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  • FIRST POST
    • nigelanderson
    • By nigelanderson 15th Apr 19, 4:07 PM
    • 4Posts
    • 0Thanks
    nigelanderson
    Section 75 Replacement Flights
    • #1
    • 15th Apr 19, 4:07 PM
    Section 75 Replacement Flights 15th Apr 19 at 4:07 PM
    I had booked a return flight between the UK and India on Jet Airways, which now seems to be heading towards insolvency. My outward flight has been cancelled, and they're refusing to reroute me 'at the earliest opportunity' as I am entitled to under EU law.

    Fortunately, I booked using a credit card, so at least my funds are safe as per section 75. However, I do want to travel, and alternative replacement flights are a lot more expensive than the originals. So my question is: does section 75 cover losses incurred in having to make alternative, more expensive travel arrangements as a result of the breach of contract?

    I've searched for this online, and I've seen mixed sentiment from various articles and forums, so I was wondering whether there were any official advice or any case studies on this matter.
Page 1
    • Nick_C
    • By Nick_C 15th Apr 19, 4:15 PM
    • 4,851 Posts
    • 7,378 Thanks
    Nick_C
    • #2
    • 15th Apr 19, 4:15 PM
    • #2
    • 15th Apr 19, 4:15 PM
    I would say yes. The CC issuer is jointly liable with Jet for fulfilling the contract.

    Provided that you booked directly with Jet and not via an Agent.

    Get evidence to show you have done everything possible to find the cheapest fare - screen shots of prices.

    Have you asked the credit card issuer?
    • eco_warrior
    • By eco_warrior 15th Apr 19, 4:41 PM
    • 285 Posts
    • 111 Thanks
    eco_warrior
    • #3
    • 15th Apr 19, 4:41 PM
    • #3
    • 15th Apr 19, 4:41 PM
    I had booked a return flight between the UK and India on Jet Airways, which now seems to be heading towards insolvency. My outward flight has been cancelled, and they're refusing to reroute me 'at the earliest opportunity' as I am entitled to under EU law.

    Fortunately, I booked using a credit card, so at least my funds are safe as per section 75. However, I do want to travel, and alternative replacement flights are a lot more expensive than the originals. So my question is: does section 75 cover losses incurred in having to make alternative, more expensive travel arrangements as a result of the breach of contract?

    I've searched for this online, and I've seen mixed sentiment from various articles and forums, so I was wondering whether there were any official advice or any case studies on this matter.
    Originally posted by nigelanderson

    Yes this situation can be covered by Section 75, assuming that Jet Airways don't provide you with a refund for the cancelled flights, which I doubt they will. The return flight must cost more than £100 per passenger.

    As the post by Nick states, its better when you have paid the merchant directly and not via a 3rd party, as this can sometimes break the Debtor-creditor-supplier chain.

    Who is covered may vary depending on the card provider. You as the cardholder (debtor) would be covered and most likely your immediate family. However if you were travelling with friends then they most likely wouldn't be covered for consequential losses.

    The new flights being more expensive wont be an issue, but they should be like for like. So providing they are still taking you to the same destination then this should be fine.

    Contact your card provider and let them know of the situation.
    • nigelanderson
    • By nigelanderson 15th Apr 19, 7:24 PM
    • 4 Posts
    • 0 Thanks
    nigelanderson
    • #4
    • 15th Apr 19, 7:24 PM
    • #4
    • 15th Apr 19, 7:24 PM
    Thanks for the responses so far!

    I did book the tickets directly from Jet, and the trip only covers immediate family.

    We did probe M&S (the credit card provider) today, and their initial response for covering replacement flights was negative, but we plan to call again tomorrow armed with more facts. It's worthing noting that Jet Airways have offered us a replacement outbound a whole week later (like 2 days before we're supposed to return!), but:
    (a) it is very unlikely they will in practice be able to uphold that promise; and
    (b) it is way for out, not "as soon as possible".

    Of course, just because M&S are saying that they won't cover it doesn't meant that they won't have to as per the law/potential ombudsman investigations – but I think given the price differential we're unlikely to take the risk of flights which may not be covered by the bank.

    At any rate, I'll keep this thread up to date as and when I receive more information.
    • Maughan
    • By Maughan 18th Apr 19, 11:12 AM
    • 1 Posts
    • 0 Thanks
    Maughan
    • #5
    • 18th Apr 19, 11:12 AM
    Jet Airways cancelled flights
    • #5
    • 18th Apr 19, 11:12 AM
    Hi, did you hear back from your credit card company? We were in India & our return flight was cancelled (the night before). Our Travel Agent - Southall Travel wouldnít sort out a flight home for us & at Delhi airport (13th April) Jet Airways said that they couldnít put us on an alternative flight because I quote ďthe other airlines donít trust us.Ē We were told to arrange a flight home ourselves & that we would get a full refund. The cheapest we found was £2400 (for two adults) to fly from India to Bangkok & from there to London - it took two days! We are now safely back home, but no-one wants to refund us the money - the airline/travel agent/travel insurance are all passing the buck onto each other. Iím finding it extremely stressful. The flight home cost more than our whole holiday! We didnít pay for the holiday by credit card (I used Visa Debit), but we did pay for the flight home by our credit card (Barclaycard). Iím trying to contact them re:S75 (which I heard about on here), but wondered how everyone else is getting on regarding cancelled Jet Airways flights? Thanks
    • eskbanker
    • By eskbanker 18th Apr 19, 11:45 AM
    • 10,090 Posts
    • 12,155 Thanks
    eskbanker
    • #6
    • 18th Apr 19, 11:45 AM
    • #6
    • 18th Apr 19, 11:45 AM
    Hi, did you hear back from your credit card company? We were in India & our return flight was cancelled (the night before). Our Travel Agent - Southall Travel wouldn’t sort out a flight home for us & at Delhi airport (13th April) Jet Airways said that they couldn’t put us on an alternative flight because I quote “the other airlines don’t trust us.” We were told to arrange a flight home ourselves & that we would get a full refund. The cheapest we found was £2400 (for two adults) to fly from India to Bangkok & from there to London - it took two days! We are now safely back home, but no-one wants to refund us the money - the airline/travel agent/travel insurance are all passing the buck onto each other. I’m finding it extremely stressful. The flight home cost more than our whole holiday! We didn’t pay for the holiday by credit card (I used Visa Debit), but we did pay for the flight home by our credit card (Barclaycard). I’m trying to contact them re:S75 (which I heard about on here), but wondered how everyone else is getting on regarding cancelled Jet Airways flights? Thanks
    Originally posted by Maughan
    Unfortunately section 75 won't be relevant to your situation, in that the cancelled flights weren't paid for by credit card, so Barclaycard have no liability to you for those.

    As per earlier posts, S75 would also only come into play if you'd paid Jet Airways directly but it sounds like you booked via a travel agent, which would also disqualify a s75 claim if your payment was to the agent....

    Edit: even though debit card payments don't qualify for s75 coverage, there is chargeback, which may be worth trying if you don't succeed with claiming via the other routes you've started, see https://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback/
    Last edited by eskbanker; 18-04-2019 at 11:48 AM.
    • eco_warrior
    • By eco_warrior 18th Apr 19, 12:03 PM
    • 285 Posts
    • 111 Thanks
    eco_warrior
    • #7
    • 18th Apr 19, 12:03 PM
    • #7
    • 18th Apr 19, 12:03 PM
    Banks are processing chargebacks against Jet Airways and travel agents where Jet Airways were the carrier. Shouldn’t be a problem to get the original flights back but as Eskbanker has said that would be all.
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