Section 75 help

winchman
winchman Posts: 22 Forumite
in Credit cards
Section 75 issue
Bought a cruise holiday Via travel agent.
Full Terms and conditions only sent on booking for once full amount paid.
Ship was dirty flooded with sewage etc.
Tried section 75 claim with credit card they say the link is broken?
I argued only got full T&C after payment, agent and card have made a profit from this so must carry some liability?
Martins comment on another page could any one give me more info?

"Goods/services bought through intermediaries – travel agent, group-buying sites, PayPal etc
You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task."

Thanks
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    His comment is fairly accurate on this occasion.

    But worth escalating a formal complaint.
  • winchman
    winchman Posts: 22 Forumite
    Deleted_User wrote: »
    His comment is fairly accurate on this occasion.

    But worth escalating a formal complaint.
    Thanks Done that Halifax have said now but I have yet again been through the docs and pointed out we only got full T&C once paid.
    I was hoping I could find more info around the court judgement in 2006
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    The t&ss aren't relevant, as that doesn't cover section 75.

    Your only hope is FOS and see if they're feeling generous.
  • Chino
    Chino Posts: 2,029 Forumite
    First Anniversary Name Dropper First Post
    winchman wrote: »
    I argued only got full T&C after payment, agent and card have made a profit from this so must carry some liability?
    What was the travel agent's response when you asked them for a refund / compensatory payment?
  • winchman
    winchman Posts: 22 Forumite
    Chino wrote: »
    What was the travel agent's response when you asked them for a refund / compensatory payment?

    Passed me to P&O who offered me £200, holiday was just under £4000, ship stank of sewage in several areas, I have a written admission from P&O that they have issues with the toilet system, one cabin had the toilets back filling with sewage, toilet was clean and empty when you left when you returned bowl was full of very smelly sewage! Sewage was also leaking out of the cabin wall in to the bathroom.
    In view of the issues I felt it was way two low, we paid a premium for cabins together one cabin had to be moved after spending a few hours at reception and involving the ships doctor, the new cabin had stained carpet and dirty bedding they did change the bedding.
    General ship was grubby food very poor in Buffet but good in restaurant general hygiene on board was shocking.
    Some of the advertised attractions didn't work and hadn't for months
    I have been on 13 cruises with no issues and this was the dirtiest ship I have sailed on.
  • eskbanker
    eskbanker Posts: 30,938 Forumite
    First Anniversary Name Dropper Photogenic First Post
    winchman wrote: »
    I was hoping I could find more info around the court judgement in 2006
    I believe that https://publications.parliament.uk/pa/ld200607/ldjudgmt/jd071031/lloyds-1.htm is the case referred to.

    https://brodies.com/binformed/legal-updates/latest-section-75-decision includes some analysis in slightly less opaque language....
  • winchman
    winchman Posts: 22 Forumite
    eskbanker wrote: »
    I believe that https://publications.parliament.uk/pa/ld200607/ldjudgmt/jd071031/lloyds-1.htm is the case referred to.

    https://brodies.com/binformed/legal-updates/latest-section-75-decision includes some analysis in slightly less opaque language....

    Thanks that's much appreciated
  • Terry_Towelling
    Terry_Towelling Posts: 2,279 Forumite
    First Anniversary Name Dropper First Post
    Aren't those case references more connected with the argument that S75 shouldn't apply to overseas transactions, as opposed to transactions via an agent - or did I miss something?
  • winchman
    winchman Posts: 22 Forumite
    Don't know need to read it later
    Just looking for some way of making the credit card take interest
  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    If you stayed on the cruise for it's duration you are not entitled to a refund anyway so you can forget about that.


    What you really need to do is sue for "Loss on enjoyment". That's the law that would, if you can prove it, effected you badly, help you here.


    Complaints from other passengers etc would help your case so anything you can dig up regarding this would be helpful to you.


    A refund would be possible if you complained, they didn't fix the problem and you asked to leave the cruise, but by staying you accepted the situation with some loss of enjoyment.
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