Airline Tickets Third Party Supplier

[Civvy]

Good morning,

A family member booked flights with Emirates in late 2019. Unfortunately she made a major mistake in using a third party booking agent (Budget Air). The total value was approx £1,300. The payment was made to Budget Air using a credit card.

Needless to say the flights were cancelled due to the travel restrictions and Emirates advised that customers should apply to their booking agents for refunds or vouchers.

Refunds were requested from Budget Air. Sadly they have not been helpful at all. They have made excuse after excuse and refused to refund the money. Although Emirates will not deal directly with my family member they have advised that Budget Air have access to the booking and hold the payment and will be able to refund the money. We accept that Budget Air will charge a £55 cancellation fee per ticket.

My main questions are:

Am I right in thing that section 75 will not apply in this case as the booking was made through a third party? Or should we proceed with a chargback claim with the bank rather than section 75

Our other option is to use the small claims process. In which case I understand we will need to send a notice of action letter first. Is that correct? If so do we include the bank in this process? Or just Budget Air?

Grateful for any advice.

[MIKE770]

REFUNDS BUDGET AIR SITE:-


In the event of flight cancellation we always prefer a refund for our customers. As a travel agent, our role in the event of a canceled flight is to firstly request the money back from the airline for our customers. Customers can rest assured that we are committed to a prompt refund. Unfortunately, due to the impact of COVID-19, many airlines refund the canceled flight ticket with a delay. We hope for your patience in this situation.

Q: Why can it take a long time to get my refund?
There are two reasons for this; first, many airlines closed the automated repayment process shortly after the outbreak of the corona crisis. The repayment process many airlines are currently using now requires a lot of manual work. Secondly, it takes several weeks for the money to reach our account once the refund is processed by the airline, due to the complex payment and settlement system that is used within the travel world.

When we receive the refund from the airline, we do everything we can to get it to the customer as soon as possible. That is our priority. But the many refunds from the airlines involve a lot of work. These are large numbers that all have to be processed manually in our systems. We have employed extra staff to process the payments as quickly as possible.

seems to me they are not following their own statements if Emereites state the company have to issue refunds or vouchers? try section 75

[MIKE770]

Section 75 says that if you've used a credit card to make a purchase that then turns out to be faulty or not as described, you have the right to a refund even if you're turned down by the retailer or service provider, as UK law

[Civvy]

An update.

The bank has rejected the S75 claim due to the broken "debtor, creditor, supplier" link.

I asked the bank to reconsider their decision on the basis that Budget Air have breached the terms of their contract with the claimant. Insofar that Budget Air should have claimed the moneyback from Emirates, if indeed they ever passed it on. The bank stated they would not reconsider their decision.

Next stop will be the FOS.

Can anybody advise if they think the breach of contract argument has any merit?

Also, we are still considering using the small claims process. Is it advisable to wait until the FOS have reached their decision? Also, do we included the credit card supplier in this process ie do we put a claim in against Budget Air and the bank jointly?

Grateful for any advise.

[GaelSchultz]

Have you ever been afraid to buy cheap plane tickets? What if the plane is less reliable?

[MIKE770]

Spammer with nonsense

[GaelSchultz]

Spammer with nonsense

Hi MIKE 770, sorry for expressing my opinion. I understand that my question may not have been perfectly constructed, but this does not mean that you have the right to insult me. I hate flying planes just because they are unreliable. Planes crash every day. One cheap ticket can cost your life, and you don't care?

[MIKE770]

Everyday? come on reality shows any aircraft in most countries have to be certified and in good keep etc regulations stop any company with bad reputation on servicing etc and are denied air space, I fly a lot cheaper airlines only because main line ones are over priced, and that is aircraft of many countries. nobody is insulting you but this sight is to assist those who have needs in respect financial problems and associated subjects. Not personal preferences.

maybe if you have this problem you contact the Civil Aviation Authority and alay them of your fears?

[KaylinJacobs]

CIVVY, it's been a long time since your last reply, I'd like to know how it all ended. I'm afraid of getting into the same situation, so I'd really like to know how to act right if this happens. Btw, Mike, thanks for your explanation.

[KalebCame]

CIVVY, it's been a long time since your last reply, I'd like to know how it all ended. I'm afraid of getting into the same situation, so I'd really like to know how to act right if this happens. Btw, Mike, thanks for your explanation.

It makes sense to me. I hope I won't get into such trouble if I fly business class next time (I can't wait for that!) Anyway, guys, shit happens, so we should always be ready to solve some problems. Thanks for your help. CIVVY, I'm waiting for your reply, mate!