Cancelled flight booked through travel agent

Chith84

We booked a return ticket to India through Sothall travels(BA). The return leg of the flight was cancelled and with no alternate provided, we had to book another flight(stupidly again with Southall) at a much higher rate. Multiple delays and chargeback rejection later, would it be worth submitted a section 75? Paid through credit card and been over 6 months.

eskbanker

It's unlikely that a s75 claim would succeed when purchasing through a third party, but BA should refund the cost of the extra flight if they refused to provide an alternative when cancelling the original one (which they're obliged to do), have your claims so far been against the agent or the airline?  Why was the chargeback rejected?

bagand96

As above. If BA offered no alternative flight then you claim the cost of the replacement from them, as is your right under EC261.

Southall just act as your agent in arranging your tickets with BA. BA are responsible for the travel. Likely why the charge back failed? 

Chith84

eskbanker said:

It's unlikely that a s75 claim would succeed when purchasing through a third party, but BA should refund the cost of the extra flight if they refused to provide an alternative when cancelling the original one (which they're obliged to do), have your claims so far been against the agent or the airline?  Why was the chargeback rejected?

Thank you. BA had processed the refund to the agency(but not the cost of the alternate flight but what they claimed to be the cost of return leg£371 of the total £1150). They also shared the proof(which the agent accepted eventually but still delaying payment). BA keep directing us back to agent as our contract was with the agent.

Chith84

bagand96 said:

As above. If BA offered no alternative flight then you claim the cost of the replacement from them, as is your right under EC261.

Southall just act as your agent in arranging your tickets with BA. BA are responsible for the travel. Likely why the charge back failed? 

Thank you. Chargeback was declined as the agent challenged and said they will work with us to refund(but clearly they are not). The agent has accepted they have received the refund from BA- they keep saying they cannot help us as the ticket was booked through agent.

eskbanker

Chith84 said:

eskbanker said:

It's unlikely that a s75 claim would succeed when purchasing through a third party, but BA should refund the cost of the extra flight if they refused to provide an alternative when cancelling the original one (which they're obliged to do), have your claims so far been against the agent or the airline?  Why was the chargeback rejected?

Thank you. BA had processed the refund to the agency(but not the cost of the alternate flight but what they claimed to be the cost of return leg£371 of the total £1150). They also shared the proof(which the agent accepted eventually but still delaying payment). BA keep directing us back to agent as our contract was with the agent.

When the airline cancels a flight, they're obliged by the regulations to offer the passenger a choice between a refund or an alternative flight (at no extra cost) - at the time of the cancellation, if you were in dialogue with the agent about this then they should have offered this choice to you, but it sounds like they may simply have sought the refund unilaterally?

If it's agreed by all parties that the airline has done all it was asked to do and that the refund is sitting with the agent, then you should be able to make a s75 claim citing the agent's failure to refund you.

bagand96

If no alternative was offered, then you should have an EC261 claim from BA for your rerouting costs. Claim for the cost of your replacement flights less the £371 they have already refunded to your agent.

If the agent still haven't refunded the £371 BA sent them then speak to your card provider about that amount. But only that amount, the agent has no responsibility to refund the alternative flight cost.