Section 75 and Travel Agents (also don't use Dream World Travel)

Upsidedownandaround

bagand96 said:

Upsidedownandaround said:

bagand96 said:

But there are occasions where flight tickets can be purchased and payed for, but the tickets not issued immediately. Unless booking a package holiday or a charter flight only it is quite rare these days, but not impossible. Some airlines still offer special fare buckets via agents where the tickets won’t be issued immediately.  As Alan has pointed out, this would require an ATOL license, Dream World Travel do have one, and the OP stated they received a certificate. 

That's irrelevant though in this case if what the OP says is correct.

It's not a case of tickets not being provided immediately it's a case of them not being provided at all.

The tickets weren't provided because the airline cancelled the flight before the time at which the tickets would have been provided.  

S75 claims can be complex around flights booked with agents with the creditor-debtor link being broken with the agent in the middle. And the banks will try and find any way out of a claim. 

So non-performance of a material term of a contract is not a breach of contract because their supplier didn't provide it to them?

If I buy a razor from Amazon and then it's never delivered and they say it's because Philips stopped selling them do you think that's not a breach of contract?

Just because a person, company, entity can blame someone else for their failure to fulfill their obligations that doesn't mean it's not a breach of contract.

Butts

"Weebles wobble but they don't fall down"

Well I'm afraid this one did ......

"Palmed us off for months"- this was your mistake.

As soon as the flights were cancelled you should have instituted a chargeback. At that time (last summer) this site was full of people facing similar predicaments and a cursory glance should have been your catalyst to act.

Alan_Bowen

Dream World were never an agent of the airline, as a non-IATA agent, they couldn't be. They would have had to buy the tickets from another agency and they would never have done that because the flights were cancelled. The fact that they have outstanding judgments suggests others may have sent in the bailiffs but found the office is empty, I suspect the entire operation is run from India and the address is purely an accommodation address. I would really push your bank again as I think it may be the only realistic option...

Back in my law student days when I studied the Theft Act, there was an offence of obtaining a pecuniary advantage by deception, I have no subsequent experience of criminal law but I wonder whether refusing to refund the money that is not yours to keep falls within that definition? But if there is no one there it is probably irrelevant anyway