Right to refund in case of death/dying relative
I was booked to travel on holiday LHR-SYD in November in WTP. Unfortunately after I booked the ticket a very close relative I was caring for was diagnosed with a terminal disease with very short life expectancy (he died a few days after I would have got back). So I could not travel.
BA refused to refund more than the 50% refundable element of the ticket. Even getting that much took 4 letters and the first time they "accidentally" refunded £70 less than they should have done. I left it at that, thinking they were a pretty horrible company who I should not give much business to in future, but not believing I had any basis to take it further.
Now, browsing their conditions of carriage, I have noticed the following clause, which I understand implements the Unfair Terms in Consumer Contracts Regulations 1999:
3e) Your rights if you are prevented from travelling by events beyond your control
If:
- you are a consumer.
- you have been prevented from travelling by events beyond your control and
- all or part of the fare for your ticket is non-refundable.
we will give you a credit for the non-refundable part of the fare. We will do this if you:
- have a completely unused ticket
- have told us promptly about the events beyond your control and
- have given us evidence of these events.
The credit can be used for future travel on us by you or any person you choose. We may take a reasonable fee from the credit to cover our administration costs.
I now think that, under this clause, they should have given a credit for the remaining value - I did tell them promptly and I did offer them evidence; the only issue would be whether legally these circumstances would be considered sufficient to prevent me from travelling.
Any views?