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Refusal of Section 75 claim for cancelled Oman Air flight ticket

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SIM99_2
SIM99_2 Posts: 10 Forumite
Part of the Furniture First Post Combo Breaker
edited 19 May at 4:56PM in Coronavirus Board

I brought Oman Air flight tickets to travel in July 2020. Oman Air cancelled the flight one month before the day of travel. After several attempts to get the refund through the travel agent, I approached the credit card company for refund under Section 75 of the Consumer Credit Act 1974.

Lloyds refused the refund stating 

“the transaction was processed through the travel agent therefore the agreement with the credit card is with them, not Oman Air  who were to provide the service. As the travel agent have taken the payment from you and passed the funds to Oman Air we cannot agree that there has been a breach in contract or Misrepresentation by them. Under Section 75 of the Consumer Credit Act 1974, there must be a direct link between the Debtor (you), the Creditor (Lloyds Banking Group) and the Supplier (Oman Air). In your scenario, as your payment was processed to the travel agent, the Debtor-Creditor-Supplier link is not complete and therefore there is no liability on Lloyds Banking Group to proceed with your claim.”

Any advice will be much appreciated.

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Comments

  • sheramber
    sheramber Posts: 22,443 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Travel insurance?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Were you offered a voucher? 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 8 May 2021 at 5:13PM
    What did the travel agents say? The airline should have refunded to them. 

    The information from your credit card company is correct.  
  • Westin
    Westin Posts: 6,315 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Oman Air have reportedly been very poor at refunding cancelled flights. Not sure if that has changed recently but they had only been offering to reschedule flights or hold a credit on account against the cancelled reservation.

    At the moment the airline is not operating to the U.K. 
    https://www.omanair.com/gbl/en/TravelAdvice/oman-air-suspends-all-uk-flights

    The information given by Lloyd’s is correct and unfortunately if the agent has not received a refund from Oman Air they won’t refund you.  You should however have a credit again future travel. 


  • elsien
    elsien Posts: 35,972 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What reason are the travel agent giving for not refunding? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • SIM99_2
    SIM99_2 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    sheramber said:
    Travel insurance?
    Thank you for the reply. Unfortunately, I didn't get a travel insurance.
  • SIM99_2
    SIM99_2 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    Were you offered a voucher? 
    Yes, but I refused thinking that I would be able to get a refund.
  • SIM99_2
    SIM99_2 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    Tedber said:
    What did the travel agents say? The airline should have refunded to them. 

    The information from your credit card company is correct.  
    Thank you for your reply. Travel agent says they had been trying to get the refund from Oman Air, but Oman Air has not issued a refund yet.
  • SIM99_2
    SIM99_2 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    Westin said:
    Oman Air have reportedly been very poor at refunding cancelled flights. Not sure if that has changed recently but they had only been offering to reschedule flights or hold a credit on account against the cancelled reservation.

    At the moment the airline is not operating to the U.K. 
    https://www.omanair.com/gbl/en/TravelAdvice/oman-air-suspends-all-uk-flights

    The information given by Lloyd’s is correct and unfortunately if the agent has not received a refund from Oman Air they won’t refund you.  You should however have a credit again future travel. 


    Thank you for your reply. Yes, I have been offered a credit voucher for future travel. But I was hoping to get the full refund.
  • SIM99_2
    SIM99_2 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    elsien said:
    What reason are the travel agent giving for not refunding? 
    Thank you for the reply. Travel agent says they could not get the refund from the airline, and is only offering the credit voucher.
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