Section 75 rejected for flight seats

happy_hazelnuts

Final question - i am not sure if you received both the cruise and flight money back ie the whole package holiday money (but not the separate seat money) or did you only get the cruise portion back?

luv2spend

happy_hazelnuts said:

Final question - i am not sure if you received both the cruise and flight money back ie the whole package holiday money (but not the separate seat money) or did you only get the cruise portion back?

I received a full refund for the Celebrity cruise package, i.e. flights, accommodation, transfers and the cruise itself

phillw

luv2spend said:

No response from airlines and credit card provider is saying that as flights went ahead anyway, there's no basis to raise a claim.

You could try asking for the flights to be refunded as a consequential loss of the cruise company being unable to provide the service you paid for on your credit card.
If they still don't budge then tell them you disagree and you want to raise a complaint against them (your credit card provider), you could be in a very long queue though. It may help if you ask for a deadlock letter for the ombudsman to avoid dragging it out unnecessarily for another month.
As it seems you bought the flights at the same time as you bought the cruise and paid both on credit card then I don't see why you should be having these problems and hopefully the ombudsman would agree.

phillw

luv2spend said:
I received a full refund for the Celebrity cruise package, i.e. flights, accommodation, transfers and the cruise itself

So is the only thing you didn't receive the extra money that you paid direct to the airline for extras? If you received a refund for your flight then you wouldn't be allowed on the plane to use those extras?
That sounds like a clear consequential loss.

luv2spend

phillw said:

luv2spend said:
I received a full refund for the Celebrity cruise package, i.e. flights, accommodation, transfers and the cruise itself

So is the only thing you didn't receive the extra money that you paid direct to the airline for extras? If you received a refund for your flight then you wouldn't be allowed on the plane to use those extras?
That sounds like a clear consequential loss.

That's correct. The monies paid directly to the airline for our seats is all that I want refunded which was paid for using the credit card and over £100.

chistery

I have to agree with the airline here. You paid the airline directly and the flights went ahead. The cruise company refunding you has nothing to do with this.

happy_hazelnuts

It may not matter that the flight went ahead anyway since it is a package holiday cancellation we are talking about.

The seats MAY be recoverable as consequential loss from the credit card - google 'S75 consequential loss' for examples. One example is it you paid for a concert that was cancelled and you were refunded, but separately you had bought a non-refundable coach ticket to get there and the coach company would not refund you since the coach was still running, then you can claim that consequential loss from the card company. 

Bit of a grey area but you could try, and if they refuse raise a complaint with the card company.

phillw

happy_hazelnuts said:

It may not matter that the flight went ahead anyway since it is a package holiday cancellation we are talking about.

The seats MAY be recoverable as consequential loss from the credit card - google 'S75 consequential loss' for examples. One example is it you paid for a concert that was cancelled and you were refunded, but separately you had bought a non-refundable coach ticket to get there and the coach company would not refund you since the coach was still running, then you can claim that consequential loss from the card company. 

Bit of a grey area but you could try, and if they refuse raise a complaint with the card company.

I think it's less of a grey area as you could arguably still use the coach for a day out if a concert was cancelled, but it's my understanding he was refunded for the flight and it's something like meal/leg room/upgrade/seat allocation that he paid for separately. By refunding the ticket, any money he paid to the airline became worthless. Which is a clear consequential loss.

eddddy

Just to be clear...

"Consequential losses" would be losses as a result of a breach of contract.  If the suggestion is that the Cruise company breached the contract, the claim would be against the Cruise company or the credit card used to pay for the Cruise - not the credit card used to pay for the flights.

However, I guess it's not clear that the Cruise company has breached the contract. If their contract allows them to cancel the cruise and refund the payment, then no breach has occurred.