach by the airline?

S75 also requires that any claimed items cost more than £100 each, did you really pay more than £100 per seat per person?

happy_hazelnuts

You say you booked the whole thing at once usongvcruise travel agents

do you know if it was booked as a package holiday with an ATOL certificate or if you was just the agent acting on your behalf booking separate items e.g. a cruise and a flight?

luv2spend

Thanks. Yes, we did actually pay more than £100 per seat per person.

luv2spend

happy_hazelnuts said:

You say you booked the whole thing at once usongvcruise travel agents

do you know if it was booked as a package holiday with an ATOL certificate or if you was just the agent acting on your behalf booking separate items e.g. a cruise and a flight?

Yes we had ATOL certificates for the flights as a package holiday.

happy_hazelnuts

Does the ATOL certificate state that it is a package holiday or does it state something else whose name I have unfortunately forgotten that basically means the agent put the thing together for you but it's not really a package holiday but something else...

luv2spend

happy_hazelnuts said:

Does the ATOL certificate state that it is a package holiday or does it state something else whose name I have unfortunately forgotten that basically means the agent put the thing together for you but it's not really a package holiday but something else...

It does show as a package holiday, i.e the cruise name and protected by Celebrity Cruises with their ATOL number and our booking reference.