On the beach package deal - flying with Wizz Air

CKhalvashi

dazzler9000 said:

Sorry, quoting your previous responses doesn't work well in my browser.

- I'm happy to approach the credit card company, but it's not really their fault, surely they are going to tell me to go and speak to the airline or package provider?

- Yeah, it doesn't help that they don't respond, hence me looking at other options.

They can ask, but cannot force you to keep attempting with OTB as you are covered by Section 75 of the Consumer Credit Act. The card company are therefore a party to the transaction, as OTB have packaged together a hotel and flight package for your use, therefore creating a personalised product and therefore are not a third party but are the supplier in law for all the elements of a personalised package.

The exact wording of the legislation can be found by clicking here.

You have equal claim with the CC issuer as you to with OTB in legislation, as long as the package cost more than £100 and less than £30k and could if you wish have the CC issuer as a party to any legal proceedings. This is not whether the CC issuer is at fault, this is about enforcing your legal rights.

dazzler9000

I've raised a claim with my credit card company. I don't like my chances as the online form only allows me to proceed if I send them a form showing that my package provider has told me to go via the credit card claim route. I uploaded a document explaining that ONB isn't communicating to submit the claim..... What a PITA.

CKhalvashi

They may wish for this to be the case, but that won't stop you potentially taking them to court to reclaim any funds you may be owed.

It is therefore in their interests to take this seriously.

eskbanker

dazzler9000 said:

I've raised a claim with my credit card company. I don't like my chances as the online form only allows me to proceed if I send them a form showing that my package provider has told me to go via the credit card claim route. I uploaded a document explaining that ONB isn't communicating to submit the claim..... What a PITA.

Making a section 75 claim isn't dependent on trying to resolve with the merchant first (even though that's usually sensible), so your card company isn't entitled to insist on you providing evidence of that.  They're perhaps trying to direct you down the chargeback route instead, which is cheaper for them and does require you to have tried the merchant first, but ultimately it's your choice rather than theirs....