Does it sound likely or unlikely that we’ll win our Section 75 claim against an airline?

Jlawson118

Back in March, myself, partner and our toddler were due to go abroad with a reputable, well known airline/holiday provider. 

At no fault of the airline to begin with, we’d ended up getting to the airport later than planned due to a sudden accident closing the motorway down whilst on route and arrived at the check-in desk just over an hour before our departure was due.

Our bags were weighed, boarding passes printed, then took our boarding passes back, changed something and then was informed by airport staff that the gate had closed and we wouldn’t be travelling. This was 50 minutes before departure where the airline specifies that gates close 30 minutes before departure and check-in closes 40 minutes before departure, suggesting we would still have had enough time to get to the gate. They’d also let passengers later than us go through. 

We’d had issues checking in online a few weeks prior to travelling where customer services advised we should check in at the airport. The other passengers they allowed to travel had pre-checked in which kind of lead me to believe they’d oversold the flight. 

The staff were trying to rebook us onto the following day’s flight, but told me I had to phone a number. Tried numerous times and couldn’t get through, then finally did for an agent to tell me I’d phoned the wrong number, she gave me another one to dial, which was the one I’d spoken to her on. 

We gave up trying. There is more to it than this but trying to keep it as short as possible.

I put in a complaint with the airline to try and at least get re-booked onto a flight or potentially vouchers for another time, but was just getting AI generated responses back not acknowledging a single point I’d raised or piece of evidence, and so at the beginning/middle of April after gathering as much evidence as we could, we raised a chargeback through the credit card. 

We checked the status of it the other day where it was saying the airline has until a certain date in June to respond and dispute, and if they don’t then we’ve won. I’m just on edge with it and waiting because it was a lot of money to lose for an airline that refused to help us in any way. 

la531983

Bit confused as to why you mentioned Section 75 in your title but then made reference to a 'chargeback', the two are very different things.

Which is it?

Aylesbury_Duck

I would expect your card provider to ask what the reason for turning you away was.  Did the check-in staff provide any reason?  You seem to have complied with the time deadline.

Hoenir

Jlawson118 said:

suggesting we would still have had enough time to get to the gate. 

So you were still at check in and nowhere near the departure gate........ Anything beyond that is presumption. 

TELLIT01

Was the OP provided with any written explanation of the reason for refusal to allow them to board?  I suspect, like the OP, that the flight was oversold or an assumption was made that they were a no-show and their tickets had been resold.  Does the OP have any evidence to support their claim that they were there 50 minutes before the flight time?

MattMattMattUK

From the limited information you have provided I suspect that both Chargeback and Section 75 would fail. 

born_again

As flight went ahead. No chargeback. Even if you were turned away.
S75, you would need to prove why you were turned away, even then it is a long shot.

Have you tried your travel ins?

Voyager2002

This sounds like a claim for denied boarding. I suggest you repost in the travel section, and name the airline.

Leave out the bit about the motorway: the critical point is that you reached the baggage drop on time and they issued boarding passes, then told you not to go to the departure gate 20 minutes before the departure gate should have closed.

m0bov

There's more to this. easyJet, I'm mean the holiday provider, normally re book you there and then and provide accommodation if needed. It's very common for flight to be overbooked. In fact most flights are, checking in at the airport, late in the process often means your put on standby for the next flight.

From experience I'd say you might of kicked off and they sent you away with a phone number.

eskbanker

Jlawson118 said:

There is more to it than this but trying to keep it as short as possible.

Your chances of seeing any money from any party will revolve around exactly why the airline denied you from boarding - you speculate about overbooking but didn't they give any indication of what the actual reason was, either at the time or subsequently?

DullGreyGuy

Jlawson118 said:

Back in March, myself, partner and our toddler were due to go abroad with a reputable, well known airline/holiday provider. 

At no fault of the airline to begin with, we’d ended up getting to the airport later than planned due to a sudden accident closing the motorway down whilst on route and arrived at the check-in desk just over an hour before our departure was due.

Our bags were weighed, boarding passes printed, then took our boarding passes back, changed something and then was informed by airport staff that the gate had closed and we wouldn’t be travelling. This was 50 minutes before departure where the airline specifies that gates close 30 minutes before departure and check-in closes 40 minutes before departure, suggesting we would still have had enough time to get to the gate. They’d also let passengers later than us go through. 

We’d had issues checking in online a few weeks prior to travelling where customer services advised we should check in at the airport. The other passengers they allowed to travel had pre-checked in which kind of lead me to believe they’d oversold the flight. 

The staff were trying to rebook us onto the following day’s flight, but told me I had to phone a number. Tried numerous times and couldn’t get through, then finally did for an agent to tell me I’d phoned the wrong number, she gave me another one to dial, which was the one I’d spoken to her on. 

We gave up trying. There is more to it than this but trying to keep it as short as possible.

I put in a complaint with the airline to try and at least get re-booked onto a flight or potentially vouchers for another time, but was just getting AI generated responses back not acknowledging a single point I’d raised or piece of evidence, and so at the beginning/middle of April after gathering as much evidence as we could, we raised a chargeback through the credit card. 

We checked the status of it the other day where it was saying the airline has until a certain date in June to respond and dispute, and if they don’t then we’ve won. I’m just on edge with it and waiting because it was a lot of money to lose for an airline that refused to help us in any way. 

Why not just claim on your travel insurance? Most will cover missed departure due to a traffic accident as long as you left with sufficient time. 

Airlines are not in full control as to when gates close etc as they have to work with the airport and air traffic control. It's not uncommon for a flight to close earlier than 30 minutes beforehand, especially if all the checked in passengers have already boarded.