FlyerTalk Forums - View Single Post - Broken First Seat
View Single Post
Old Mar 31, 2017, 10:24 am
  #154  
corporate-wage-slave
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,908
Originally Posted by nufnuf77
I would like to know whether this was a section 75 claim, but that seems unlikely, given BA are trading, and if it was S75 then I am sure your credit card company will recoup all costs from BA.
Though Section 75 is very often used where a company has ceased trading, it isn't solely for that. Indeed the credit card company is equally liable with the provider of goods or services, in cases where there has been misrepresentation or a breach of contract. Furthermore, strictly speaking there is no requirement to go to BA first either - the equal liability means the credit card company has full powers to decide the outcome on its own. That, of course, would be a very bad idea and presents other complications elsewhere so I would recommend people do what the OP has done. Since BA is still trading then I suspect legally BA will have to pay at least half this amount, and by contract probably all of it.

[There is a provision for BA to reverse a Section 75, this can take up to 105 days in all, but it may well be the credit card company won't entertain pinging the customer for this reverse].

Last edited by corporate-wage-slave; Mar 31, 2017 at 10:29 am
corporate-wage-slave is online now