Airline Pre-Booked Seat Refund

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81872363#Comment_81872363

Happy to be corrected but I’m not so sure about that one, let’s say OP booked the seats, got on their flight and the seats weren’t reserved, the agent is going to say “nothing to do with us, you booked that bit with the airline”.

Wilmst3r

The Travel Agent wouldn't be aware that I had purchased another "Product" their requirement was to get the money back to them before I found out.

I think I will draft a letter to the Airlines HO with intent to follow the situation legally as I feel the T&C's are not "Joe Public" friendly and up hold that "You" being me i guess has not at anytime cancelled my "Product" and that the Travel Agent cancelling my flights for refund has spurred and internal process that cancels the "Product". This would mean that as per their T&C's the Airline has cancelled the "Product" and so I am eligible for a full refund, unless the can prove that Third Parties and evidence from myself shows otherwise?

Grumpy_chap

If the Travel Agent was in financial trouble, they probably didn't "get the money back" but quite possibly never paid the money in the first place.

I expect that a Travel Agent would have some payment terms so they can do the booking and get the flight tickets but make one payment at the end of each month. If the due date was missed, they can probably drag this out another month (or more) but then reach a crunch point when the payment either has to be made or some alternative actions. The alternative is probably to cancel the flight booking.

Wilmst3r

The Airline have issued me with evidence that the Travel Agent has been refunded for the flights, and that refund never returned to myself.

QrizB

The Airline have issued me with evidence that the Travel Agent has been refunded for the flights, and that refund never returned to myself.

So the travel agent (your agent) cancelled your seats. The booking fee is therefore forfeit per the airline's t&c.

If your agent acted against your instructions, you can sue the agent for your loss. You can then join all the other unsecured creditors in the queue to get paid.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81872832#Comment_81872832

You might be able to construct an argument around the fact that the seat selection Ts & Cs are stated as being subject to their overall Conditions of Carriage and therefore inherit the definitions, etc, therein, and in particular:

“You”, “your”, “yourself” means any person (whether adult, child or infant) holding a Ticket to be carried
in an aircraft, except members of the crew. See also the definition of “Passenger”.

[…]

“Authorised Agent” means a passenger sales agent we have appointed to represent us in the sale of carriage on our services.

To me this could potentially be cited as support for an assertion that the agent is actually representing the airline rather than the passenger, and therefore they'd need to demonstrate that you had instructed the agent to cancel the flight booking - there is no contractual recognition of the concept of an agent acting for "You".

Grumpy_chap

Was the Travel Agent that the OP booked via an "Authorised Agent"?

Vitor

Seat selection is normally treated as an ancillary service that only exists alongside a valid flight booking. Once the travel agent refunded the ticket, the flight ceased to exist and the airline considers the seat product incapable of being provided, rather than cancelled separately. Passenger rights rules require a refund of the ticket fare, but they do not usually extend to extras like seat fees unless the airline’s own terms allow it. That’s why chargeback failed. ATOL also rarely covers airline extras paid directly. A goodwill request may succeed, but a legal claim is weak.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81871739#Comment_81871739

https://forums.moneysavingexpert.com/discussion/comment/81873141#Comment_81873141

I actually agree that "You" should refer to you personally and not an agent acting on your behalf. However regardless I think you still have a problem with the first part of the T&Cs which state that seat reservations are non refundable. INCLUDING (but not limited to) a list of reasons.

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 volun..

…"

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81873323#Comment_81873323

Yes, good point - since 6.2 states "You shall only be entitled to a refund of the seat selection charge in the following limited cases: [listing follows]" and 6.3 has "You are not entitled to any refund of the seat selection charge in any other event, including if: [examples follow, including voluntary flight cancellation]", then a contention that none of the conditions in 6.2 are satisfied is likely to be compelling, unless going down the route of trying to challenge the legitimacy/fairness of the terms.