S75 claim - flights but wasn't travelling
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osmononame
Posts: 29 Forumite
in Credit cards
Hi all,
I bought my wife and mother-in-law for some flights. They weren't able to make a leg of their flight and so are due a refund of the tax. Between both of them they are due back circa £500 so not a small amount. The estate agent who booked it - Omega Travel - have gone bust. I have written to Barclaycard who have stated that as I was not a traveller on the flight that I did not fall under the creditor-debtor-supplier relationship. The invoice is addressed to me and I paid for and booked the flights although they are correct in that i wasn't travelling on the flights.
Are they, Barclaycard, correct or should I fight this further?
I bought my wife and mother-in-law for some flights. They weren't able to make a leg of their flight and so are due a refund of the tax. Between both of them they are due back circa £500 so not a small amount. The estate agent who booked it - Omega Travel - have gone bust. I have written to Barclaycard who have stated that as I was not a traveller on the flight that I did not fall under the creditor-debtor-supplier relationship. The invoice is addressed to me and I paid for and booked the flights although they are correct in that i wasn't travelling on the flights.
Are they, Barclaycard, correct or should I fight this further?
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Comments
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The 'Estate' agent going bust is not relevant. The ticket is issued by an airline not Omega travel.
No s75 claim is needed. Just contact the airline to request any refund that may be due. The airline may tell you to apply for the refund via the travel agent. If they do, advise them that the travel agent is no longer trading. From what you say there is no reason to imagine that a ticket has not yet been issued. If the airline claim they have not been paid for the ticket by the travel agent, this is not your problem. Once a ticket has been issued (and even before in certain specific situations) a contract exists between you and the airline. There are many precidents on this subject. Failure of a travel agent to make payment for a ticket issued in the airlines name does not discharge the airline of it's responsibilities to the passenger. It is a matter between the airline and the travel agent or it's administrators.
By ticket obviously these days I mean electronic ticket0 -
Looks like Barclaycard has misinterpreted your reason for approaching them. No matter...
If the flights were not taken due to the fault of the airline, S75 would not apply because they were booked through an agent and because the debtor (i.e. you) were not a beneficiary of the transaction. This latter 'disqualification' of S75 rights is something of a moot point but Barclaycard would seem to have that interpretation.
If the flights were not taken because the agent had failed pass on the funds to the airline, there would still be no S75 coverage (again due to you not being a passenger) but Barclaycard could well have a Chargeback right against the agent.
If the flights were not taken (but were still available) due to some change in circumstance by the travellers, that may be something covered by travel insurance (depending on the reasons for the change of circumstance).
If the latter applies but no travel insurance cover is available, then a refund of the applicable taxes should presumably be claimed from the airline in the first instance.0 -
Why did they not make that leg?
That is a very important bit of information.Life in the slow lane0
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