Cancelled flights with Buta Airways.

Janepa58

Back in December 2019 I booked flights on my Santander credit card for myself and my daughter, to fly out to Istanbul, onto Baku Azerbaijan and then back to UK to travel to the Euros in June 2020.

Due to Covid all flights were cancelled. My flights to Istanbul were booked with BA and I received a full refund, without any problems. All other flights were with Buta Airways.

I contacted Buta Airways for a refund but initially with no response. Therefore, I phoned Santander for a refund on my credit card and sent off all the relevant evidence. I then received a letter from Santander, months later, stating that I was not within the time limit to claim, even though they did not state that when I phoned.

I then contacted Section 75, who even after appeal, stated that they could not organise a refund as Buta Airways were not actually refusing to refund. Each time I email Buta Airways I get the same reply 'the airline is ready to provide full refund for pre-paid tickets in a sequential order 60 days after the resumption of normal operations.'

I also phoned Buta Airways at their London headquarters to only be informed that they were not part of Buta Airways az!

Now, after 18 months, I am wondering if I will ever get a refund and am at a loss of thinking that buying flights with a credit card is of any protection whatsoever?

If Buta Airways now decide not to offer a refund will I also be out of time with Section 75?£700 is a lot of money to lose and any advice would be gratefully received. Thanks

[Deleted User]

Janepa58 said:

I then contacted Section 75, who even after appeal, stated that they could not organise a refund as Buta Airways were not actually refusing to refund. Each time I email Buta Airways I get the same reply 'the airline is ready to provide full refund for pre-paid tickets in a sequential order 60 days after the resumption of normal operations.'

This is an odd thing to say.  Section 75 aren't people you can contact.  It's a regulation, which gives you the same rights against the card provider as the retailer, so you should have spoken to Santander. 

Contact Santander now and say that you would like to make a claim under section 75. 

Janepa58

You haven't read my message very well I'm afraid.
That's exactly what I have done.
Santander bank actually put me on to Section 75

callum9999

Janepa58 said:

You haven't read my message very well I'm afraid.
That's exactly what I have done.
Santander bank actually put me on to Section 75

It's because you're describing it incorrectly - though I do think it's quite obvious who you spoke to and don't know why they couldn't work it out!

There's no such thing as "people at Section 75" - it's only a piece of written text. You presumably spoke to the Santander department responsible for dealing with Section 75 claims.

Janepa58

Yes, maybe I didn't explain very well. 
I Contacted Santander Bank first and in my opinion due to the delay in getting back to me once all the evidence had been sent they then put me on to Section 75.
And yes, I actually spoke to a person (Stephen) on the phone acting for Section 75. I also received a letter from an actual person on the Section 75 team....... headed Santander S75 Team.

Thrugelmir

Janepa58 said:

I also phoned Buta Airways at their London headquarters to only be informed that they were not part of Buta Airways az!

Do they have a London Headquarters or is it simply a customer service department operated on their behalf. As you appear to have booked directly through the company in Azerbaijan.  

Sandtree

Janepa58 said:
If Buta Airways now decide not to offer a refund will I also be out of time with Section 75?

Section 75 of the Consumer Credit Act doesn't have an explicit time limit; it just mirrors the liability of the supplier to the creditor. Buta Airways are an Azerbaijan company domiciled in Baku and so it would make sense to double check the site you booked on to see which is the governing law for the contract.

If its the law of England and Wales then contracts have a 6 year time limit in which to start legal proceedings in relation to a breach.