Section 75 associated costs

sightseersteph

Hello MSE hive mind!

I recently had a flight cancelled in the USA due to adverse weather and had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express but they have come back saying that there wasn't a breach of contract so can't be refunded - this is after saying in the application that I was looking to claim the associated costs. I provided details of the cancelled flight along with the cost of the hotel I paid for. Unfortunately my travel insurance doesn't cover this.

Has anyone been successful in claiming associated costs via Section 75?

eskbanker

It does seem unlikely that there'd be a valid s75 claim here without a breach of contract, assuming the airline did eventually fly you to your destination, but perhaps worth checking if you can claim against the airline under the Montreal Convention or its own policy for dealing with such scenarios?

born_again

sightseersteph said:

Hello MSE hive mind!

I recently had a flight cancelled in the USA due to adverse weather and had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express but they have come back saying that there wasn't a breach of contract so can't be refunded - this is after saying in the application that I was looking to claim the associated costs. I provided details of the cancelled flight along with the cost of the hotel I paid for. Unfortunately my travel insurance doesn't cover this.

Has anyone been successful in claiming associated costs via Section 75?

They are correct. There is no breech of contract. So no other costs are claimable. You best bet maybe via airline?


S75 is not a cover all insurance.

DullGreyGuy

sightseersteph said:

Hello MSE hive mind!

I recently had a flight cancelled in the USA due to adverse weather and had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express but they have come back saying that there wasn't a breach of contract so can't be refunded - this is after saying in the application that I was looking to claim the associated costs. I provided details of the cancelled flight along with the cost of the hotel I paid for. Unfortunately my travel insurance doesn't cover this.

Has anyone been successful in claiming associated costs via Section 75?

So you cancelled the flight rather than the airline? If so then they are right, the airline didnt breach the contract so have no liability and therefore automatically the credit card has no liability so dont need to check how the tickets were bought to check if S75 applies

eskbanker

DullGreyGuy said:

sightseersteph said:

I recently had a flight cancelled in the USA due to adverse weather and had to book into a hotel overnight until I could get the new flight

So you cancelled the flight rather than the airline?

That's certainly not the way I read the quoted wording - sounded like it was the airline that had to cancel, due to the weather conditions, but OP can presumably clarify....

DullGreyGuy

eskbanker said:

DullGreyGuy said:

sightseersteph said:

I recently had a flight cancelled in the USA due to adverse weather and had to book into a hotel overnight until I could get the new flight

So you cancelled the flight rather than the airline?

That's certainly not the way I read the quoted wording - sounded like it was the airline that had to cancel, due to the weather conditions, but OP can presumably clarify....

Ok, probably my scan reading at fault.

So, assuming it is the airline that cancelled it then the airline would have a duty of care under the Montreal Convention, if it was an international flight, that can be them arranging accomodation/giving food vouchers etc or rembursing appropriately incurred costs for the same. If its a domestic flight the convention doesn't apply as thats set by US law and the US decide they prefer cheaper flights than protection.

If it was an international flight and the OP hasn't attempted to get the money back from the airline then they haven't breached their obligations and as such you have no S75 claim. If they have attempted to recover them but the airline has refused them then we would need to know on what grounds the airline has refused. Again a domestic US flight has no duty of care so no claim can be made on either

born_again

To be fair OP has not even mentioned if flight was paid for on Amex.

 had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express

Can be read as OP is trying to just get hotel cost back as paid on Amex?

To me that is slam dunk on the airline if airline cancelled.

eskbanker

born_again said:

To be fair OP has not even mentioned if flight was paid for on Amex.

 had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express

Can be read as OP is trying to just get hotel cost back as paid on Amex?

Again OP can clarify but if they paid for the hotel with Amex and the flight with a different card, it wouldn't make any sense to be trying to recover anything from Amex, who'd only have funded a purchase that was supplied without any issue?

DullGreyGuy

eskbanker said:

born_again said:

To be fair OP has not even mentioned if flight was paid for on Amex.

 had to book into a hotel overnight until I could get the new flight. I have tried to claim the associated costs through my American Express

Can be read as OP is trying to just get hotel cost back as paid on Amex?

Again OP can clarify but if they paid for the hotel with Amex and the flight with a different card, it wouldn't make any sense to be trying to recover anything from Amex, who'd only have funded a purchase that was supplied without any issue?

You mean to say we dont get any suggestions that dont make any sense? Its at least monthly that people post that they've developed a serious illness so which health insurance can they buy now to get free private treatment

Nasqueron

OP - why have you not claimed on your travel insurance?

MEM62

Nasqueron said:

OP - why have you not claimed on your travel insurance?

sightseersteph said:

Unfortunately my travel insurance doesn't cover this.

Although I cannot think of any reason why a decent policy wouldn't.