Flight cancelled

mogora

Westin said:

#1
When you say you approached the airline do you mean you completed a claims form for your expenses and attached receipts?  If you however stayed with a friend or don't have receipts for food/refreshments over the delay to travel period then they may reject your claim.

#2
The €400 figure would be correct if you are looking at EU261 (although I think the Turkish laws would apply in your case as linked by @Voyager2002).

EU261 for cancellations within <14 days of departure date are set at €400 for flights more than 1 500 km within the EU and all other flights between 1 500 and 3 500 km.  Over 3,500km it increases to €600.  Distances are measured from capital city of one country to capital city of another - so Ankara to London, which is about 2,850km.  Therefore €400 is correctly quoted.

Is it true that if the airline do not respond in 8 weeks, I can escalate this to the CAA?
If yes, how exactly do they help?

Thanks again in advance

eskbanker

mogora said:

Is it true that if the airline do not respond in 8 weeks, I can escalate this to the CAA?
If yes, how exactly do they help?

While the principle is indeed that the CAA's PACT department can handle complaints that haven't been resolved by airlines within that timeframe, I don't believe that your claim would fall within their jurisdiction, so you'd need to approach the equivalent Turkish regulator instead.

Even if the CAA did get involved, they can't actually enforce anything:

PACT will advise on whether we think you have a valid complaint, and if so will take it up with the business concerned, but we do not have the legal powers to impose a solution on an airline.

https://www.caa.co.uk/passengers-and-public/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

mogora

Hello all again, 
As Sun Express are taking forever, I contacted Travelup the online travel agent who I used to book the flights, They said, they cannot help, just to contact the airline. 
So I did a dispute with my CC company, they refunded me in full. But Travelup are now challenging this saying, I did fly back home about 24 hours later. 
Am I right in saying as this was not what I had paid for, and was not as described (the actual days and times I paid for), meaning the flight was cancelled and I had to depart and get home much later than planned, it is still a genuine reason for a refund from the CC, as they were equally liable?
If yes, would it be for the full flight, or just the return elements?
Thanks in advance

Caz3121

Their challenge appears correct- your payment was for your transportation which was used (all be it return ticket was transferred to different flights) expenses and compensation are the liability of the airline not agent or credit card 

eskbanker

mogora said:

Hello all again, 
As Sun Express are taking forever, I contacted Travelup the online travel agent who I used to book the flights, They said, they cannot help, just to contact the airline. 
So I did a dispute with my CC company, they refunded me in full. But Travelup are now challenging this saying, I did fly back home about 24 hours later. 
Am I right in saying as this was not what I had paid for, and was not as described (the actual days and times I paid for), meaning the flight was cancelled and I had to depart and get home much later than planned, it is still a genuine reason for a refund from the CC, as they were equally liable?
If yes, would it be for the full flight, or just the return elements?
Thanks in advance

Reference to equal liability normally signifies section 75, which does indeed hold a creditor jointly liable with a supplier under the Consumer Credit Act 1974, provided certain conditions are met, but unfortunately one of those is that there can't be an intermediary between the debtor (you) and the supplier (airline), and so flights purchased through agents are generally out of scope.

Chargeback is an alternative mechanism, and is presumably what your card provider invoked, as this gives the merchant the right to challenge, which is apparently what's happened here.  If you paid Travelup for return flights and flights were ultimately provided (without you having to pay for more) then yes, a chargeback attempt will fail - as your claim relates to compensation and/or reimbursement of out of pocket expenses, chargeback of the original purchase transaction isn't appropriate.

mogora

Hi all,
Just an update. After about 11 weeks. Sunexpress have approved my delay claim. 
They first said 400 E but then when I mentioned the other flight, they included that for the distance and put it upto 600 E. 
They have paid me the first part, and the rest should come soon.
With the currency exchange it comes to about £512. 
Thanks for all who helped and advised.