s.75 and chargeback claims for cancelled Thomas Cook flights
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Juless50
Posts: 4 Newbie
My husband and I have two separate issues as a result of the collapse of Thomas Cook:
1. We were due to fly with TC on 23 September (the day TC collapsed). We'd booked the flights directly on the TC website, and paid for them with a John Lewis Partnership Card (credit card). Luckily, anticipating that no good news was coming from TC's rescue talks on 29th, we managed to find replacement flights with another airline, so we didn't lose our holiday.
The flights cost £98.99 each - so they frustratingly just fall short of the £100 minimum needed for a s.75 claim. But as I understand it, we ought to be able to ask our credit card provder to make a chargeback. This hasn't got off to a good start. My husband phoned JL today and was told that it was too late to ask for a chargeback, since it's more than 120 days since the transaction. From what I've read here and elsehwere, this is wrong, and in the case of failure to provide a service (like a flight), the 120 days runs from the date you knew there was a problem. This makes sense, as many people book flights many months before they're due to fly. The relevant date here should be 23 September, when TC ceased trading. Has anyone else had this response from John Lewis (or any other credit card provider)?
2. With appalling timing, we'd also booked TC flights on for a holiday next year on 19 September - just a few days before TC stopped trading, and the day before its problems hit the headlines.
This time, we paid a total of £460 for the two of us. So the spending threshold for a s.75 claim isn't a problem here. The only thing I'm slighty worried about, though, is that we booked the flights on the Condor website, as there was a technical glitch that morning with the TC booking website (nothing to do with its imminent collapse, as far as I know). Condor is (was) a subsidiary of TC. Aside from the name, its flight booking website looked identical to the TC one. But I'm slightly nervous that John Lewis is going to argue that there's no direct debtor-creditor-supplier relationship. It would be incredibly frustrating if so. I guess we could still ask for a chargeback in this siutation.
I've seen another thread on here from someone who'd booked TC flights using the Condor website, but as yet, I can't see anything that answers my question. Would the fact that we booked using the Condor website scupper our chances of making a s.75 claim?
Many thanks
1. We were due to fly with TC on 23 September (the day TC collapsed). We'd booked the flights directly on the TC website, and paid for them with a John Lewis Partnership Card (credit card). Luckily, anticipating that no good news was coming from TC's rescue talks on 29th, we managed to find replacement flights with another airline, so we didn't lose our holiday.
The flights cost £98.99 each - so they frustratingly just fall short of the £100 minimum needed for a s.75 claim. But as I understand it, we ought to be able to ask our credit card provder to make a chargeback. This hasn't got off to a good start. My husband phoned JL today and was told that it was too late to ask for a chargeback, since it's more than 120 days since the transaction. From what I've read here and elsehwere, this is wrong, and in the case of failure to provide a service (like a flight), the 120 days runs from the date you knew there was a problem. This makes sense, as many people book flights many months before they're due to fly. The relevant date here should be 23 September, when TC ceased trading. Has anyone else had this response from John Lewis (or any other credit card provider)?
2. With appalling timing, we'd also booked TC flights on for a holiday next year on 19 September - just a few days before TC stopped trading, and the day before its problems hit the headlines.
This time, we paid a total of £460 for the two of us. So the spending threshold for a s.75 claim isn't a problem here. The only thing I'm slighty worried about, though, is that we booked the flights on the Condor website, as there was a technical glitch that morning with the TC booking website (nothing to do with its imminent collapse, as far as I know). Condor is (was) a subsidiary of TC. Aside from the name, its flight booking website looked identical to the TC one. But I'm slightly nervous that John Lewis is going to argue that there's no direct debtor-creditor-supplier relationship. It would be incredibly frustrating if so. I guess we could still ask for a chargeback in this siutation.
I've seen another thread on here from someone who'd booked TC flights using the Condor website, but as yet, I can't see anything that answers my question. Would the fact that we booked using the Condor website scupper our chances of making a s.75 claim?
Many thanks
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Comments
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Er - I mean the talks on 22nd, not 29th!0
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The 120-day limit applies to debit not credit cards and has always been interpreted as being from the date of the transaction but you used a credit card and I assume the £98 was per person so the total was over £100 in any event.
The Condor issue may be more of a problem as you have made no payment to the failed company. I think in this case you need to contact Condor and ask for the money, and good luck0 -
Condor got baled out by the German government AFAIK so should be still trading.0
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Alan_Bowen wrote: »The 120-day limit applies to debit not credit cards and has always been interpreted as being from the date of the transaction but you used a credit card and I assume the £98 was per person so the total was over £100 in any event.
A bit out there....
120 days is the chargeback limit on both debit & credit cards.
But where it is a future dated event. The 120 days start from the date of the event. Subject to a maximum of 540 days from the actual debit date.
Also S75 is per item price, NOT total price.. So 2 £98 tickets as the OP said does not qualify. But there is a chargeback right to claim the debit back.
OP need to go back to JL & educate them. Maybe the front line team are not fully up to speed on disputes. OP best ask for the disputes team.
But as Condor are still trading. Better to check that the flights are available & safe.Life in the slow lane0 -
born_again wrote: »A bit out there....
120 days is the chargeback limit on both debit & credit cards.
But where it is a future dated event. The 120 days start from the date of the event. Subject to a maximum of 540 days from the actual debit date.
Also S75 is per item price, NOT total price.. So 2 £98 tickets as the OP said does not qualify. But there is a chargeback right to claim the debit back.
OP need to go back to JL & educate them. Maybe the front line team are not fully up to speed on disputes. OP best ask for the disputes team.
But as Condor are still trading. Better to check that the flights are available & safe.
Even though they booked on the Condor web site the flight will/would have been Thomas Cook surely.ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!0 -
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Even though they booked on the Condor web site the flight will/would have been Thomas Cook surely.
That is why the OP needs to check. Who knows how these two separate entities of the TC group interact with flight bookings.
Condor did say that they would not take any TC customers just after the collapse, but who knows what they will do going forward.
If the Op can get proof that they will not be getting their flight from Condor, then they can go to the card provider/bank for a chargeback.Life in the slow lane0 -
I read somewhere Condor had sourced alternative flights.0
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You paid Condor for the flights, and Condor haven't gone out of business so a S75 claim would be tenuous as there is no direct link. Doesn't your travel insurance cover safi or end supplier insolvency?0
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Thanks for your replies, everyone. Partnership Card have been helpful, in principle at least.
As I said in my original post, the flights were Thomas Cook flights, so there's no question of them going ahead, and we've now got written confirmation from Condor that that's the case. We've submitted our claim forms and supporting evidence to Partnership Card, who've confirmed that they have everything they need.
When we spoke on the phone just over a fortnight ago, they told us the money would be credited back to our account within 5-7 working days. 12 working days on, we're still waiting, but we're hoping that it's just a short delay due to the volume of claims and nothing more sinister.0
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