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I tried to post this on Reddit but it's probably a bit too technical for the audience there so it sank without trace, then remembered that I had an account here from a while ago!
Summary of case: I used the UK call centre number of an EU airline to purchase a ticket for a family member to travel from a Far Eastern country via its main hub to another EU destination. I paid using miles and used my own credit card for airport taxes (the amount was pretty small , so no s.75 protection). The airline subsequently cancelled the connecting flight , creating a 9 hour delay and the need for an overnight stay at an airport hotel. I duly called the UK number where the employee confirmed that the airline would cover the cost of the hotel- told me to go and book it and they would reimburse on submission of a claim form on their website. They duly proceeded to reject the claim. They also subsequently refused to rebook on another airline or even one of their own flights to an alternative destination a couple of hundred miles away. I proceeded to make a MCOL claim, citing both EU261 (and expecting them to contest that due to another person being the passenger and other countries being involved) and a breach of a consumer contract under s.49 of Consumer Rights Act 2015 (losses having been caused because of the huge delay, the refusal to rebook , and the incorrect information provided by the call centre).
The defendant has responded to the claim contesting the jurisdiction as the UK was not part of the journey. I think that they may well be correct re 261 so I am going to refrain from contesting that bit, but I want to argue that the contract is covered by the CRA as my address on their frequent flyer programme (holding the miles that have been used to purchase the ticket- it wasn't some exotic combination of airlines, the same company is the FFP owner, ticket issuer, and operating carrier) is in this country, and I used the UK number for the call centre. Two questions arise from that:
1) Do you think that the court would be likely to agree with my assessment re Consumer Rights Act jurisdiction?
2) What happens now in terms of the process? Is there a way for me to make representations at this stage, or do I have to wait for a preliminary hearing of sorts in order for the point on jurisdiction to be determined?
Many thanks for any help!
Summary of case: I used the UK call centre number of an EU airline to purchase a ticket for a family member to travel from a Far Eastern country via its main hub to another EU destination. I paid using miles and used my own credit card for airport taxes (the amount was pretty small , so no s.75 protection). The airline subsequently cancelled the connecting flight , creating a 9 hour delay and the need for an overnight stay at an airport hotel. I duly called the UK number where the employee confirmed that the airline would cover the cost of the hotel- told me to go and book it and they would reimburse on submission of a claim form on their website. They duly proceeded to reject the claim. They also subsequently refused to rebook on another airline or even one of their own flights to an alternative destination a couple of hundred miles away. I proceeded to make a MCOL claim, citing both EU261 (and expecting them to contest that due to another person being the passenger and other countries being involved) and a breach of a consumer contract under s.49 of Consumer Rights Act 2015 (losses having been caused because of the huge delay, the refusal to rebook , and the incorrect information provided by the call centre).
The defendant has responded to the claim contesting the jurisdiction as the UK was not part of the journey. I think that they may well be correct re 261 so I am going to refrain from contesting that bit, but I want to argue that the contract is covered by the CRA as my address on their frequent flyer programme (holding the miles that have been used to purchase the ticket- it wasn't some exotic combination of airlines, the same company is the FFP owner, ticket issuer, and operating carrier) is in this country, and I used the UK number for the call centre. Two questions arise from that:
1) Do you think that the court would be likely to agree with my assessment re Consumer Rights Act jurisdiction?
2) What happens now in terms of the process? Is there a way for me to make representations at this stage, or do I have to wait for a preliminary hearing of sorts in order for the point on jurisdiction to be determined?
Many thanks for any help!
