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

Jlawson118

eskbanker said:

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?

Their claim was that we arrived to the baggage drop too late and that the gate had closed so there was no point going through essentially. 

But this is why we're disputing it. They claim on their website and in the airport that bag drop closes 40 minutes before departure and the gate closes 30 minutes before departure. We arrived 1 hour 10 minutes before departure. The lady at check-in made a phone call 50 minutes before departure and said the gate had closed

Jlawson118

DullGreyGuy said:

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. 

I wasn't sure if I would be able to claim through our insurance as we did turn up on time, and lets face it, insurance companies find any excuse not to pay out, though the dispute is still ongoing so if it fails, it might be our next step.

Frustratingly there was another couple who arrived after us who they allowed to go through, so they hadn't closed the gate early 

Jlawson118

Jumblebumble said:

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. 

Perhaps the airline knew that the security queues were too long for you to be able to get to the gate before it closed
I would start with a SAR including the CCTV of the check in desk and put in a claim for IDB

I had actually asked the staff at baggage drop what security was like when we got there, as we were relieved after being delayed that we'd made it it was just one of those questions, to which they said it was quick today.

I have requested CCTV and also clock-in times our car hit the ANPR in the car park just to try and support us with this. Just awaiting correspondence

Jlawson118

la531983 said:

Jumblebumble said:

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. 

Perhaps the airline knew that the security queues were too long for you to be able to get to the gate before it closed
I would start with a SAR including the CCTV of the check in desk and put in a claim for IDB

Or they could just tell us the missing bits of the story that would no doubt draw more clarity to proceedings.

Please tell me what's missing and what you'd like to know?

born_again

Jlawson118 said:

Jumblebumble said:

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. 

Perhaps the airline knew that the security queues were too long for you to be able to get to the gate before it closed
I would start with a SAR including the CCTV of the check in desk and put in a claim for IDB

I had actually asked the staff at baggage drop what security was like when we got there, as we were relieved after being delayed that we'd made it it was just one of those questions, to which they said it was quick today.

I have requested CCTV and also clock-in times our car hit the ANPR in the car park just to try and support us with this. Just awaiting correspondence

Doubt that you would get CCTV, usually 30 days before being either overwritten or wiped. Might get times, but do you not keep ticket?

Aylesbury_Duck

Jlawson118 said:

DullGreyGuy said:

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. 

I wasn't sure if I would be able to claim through our insurance as we did turn up on time, and lets face it, insurance companies find any excuse not to pay out, though the dispute is still ongoing so if it fails, it might be our next step.

Frustratingly there was another couple who arrived after us who they allowed to go through, so they hadn't closed the gate early 

Your insurance might reasonably ask why it's taken four months to inform them of the problem.  Check the policy terms, there may be a requirement to notify them sooner.

DullGreyGuy

Aylesbury_Duck said:

Jlawson118 said:

DullGreyGuy said:

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. 

I wasn't sure if I would be able to claim through our insurance as we did turn up on time, and lets face it, insurance companies find any excuse not to pay out, though the dispute is still ongoing so if it fails, it might be our next step.

Frustratingly there was another couple who arrived after us who they allowed to go through, so they hadn't closed the gate early 

Your insurance might reasonably ask why it's taken four months to inform them of the problem.  Check the policy terms, there may be a requirement to notify them sooner.

It's only if the delay has prejudiced their ability to investigate the claim or has increased the losses that an insurer will have issues with late reporting. 

Grumpy_chap

Jlawson118 said:

there isn't enough evidence from either parties to raise a chargeback through Mastercard, but asked if we'd like to go down the S75 route to which we still are.

That is rather odd.

Usually the CC will process a chargeback on the basis of very little.  It is essentially reversing the payment and puts no onus on the CC.  The retailer (airline in this case) can then challenge the chargeback within a certain timeframe and have the refund back to you reversed back to them.

The S75 route is usually far more robust as it is holding the CC equally and severally liable for the costs arising from the breach of contract / breach of consumer rights.  The level of evidence required is much higher and the CC will undertake a through investigation before reaching a decision.

I remain unsure that a breach of contract / breach of consumer rights has arisen.