When flights go ahead, but you are not able to take them - frustrated contracts

MoneyNumpty

CKhalvashi said:

 They were completely able to purchase Wizz Flex (with several promotions to purchase this for £1 in recent months) and chose not to do so.

A pandemic is an exceptional circumstance on the basis of both EU law and advice, and UK law. There is therefore no claim against Wizz by Moneynumptey in my opinion.

In Bold - Actually the price for Wizz Flex was more than double the price of a standard flight, which is hardly suprising given the airline I assume was concerned that flights might not run if anothe lockdown occured.
As for a Pandemic being an exceptional circumstance... I would say that this would be true if we weren't already 6 months into a pandemic when I booked. Therefore you could argue that the airline has waived the right to cry 'Exceptional Circumstance or Force Majeure' in this case surely? How can you describe an event as unforeseen when it's happening around you?

bagand96

So where has this advice been during the last 9 months? Why haven't people been helping and advising on people's rights to refund on frustrated contract grounds, until now?

CKhalvashi

MoneyNumpty said:

CKhalvashi said:

 They were completely able to purchase Wizz Flex (with several promotions to purchase this for £1 in recent months) and chose not to do so.

A pandemic is an exceptional circumstance on the basis of both EU law and advice, and UK law. There is therefore no claim against Wizz by Moneynumptey in my opinion.

In Bold - Actually the price for Wizz Flex was more than double the price of a standard flight, which is hardly suprising given the airline I assume was concerned that flights might not run if anothe lockdown occured.
As for a Pandemic being an exceptional circumstance... I would say that this would be true if we weren't already 6 months into a pandemic when I booked. Therefore you could argue that the airline has waived the right to cry 'Exceptional Circumstance or Force Majeure' in this case surely? How can you describe an event as unforeseen when it's happening around you?

The pandemic is an exceptional circumstance. It is not 'normal' to be in the position that we are currently in by any means, and therefore any actions that governments take cannot be the responsibility of a single private company, as private companies don't set immigration law.

In your particular case, this would be due to the closure of Portuguese borders to non-residents not being clear or expected at the time you bought the tickets. If it was, you wouldn't have continued with your purchase.

In relation to frustration of contract, this will fail too, due to Coronavirus being a well known event since at least March. The well documented failure of the British government to contain the virus since March will also not help your case, and it would appear that Portugal has taken a risk-based approach based on the circumstances at the time.

Thrugelmir

MoneyNumpty said:

CKhalvashi said:

 They were completely able to purchase Wizz Flex (with several promotions to purchase this for £1 in recent months) and chose not to do so.

A pandemic is an exceptional circumstance on the basis of both EU law and advice, and UK law. There is therefore no claim against Wizz by Moneynumptey in my opinion.

 I would say that this would be true if we weren't already 6 months into a pandemic when I booked. 

Then you presumably evaluated the personal risks prior to booking your trip. Events were totally forseeable though precisely where and when obviously couldn't be. 

Nebulous2

I've been reading this travel section regularly for months now and the only time I can recall seeing anyone put forward frustration of contract as an argument was the holiday home company LHH. It was arguing that frustration of contract meant it didn't have to refund people who had booked through it. 

If someone is inclined to put forward frustration as an argument with an airline then test it in court,  they are perfectly free to go ahead. We may not rate their chances of success, but that doesn't mean there isn't any chance. 

rosiesposies

From this very forum years ago someone took the banks to court and from that spawned bank reclaim fees, a few years later ppi. I wouldn’t be surprised if this does lead to something in a few years time, but we will expect to pay for it some way or another. If it means low cost airlines go bust then reincarnate as something else who knows?

bagand96

rosiesposies said:

From this very forum years ago someone took the banks to court and from that spawned bank reclaim fees, a few years later ppi. I wouldn’t be surprised if this does lead to something in a few years time, but we will expect to pay for it some way or another. If it means low cost airlines go bust then reincarnate as something else who knows?

As someone else has already pointed out, the CMA only have power and influence on UK companies, which isn't many low cost airlines... or very many airlines in total, low cost or otherwise! 

Thrugelmir

rosiesposies said:

 a few years later ppi. I wouldn’t be surprised if this does lead to something in a few years time, but we will expect to pay for it some way or another. 

PPI was missold in the broadest sense.  Flights are predominantly booked direct. Very different. Nor have the airlines profited by many billions of pounds as some of the banks did. Besides which PPI is a UK only issue. Not an international one. 

eskbanker

The issue of flight refunds seems to be getting some media coverage after a Which? report published today:
https://www.which.co.uk/news/2021/02/over-two-million-people-havent-received-money-back-for-flights-they-couldnt-take-during-pandemic/
https://www.bbc.co.uk/news/business-56098983

However, despite the CMA investigation being announced two months ago, there is no visible sign of progress, as judged by the home page for its activity - these things do inevitably take time but it would be reassuring to have some timescales shared:
https://www.gov.uk/government/news/covid-19-cma-launches-investigation-into-airlines-over-refunds
https://www.gov.uk/cma-cases/covid-19-cancellations-airlines