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  • FIRST POST
    • Judes1727
    • By Judes1727 13th Oct 18, 3:04 PM
    • 20Posts
    • 2Thanks
    Judes1727
    Section 75 claim for consequential losses
    • #1
    • 13th Oct 18, 3:04 PM
    Section 75 claim for consequential losses 13th Oct 18 at 3:04 PM
    Hi.

    Looking for some advice. Myself and 2 friends were due to fly to Amsterdam last month but KLM cancelled our flight the day before due to predicted high winds in Amsterdam. We have received a full refund for the flights from KLM.

    Our hotel was non-refundable and even after pleading with them they wouldn’t even change the date. We had also paid for travel cards which were non-refundable.

    The flights were paid for by Halifax Debit Card. The hotel and travel cards were paid for by ASDA Credit Card. I thought I would try for a Section 75 claim for the hotel etc on the ASDA CC but they’ve rejected it. Response was:-

    “We regret that as you paid for the KLM flights with another Visa Debit Card, we are not liable under Section 75 and so we are unable to refund the amounts you were claiming as consequential losses.

    Had you paid for the flights with a credit card then your credit card provider may have been liable for consequential losses under Section 75.”

    Can I pursue a Chargeback claim with Halifax for the consequential losses even though they weren’t paid for with their debit card? Or am I best just to claim through travel insurance?

    Also re travel insurance, one friend didn’t have any. Will the 2 of us that did have insurance just be able to claim for our own portion of the losses?

    Appreciate any advice.

    Judy
Page 1
    • CM66
    • By CM66 13th Oct 18, 3:19 PM
    • 554 Posts
    • 3,125 Thanks
    CM66
    • #2
    • 13th Oct 18, 3:19 PM
    • #2
    • 13th Oct 18, 3:19 PM
    Nope sorry - that's what travel insurance is for.
    • chattychappy
    • By chattychappy 13th Oct 18, 4:21 PM
    • 6,925 Posts
    • 3,770 Thanks
    chattychappy
    • #3
    • 13th Oct 18, 4:21 PM
    • #3
    • 13th Oct 18, 4:21 PM
    I would have thought that you'd be entitled to nothing in any case since the cancellation was due to bad weather.

    Only insurance would help.
    • bris
    • By bris 13th Oct 18, 4:58 PM
    • 7,953 Posts
    • 6,945 Thanks
    bris
    • #4
    • 13th Oct 18, 4:58 PM
    • #4
    • 13th Oct 18, 4:58 PM
    S75 wouldn't have worked under any circumstances.


    Even if the flights were booked by a CC the flights were cancelled for reasons beyond their control which takes away any liability you thought you may have had.


    As above, this is what travel insurance is for, S75 isn't a money back guarantee.
    • Dragonfly1
    • By Dragonfly1 13th Oct 18, 5:34 PM
    • 78 Posts
    • 30 Thanks
    Dragonfly1
    • #5
    • 13th Oct 18, 5:34 PM
    • #5
    • 13th Oct 18, 5:34 PM
    Hi.

    Looking for some advice. Myself and 2 friends were due to fly to Amsterdam last month but KLM cancelled our flight the day before due to predicted high winds in Amsterdam. We have received a full refund for the flights from KLM.

    Our hotel was non-refundable and even after pleading with them they wouldn’t even change the date. We had also paid for travel cards which were non-refundable.

    The flights were paid for by Halifax Debit Card. The hotel and travel cards were paid for by ASDA Credit Card. I thought I would try for a Section 75 claim for the hotel etc on the ASDA CC but they’ve rejected it. Response was:-

    “We regret that as you paid for the KLM flights with another Visa Debit Card, we are not liable under Section 75 and so we are unable to refund the amounts you were claiming as consequential losses.

    Had you paid for the flights with a credit card then your credit card provider may have been liable for consequential losses under Section 75.”

    Can I pursue a Chargeback claim with Halifax for the consequential losses even though they weren’t paid for with their debit card? Or am I best just to claim through travel insurance?

    Also re travel insurance, one friend didn’t have any. Will the 2 of us that did have insurance just be able to claim for our own portion of the losses?

    Appreciate any advice.

    Judy
    Originally posted by Judes1727
    How many hotel rooms had you booked?
    You imply that you do have travel insurance. Who paid the hotel? If you paid for 1 room, and you have travel insurance, I would expect the travel insurance to pay you out fully for the hotel room.

    As others have said, S75 is not appropriate anyway.
    • Terry Towelling
    • By Terry Towelling 13th Oct 18, 8:08 PM
    • 642 Posts
    • 540 Thanks
    Terry Towelling
    • #6
    • 13th Oct 18, 8:08 PM
    • #6
    • 13th Oct 18, 8:08 PM
    Just to clarify, S75 is a mechanism whereby (subject to certain conditions) you can hold a credit provider jointly liable with a service provider if a breach of contract or misrepresentation by a service provider has caused you to suffer a loss.

    Aside from the fact that the cancelled flights were paid by a debit card, there appears to have been no breach of contract here by anyone.
    • 18cc
    • By 18cc 13th Oct 18, 10:02 PM
    • 794 Posts
    • 527 Thanks
    18cc
    • #7
    • 13th Oct 18, 10:02 PM
    • #7
    • 13th Oct 18, 10:02 PM
    Should you wish to travel again it might be worth just noting that you could consider buying the whole deal as a package holiday from a travel agent you would then be completely covered for everything
    • jimbo26
    • By jimbo26 14th Oct 18, 4:05 PM
    • 505 Posts
    • 308 Thanks
    jimbo26
    • #8
    • 14th Oct 18, 4:05 PM
    • #8
    • 14th Oct 18, 4:05 PM
    Put it down to bad luck, and learn lessons for the future.
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