What Are My Options?

Diver2

eskbanker said:

Diver2 said:

Sure enough, about a week prior to our travel home, I recieved an e-mail from Trip.com tell me that Saudia had cancelled our flights, but with no further information on what to do or next steps. Sent a e-mail asking them to to confirm a refund but also started a section 75 claim the same day. No sense in messing around arguing with such an unresponsive and unhelpful travel agent. They can argue with the credit company against the refund request if they wish.

Chances are a s75 claim will be rejected, as card companies will usually highlight that purchases via agents break the debtor-creditor-supplier chain required under the legislation - a chargeback claim ought to work if the agent refuses to refund though.

Sorry Eskbanker, but can I ask you to explain a little more (or point to me a reading source) about the debtor-creditor-supplier chain required under the legislation?

Thanks

D2

eskbanker

Diver2 said:

eskbanker said:

Diver2 said:

Sure enough, about a week prior to our travel home, I recieved an e-mail from Trip.com tell me that Saudia had cancelled our flights, but with no further information on what to do or next steps. Sent a e-mail asking them to to confirm a refund but also started a section 75 claim the same day. No sense in messing around arguing with such an unresponsive and unhelpful travel agent. They can argue with the credit company against the refund request if they wish.

Chances are a s75 claim will be rejected, as card companies will usually highlight that purchases via agents break the debtor-creditor-supplier chain required under the legislation - a chargeback claim ought to work if the agent refuses to refund though.

Sorry Eskbanker, but can I ask you to explain a little more (or point to me a reading source) about the debtor-creditor-supplier chain required under the legislation?

Thanks

D2

https://www.legislation.gov.uk/ukpga/1974/39/section/75 is the legislation itself, predicating the whole thing on "If the debtor under a debtor-creditor-supplier agreement...", and https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#exceptions and similar pieces elsewhere translate that into plainer English.

Essentially s75 only applies if the company you're paying is the one providing the service/goods, so any use of middlemen can be used to reject claims, regardless of their merits, because the presence of a fourth party in between the other three breaks the direct linkage needed.

Diver2

Thanks - that makes sense and I see the point. I'll discuss further with the Credit Card company if needed. 

Interesting that on the reciepts I have from Trip.com, they describe themeselves as the "agent of the airline" and are IATA members. Whether that changes the contractual relationship I don't know. I will pursue the chargeback option if needed though. 

Thanks

D2

Diver2

Just to come back as an update to this thread. I asked the credit card company to raise a parallel chargeback along with the Section 75 claim. I got a letter a couple of days ago to see that this had been accepted and the funds are now back in my account. The letter does state that they will continue to investigate further and a potential exists for this decision to be reversed, but it feels like the burden now sits with Trip.com to make their case for the funds.

Seperately, after several email exchanges, Trip.com have now seemingly grasped the situation that they need to refund and "are looking into it" but certainly aren't rushing to resolve. 

Thank you to all for your help and advice on this thread!

D2

Diver2

Apologies for continuing to ask questions about my situation, Trip.com have now asked me to confirm that I want them to process a refund, specifically writing to them using that term (confirm). 

Given that my CC company have already issued a chargeback and given me the money, I contacted them to ask whether I should continue to chase for a refund with Trip.com via the above, since I didn't want to interfere with anything they were doing and have the funds. They have acknowledged my request, told me not to do anything for now, but haven't given any form of final answer. I don't know how long that will take. 

I'm also aware that the conditions of the airline say that there is a 60 day window to claim a refund (which runs out around end of Feb). 

I'm concerned that the chargeback might ultimately be unsucessful and that by not still pushing for a refund, the window to claim will have passed. Should I respond to Trip.com telling them to try for a refund, even though the CC have said do nothing for now (I have that in writing on an e-mail)?

D2