Airline Pre-Booked Seat Refund

Wilmst3r

Hi all,

I have had the misfortune of my travel agent going under and ruining my holiday for April. I booked a package holiday (ATOL) protected and received my flight tickets. I then went online and purchased pre booked seats for all 9 passengers. A short while after we made contact with the travel agent to confirm when our last payment was due, at that point we were advised by a loyal to us agent not to make any further payment as the company was going to cease trading.

With our suspicions raised we contacted the airline only to find the travel agent had our tickets refunded to them without any communication to us. This action also cancelled our pre booked seats. To date ATOL are dealing with the flight and deposits but the airline are refusing to issue a refund to me.

Their T&C's clearly state the pre booked seat are non refundable or transferable, however their T&C's also state

"You are not entitled to any refund of the seat selection charge in any other event, including if:

1. You voluntarily decide not to use the product you have purchased;
2. You voluntarily changed your flight and the Regular seat you purchased on your original flight is not available on the new flight;
3. You are upgraded by Emirates to a higher cabin;
4. You voluntarily change to a seat type of a lower value on your originally booked flight;
5. You voluntarily cancel your flight;
6. You do not meet safety or legal requirements;
7. You are entitled to the purchased product or service as a result of your frequent flier tier, but you failed to add the correct membership number at the time of booking"

I have spoken to them about this and they are saying the travel agents actions are "Voluntary" so i'm not sure where I stand as obviously the contract was with myself and the airline for the seats.

I have also filed for a charge back via the bank and they have just reversed it stating they could not see any breach of T&C's.

I am about to draft a letter to the airlines head office to declare breach of contract but wanted to see if anyone else had any advice?

Kind Regards

sheramber

The airline are saying that the travel agent cancelling the flight was a voluntary cancellation so seats are non refundable.

what terms have the airline breached?

Woodstok2000

It's worth trying, but there doesn't seem like breach of contract. As they said, it's a voluntary cancellation so you're not due any refund per their terms.

Wilmst3r

Hi,

The travel agent that arranged the flights and hotel have cancelled the flights and retained the funds. The pre booked seat contract was entered between myself and the airline, nothing to do with the travel agent. The fact the travel agent has cancelled their arrangements has inadvertently cancelled my pre booked seat contract. My point is I haven't voluntarily cancelled or change my contract for pre booked seats with the airline.

So surely I should be able to request a refund?

Many Thanks

flaneurs_lobster

I suspect any claim would be against the (now defunct) travel agent since their action in cancelling your tickets caused the seat bookings to be void. Have you asked if the ATOL coverage might include this expense?

Any chance that your travel insurance might entertain a claim?

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81869962#Comment_81869962

I think it would be hard to argue that cancelling the flight booking didn't also cancel the pre-booked seats.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81869962#Comment_81869962

But from the airline's perspective, you have voluntarily cancelled, in as much as the flight hasn't been cancelled by the airline - the fact that this was done on your behalf (albeit without your knowledge) by the agent you'd chosen to use doesn't fundamentally change that.

Arunmor

How much are we talking about here per seat?

Wilmst3r

Total £704

saajan_12

How is 'You' defined in the T&Cs - if it doesn't include you and anyone who books on your behalf then yes You haven't voluntarily cancelled. However I suspect the issue will be the seats are non refundable always, not limited to those situations.

I would be looking to the agent / ATOL protection / S75 proctection (did you pay via credit card?) because its losses stemming from the agent cancelling the tickets.

Wilmst3r

"You are not entitled to any refund of the seat selection charge in any other event, including if:

1. You voluntarily cancel your flight;