Cool-off for booking error online

Hi

I booked 3 flights with BA for my family through a discounted scheme run by Vitality. The discount was 20% on the full price and was pretty pleased with the saving. However, as soon as I received the confirmation email for the booking, I realised there was an error on the dates, and I had booked them for February instead of March (which I had intended to do). I immediately contacted Vitality and was put through to their booking partner (flyvitality). They told me that the flights were non-refundable and that despite a cool-off period available if I had booked with BA direct (24 hour cooloff whereby a full / no quibble refund is available), I was not entitled to this and would only get my taxes refunded. This amounts to less than 25% of the price of the fare.

In the terms and conditions of the booking it clearly states that "British Airways fare rules apply". I cannot locate any document called "British Airways fare rues" so I called BA and spoke to one of their representatives about my booking they said the following:

BA - "we don't send out fare rules"
Me - "how can I see them then?"
BA "when we do changes we do have fare rules"
Me: Can you tell me them?
BA - "These are the fare rules... tickets are non-refundable within 24 hours you get full refund so you have to speak to Vitality"
ME - "Can you send me that?
BA - "No, only BA can see your fare rules when we view your booking."

I complained and Vitality rejected my complaint. Does anyone think I can do anything further or should I just accept this (the most expensive mistake possible) :mad:

Any help is greatly appreciated.
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Comments

  • Can you not go in February instead>?
  • Can you not go in February instead?
    Hi, thanks for your reply. Unfortunately not as we are going for a family event and the February dates dont work at all... wish it was that simple!!
  • Alan_Bowen
    Alan_Bowen Posts: 4,850 Forumite
    Name Dropper First Anniversary First Post
    Most old style airlines have no cooling off period at all and the law specifically excludes travel from the Distance Selling Regulations that do allow a period of reflection. You are therefore subject to the Vitality rules which you have discovered offer no change of mind time, BA does allow 24 hours if you book directly on their own website but I suppose Vitality's argument is that you have to accept more stringent rules in return for a supposed 20% discount. Ask for the taxes back, that is all you are going to get I am afraid
  • Voyager2002
    Voyager2002 Posts: 15,279 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    I think that you need to read your full T and Cs with Vitality to be sure that the wording you quoted about BA fare rules applies.


    You also need to establish whether or not BA fare rules help you, since the BA practice of allowing you to correct errors within 24 hours might be a company policy rather than part of the fare rules.


    If you are confident that your contract with Vitality would help, begin court proceedings. Check whether the sum involved is low enough to allow you to use the small claims track.
  • I think that you need to read your full T and Cs with Vitality to be sure that the wording you quoted about BA fare rules applies.

    Thanks for your reply... may have to consider small claims I guess....

    The following are the Flyvitality terms (look at 12 and 27 - relevant). I know this is not a legal forum but 12 specifically states that the fare rules do apply to my booking I think? As such I think they do help may case. When I spoke with the CA representative she said she was reading the fare rules applicable to my booking, but could not email them to me for some reason, then she referred me back to Vitality who wont entertain this.

