120 days section 75 time limit imposed by MBNA

lazytomato

Hi all,

Just got a question about the time limit for section 75. In some places I have read that you have 45 to 120 days to make the claim under section 75, but on the actually section there is no time limit, so it's statutory limit of 6 years. Is this correct?

I booked for a holiday in January 2020 for Morocco in March 2020, which was cancelled as the Morrocan government announced a ban on all international flights a day before our departure. I have managed to get a refund for my return flights and accommodations, but there was one domestic return flight, operated by Royal Air Maroc that I have no been able to cancel. I have tried to reach out to the company on numerous occasions, and they either would not answer their phone or never returned any of my emails/their inbox was full. I tried to reach out to MBNA recently, who I paid the flights with, they said that because it is over 120 days since the departure of the flight and that the flights didn't get cancelled by the airline, therefore I am not entitled for a refund under section 75.

In August, I also booked for another holiday for Turkey in October. It was cancelled shortly before departure because the destination got removed from the travel corridor. Again I managed to get most refunds but still not received anything from the car rental company (circular car hire). When I contacted the company in October, they said they would refund me in 2 months time. I contacted them again at the end of January, and they are now saying that I will be refunded in July! I sent them further messages about why it takes 10 months for a refund, and they just ignored my messages. 

I was just wondering if the 6 years time limit of section 75 applies to holiday products? Or is it actually 120 days on these occasions? I don't feel like I'm going to get a refund back from the car hire company but the claim would again fall outside of the 120 days window. 

Any help is appreciated. Many thanks in advance. 

[Deleted User]

120 days is the charge back rule not section 75, they have tried (or refused) to do a charge back.

Go back to them and ask for S75 not charge back

eskbanker

lazytomato said:

I tried to reach out to MBNA recently, who I paid the flights with, they said that because it is over 120 days since the departure of the flight and that the flights didn't get cancelled by the airline, therefore I am not entitled for a refund under section 75.

As above, the 120 day argument doesn't wash in the context of a s75 claim, but unfortunately their other line of argument does, i.e. if the flights went ahead then there is no breach of contract that qualifies for s75 coverage.  You could try your travel insurance though....

lazytomato said:

In August, I also booked for another holiday for Turkey in October. It was cancelled shortly before departure because the destination got removed from the travel corridor. Again I managed to get most refunds but still not received anything from the car rental company (circular car hire). When I contacted the company in October, they said they would refund me in 2 months time. I contacted them again at the end of January, and they are now saying that I will be refunded in July! I sent them further messages about why it takes 10 months for a refund, and they just ignored my messages.

[...]

I don't feel like I'm going to get a refund back from the car hire company but the claim would again fall outside of the 120 days window.

If the car hire booking was a standalone one (rather than something that would fall within the Package Travel Regulations for example) then you'll be subject to the supplier's standard terms covering cancellation by the customer (the fact that you couldn't get to Turkey is irrelevant to them), so there's unlikely to be any card-related claims in terms of an actionable breach of contract, unless the contract specifies that they'll refund within x days/weeks?

Sandtree

lazytomato said:

but on the actually section there is no time limit, so it's statutory limit of 6 years. Is this correct?

The statutory limits will apply, how long they are will depend on various factors. As you are talking about domestic flights overseas and car hire its likely those contracts were not governed by the England & Wales legal jurisdiction and so you'd need to know local equivalents of the Statute of Limitations to know the time limits.

MattMattMattUK

lazytomato said:

but there was one domestic return flight, operated by Royal Air Maroc that I have no been able to cancel. I have tried to reach out to the company on numerous occasions, and they either would not answer their phone or never returned any of my emails/their inbox was full. 

Did the flight actually take place? If the flight was operated then you are not due a refund. 

bubieyehyeh

It depends if flight went ahead. However I had a different credit card company trying to deceive me when they replied after a few weeks to say my transaction complaint was out of time and could do no more. I had asked for a S75 but I think the hoped the letter saying I was out of time would make me give up. When I rang to query this they confirmed to the time was the chargeback rules, and I pointed out I had asked for a S75, I put in a complaint and they paid out the next day.