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I am taking the agent that I booked a return flight for my wife to go to home country to the small claims court due to the cancellation on the return portion to London when all flights were cancelled due to Covid.
After a long time the agent got a refund of £203 against the total cost of £886. A charge back and Section 75 claim has been rejected by the agent as they say it is not their liability. As best I can I calculate the the return portion was worth £429.
The agent claim that for refund purposes when refunding an unused return portion that the outbound leg is treated as a single ticket. A single being greated than half of a return. In the run up to the cancellation there were many rumours that all flights were to be cancelled. Neither the airline nor the agent contacted my wife or myself to make arrangements to repatriate my wife. I did make three phone calls myself to the agent. Initially they said a rebooking fee was £170. This was before the flight was actually cancelled so I declined to pay such a high re-booking fee. When the flight was actually cancelled the agent offered two alternatives. To re-book at a later date, however it was not known when flights would re-commence. Also the air line was in a very flakey financial situation and later filed for bankrupcy protection. They also offered a voucher but didn't specify the value of the voucher. I stated from the outset I would take cash refund.
The agent's defence against my claim are that firstly the agent is not liable. Secondly thay are saying that by virtue of not accepting a re-booking that I cancelled my wife's booking and therefore not entitled to refund.
Since the airline cancelled not only my wife's flight but all other flights for a period of months, I fail to see why they are not liable for a more reasonable refund. Apart from from how can I have been deemed to have cancelled a flight that the airline themselves cancelled.
What is my entitlement in the court? I say that it should be the full return portion taking into account local taxes, fuel surcharges and the actual flight should be taken into account. The flight costs were £631 and other costs (taxes fuel surchahrges etc) were £255 (£886 total). Half of the flights alone would be £365.50
After a long time the agent got a refund of £203 against the total cost of £886. A charge back and Section 75 claim has been rejected by the agent as they say it is not their liability. As best I can I calculate the the return portion was worth £429.
The agent claim that for refund purposes when refunding an unused return portion that the outbound leg is treated as a single ticket. A single being greated than half of a return. In the run up to the cancellation there were many rumours that all flights were to be cancelled. Neither the airline nor the agent contacted my wife or myself to make arrangements to repatriate my wife. I did make three phone calls myself to the agent. Initially they said a rebooking fee was £170. This was before the flight was actually cancelled so I declined to pay such a high re-booking fee. When the flight was actually cancelled the agent offered two alternatives. To re-book at a later date, however it was not known when flights would re-commence. Also the air line was in a very flakey financial situation and later filed for bankrupcy protection. They also offered a voucher but didn't specify the value of the voucher. I stated from the outset I would take cash refund.
The agent's defence against my claim are that firstly the agent is not liable. Secondly thay are saying that by virtue of not accepting a re-booking that I cancelled my wife's booking and therefore not entitled to refund.
Since the airline cancelled not only my wife's flight but all other flights for a period of months, I fail to see why they are not liable for a more reasonable refund. Apart from from how can I have been deemed to have cancelled a flight that the airline themselves cancelled.
What is my entitlement in the court? I say that it should be the full return portion taking into account local taxes, fuel surcharges and the actual flight should be taken into account. The flight costs were £631 and other costs (taxes fuel surchahrges etc) were £255 (£886 total). Half of the flights alone would be £365.50