    FlyVitality
    Terms and conditions
    • 1. To be eligible for this offer, you must be insured under a valid VitalityHealth or VitalityLife plan, or be a beneficiary under a medical health scheme administered by VitalityHealth.
    • 2. A maximum of one (1) discounted booking through FlyVitality per member per plan year applies for Bronze and Silver Vitality members. Two (2) discounted bookings through Fly Vitality per member per plan year applies for members on Gold or Platinum Vitality status. This booking limit is in addition to the maximum of two (2) discounted bookings each plan year between Mr & Mrs Smith. The limit of discounted bookings per plan year applies to the time of booking not the flight dates.
    • 3. Discount applies to return economy flights to selected domestic and short haul destinations as advertised on the Fly Vitality website. Flights are restricted to British Airways flights and any Iberia flights covered by the code share arrangement. Eligible destinations may be subject to change. Discount applies to both direct and indirect flights.
    • 4. Discount applies to the base fare, taxes and charges and fuel levies. Amendment fees, additional baggage or any optional extras are not discounted.
    • 5. Discounts can be changed with 30 days notice which will not affect booked flights only new bookings.
    • 6. Flights booked though FlyVitality are not ATOL protected, as any flights booked through Vitality do not represent a package holiday, tickets are issued immediately and the issuing of British Airways tickets by Vitality or its agent(s) is exempt from ATOL protection requirements under section 13 of the Civil Aviation Authority regulations.
    • 7. To be eligible for the discount, you must book your flight through the Fly Vitality website accessed through the Member Zone or Vitality travel representative.
    • 8. Bookings must be made by a Vitality member that is travelling on the flight.
    • 9. The discount applies to flights departing from and returning to destinations within the UK.
    • 10. The level of discount applied will depend on the booking member's Vitality status as at the date of booking. Accompanying passengers will not receive any discount.
    • 11. Any plan member without a remaining flight allowance will be treated as an accompanying passenger and will not be eligible for a discount.
    • 12. British Airways fare rules will apply.
    • 13. For individual plans, at least one adult member of the plan must have completed a Health Review for the plan to be eligible for the British Airways Flight Benefit.
    • 14. For group plans, the principal member on the plan must have completed a Health Review for the plan to be eligible for the British Airways flight benefit.
    • 15. If the plan has an end date at the time of booking, the outbound travel date must be before the plan's end date. The portal will not allow a booking if the outbound flight date is after the plan expiry date.
    • 16. No amendments can be made to flights once a policy has been cancelled or has expired.
    • 17. Members cannot use the flight allowance of other members on their plan. The flight booking must always include an eligible member (adult or child) with available flight usage from the Vitality plan to which the discount applies.
    • 18. Standard, semi-flex and fully-flex economy fares are eligible for the discount.
    • 19. The return flight must not be on the same day as the outbound flight to be eligible for the discount.
    • 20. If the flight has a departure day of Sunday – Thursday then there must be at least a 2 night stay for the flight to be eligible for the discount.
    • 21. If the flight has a departure day of Friday or Saturday then there must be at least an overnight stay for the flight to be eligible for the discount.
    • 22. Multicity flights are not bookable or eligible for the discount.
    • 23. One way flights are not bookable or eligible for the discount.
    • 24. No discounts will be allowed on existing bookings.
    • 25. Same day flights are not available. At least 6 hour advanced booking is required.
    • 26. Avios or Frequent Flyer points cannot be used as payment.
    • 27. All flight modifications will be made directly with the fly vitality travel agent. All cancellations will result in a £40 admin fee per booking. The fee will be payable irrespective of the British Airways fare type and British Airways fare rules. Name changes will be allowed via British Airways up to a maximum of 3 characters, after which a £40 fee will be charged. Any additional costs incurred will not be discounted.
    • 28. Members will need to use British Airways manage my booking functionality to reserve seats, add special requirements and add frequent flyer numbers
    • 29. Only e-tickets will be issued.
    • 30. Credit card payments will incur a 1.825% transaction fee. American Express is not accepted.
    • 31. The Fly Vitality website's travel portal will only support up to 9 passengers on a flight booking.
    • 32. We are not responsible for any actions, representations, omissions or default of British Airways.
    • 33. British Airways terms and conditions apply
    • 34. Vitality reserves the right to amend or withdraw this discount at any time.
    • 35. Fares are quoted in GB Pounds (GBP, £).
    • 36. Fares are not guaranteed until you receive a booking reference.
    • 37. Any fees for optional services that have not already been purchased such as seat reservations for booking may change between now and when you travel. The exceptions to this are fees for hand baggage and the first and second checked bags.
    • 38. Credit card transaction fees or admin fees will not be refunded to you if you cancel your ticket.
    • 39. Checked baggage allowances are as per the standard British Airways allowance
  • BA fare rules will not be of any help here and will not include the option to cancel within 24 hours.

    The option to cancel within 24 hours and get a refund is a BA offer, American airlines also offer this, again it will not be part of the fare rules.

    The agency who booked this, whoever they are as its not Vitality could have voided the ticket on the same day but many keep this quite....

    There are a few errors in those T@C,s from Vitality 27 30 38.
  • daveruk
    daveruk Posts: 13 Forumite
    First Anniversary
    Thank Heliflygiuy
    BA fare rules will not be of any help here and will not include the option to cancel within 24 hours.
    Are you sure as the BA rep whom I was speaking indicated she was reading me the rules applicable to my booking?
    The agency who booked this, whoever they are as its not Vitality could have voided the ticket on the same day but many keep this quite....
    I was desperately trying to get them to do this on that day as BA had indicated they could, I even gave them the number to call (as supplied by the BA rep.they point-blank ignored this.
    There are a few errors in those T@C,s from Vitality 27 30 38.
    I think this strengthens my argument as the terms are there and you have to accept them to move forward with this promotion. If Vitality want to be involved in flight promotions then surely they should have conditions which are clear and stand-up to any scrutiny?
  • Westin
    Westin Posts: 5,938 Forumite
    First Anniversary Name Dropper Photogenic First Post
    The "BA flight rules" will be dependant on your ticket type and will likely be on your BA travel documentation if you look over them carefully.

    With the cheaper ticket they are probably something like -

    Changes to your ticket
    Time/date changes permitted at any time before each flight departure for a change fee of £150 or an upgrade fee of £150 plus any difference in fare. All sectors may be repriced. Changes subject to availability. Fees apply per ticket
    (but you may have a cheap consolidator type fare which does not permit any changes, regardless if a fee paid or not. That's the downside of the cheaper tickets.)

    Refunds
    There are no refunds except for any government & airport taxes.

    The agency rules would apply anyway.
  • photome
    photome Posts: 16,361 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
    I think you are fighting a losing battle
  • daveruk
    daveruk Posts: 13 Forumite
    First Anniversary
    I think you are fighting a losing battle

    sounds like I am... well I will give it some thought. Very disappointed to learn this. Hope you guys never make the same mistake as it looks like we are totally unprotected from this. I am not even totally sure it was my mistake (it probably was) but I was seriously looking at booking in March as I knew the dates clearly of the family event, the when the confirmation email said February I was mortified, but was sure that I would be protected as I called them immediately... very sad.
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