Chargeback

Jonpot

Hi, can anyone give any advice please.
August 2020 I had flights booked and paid for with Ryanair and a separate flight booked through a 3rd party travel agent. 
Unfortunately at the time of travel the FCO put a travel ban In place for Spain,
Effectively we couldn't travel.
I approached Ryanair for a refund,  the basically dismissed the FCO travel ban, and stated the flight was going ahead whether I'm on it or not.
We were offered no travel voucher or to reschedule the flight.
We never took the flight.
We went back to the bank and claimed a chargeback,  presented our case,
thinking the overriding factor would be the FCO travel ban.
A refund was made back to us for the cost of the flights from Ryanair and also from the travel agent .
Ryanair disputed the claim with the bank and had the claim reversed, due to the terms and conditions of the policy  ?
Yet the claim with the travel agent wasn't disputed. 
But now they've been in contact stating the time limit has expired for them to dispute the claim, and we need to pay the outstanding balance for the flight back to them as we where in contract with Ryanair,  not the travel agent, saying its a breach of contract. 
I've replied to say the flight was purchased from the travel agent so the contract was with them not Ryanair.
They say in the terms and conditions of the company, they are not liable for any issues regarding flights, and any issues lay with the airlines. 
If we don't pay the full amount they'll start a legal procedure .
Can anyone give advice on this matter,
Would the contract be with the airline even though I'd purchased it through the travel agent ?
I had a similar issue the previous year with etihad Airways, I'd purchased the flights through a travel agent,  we couldn't travel to Thailand due to covid.
I approached the airline for a refund and I was told to go back to the 3rd party whom the flight was purchased from as the contract was with them.
Because of that experience I'm thinking this issue is similar and as I'd purchased the flight from the travel agent I'd bought into a contract with them.

Any help/advise would be appreciated. 
Thanks

bris

Problem you have is they didn't breach the contract you did.

If the flight went ahead then they have done nothing wrong, the ban and the flight are not related and cant be used as an excuse to cancel the contract. Did you have holiday insurance? That's what it's for.
Chances of them going ahead with the court case are pretty slim though so you could call their bluff.

sheramber

A refund was made back to us for the cost of the flights from Ryanair and also from the travel agent .
Ryanair disputed the claim with the bank and had the claim reversed, due to the terms and conditions of the policy  ?
Yet the claim with the travel agent wasn't disputed. 
But now they've been in contact stating the time limit has expired for them to dispute the claim, and we need to pay the outstanding balance for the flight back to them as we where in contract with Ryanair,  not the travel agent, saying its a breach of contract. 


Can you  clarify who 'they' are and what they are claiming  you need to pay?

You say Ryanair disputed the chargeback and it was reversed so did  Ryanair got their money back?

 

pbartlett

An FCO travel ban is an absolutely certain claim against your travel.insurance I would go this route if all else faild

Jonpot

sheramber said:

A refund was made back to us for the cost of the flights from Ryanair and also from the travel agent .
Ryanair disputed the claim with the bank and had the claim reversed, due to the terms and conditions of the policy  ?
Yet the claim with the travel agent wasn't disputed. 
But now they've been in contact stating the time limit has expired for them to dispute the claim, and we need to pay the outstanding balance for the flight back to them as we where in contract with Ryanair,  not the travel agent, saying its a breach of contract. 


Can you  clarify who 'they' are and what they are claiming  you need to pay?

You say Ryanair disputed the chargeback and it was reversed so did  Ryanair got their money back?

 

Yes Ryanair disputed the chargeback and the claim was reversed and they got the money back.
Yet the travel agent,
Directline flights didn't dispute claim within the timescale offered, 
As they missed the deadline to dispute the claim ,they've contacted me direct to say they want the money back, basically or they'll proceed with legal action. 
I've explained we couldn't have used the flight because of the fco ban.
They said its a matter with the airline (Ryanair) as my contract was with them,
But the flight was purchased with Directline Flights,  so I'm thinking the contract was with them ?
Either way they say I'm in breach of contract for claiming a chargeback against them as the contract was with Ryanair  ?

Jonpot

pbartlett said:

An FCO travel ban is an absolutely certain claim against your travel.insurance I would go this route if all else faild

Yes I thought so, but according to the travel insurance there was no cover for a global pandemic,  apparently 🤔 

Jonpot

bris said:

Problem you have is they didn't breach the contract you did.

If the flight went ahead then they have done nothing wrong, the ban and the flight are not related and cant be used as an excuse to cancel the contract. Did you have holiday insurance? That's what it's for.
Chances of them going ahead with the court case are pretty slim though so you could call their bluff.

Apparently the insurance say we weren't covered against a global pandemic 🤷🤔

user1977

Jonpot said:

bris said:

Problem you have is they didn't breach the contract you did.

If the flight went ahead then they have done nothing wrong, the ban and the flight are not related and cant be used as an excuse to cancel the contract. Did you have holiday insurance? That's what it's for.
Chances of them going ahead with the court case are pretty slim though so you could call their bluff.

Apparently the insurance say we weren't covered against a global pandemic 🤷🤔

Which (assuming you've checked that's what the policy says) is understandable. Somebody has to bear the risk of you being unable to travel, and in this case it's you. The airline isn't in breach of contract if their flight was operating (have you checked that it did actually fly?).

mattyprice4004

If the flight went and you chose not to go, that’s your choice and your loss to bear. 

FCO advice is just that - advice, and not a ‘ban’ on travel. If you chose not to go, it’s on you and they can successfully pursue you for the amount. 

The fact they didn’t respond to a chargeback claim in time will have no bearing; courts are likely to be sympathetic to the agent given the extreme workload they’d have been under. 

I’d pay up before you get lumbered with their costs etc 

p3ncilsharpener

mattyprice4004 said:

If the flight went and you chose not to go, that’s your choice and your loss to bear. 

FCO advice is just that - advice, and not a ‘ban’ on travel. If you chose not to go, it’s on you and they can successfully pursue you for the amount. 

The fact they didn’t respond to a chargeback claim in time will have no bearing; courts are likely to be sympathetic to the agent given the extreme workload they’d have been under. 

I’d pay up before you get lumbered with their costs etc 

Finally the correct advice.

I've used the Wayback machine to confirm what I thought, there was no ban on travel to Spain in August of 2020.  

This is "disinclination to travel" so you have no chargeback rights and no travel insurance will cover you for this.

bris

p3ncilsharpener said:

mattyprice4004 said:

If the flight went and you chose not to go, that’s your choice and your loss to bear. 

FCO advice is just that - advice, and not a ‘ban’ on travel. If you chose not to go, it’s on you and they can successfully pursue you for the amount. 

The fact they didn’t respond to a chargeback claim in time will have no bearing; courts are likely to be sympathetic to the agent given the extreme workload they’d have been under. 

I’d pay up before you get lumbered with their costs etc 

Finally the correct advice.

So no one else told the OP the exact same thing then?