Airline cancelled long haul flight, agent wants to charge me their fees [Travelpak]
Aug 13, 2020, 1:46 pm
#1
Original Poster
Join Date: Dec 2004
Location: Singapore
Posts: 14
Airline cancelled long haul flight, agent wants to charge me their fees [Travelpak]
I booked LHR > CEB return back in March departing 1 Sep 2020, and the airline cancelled the flight.
I booked through Travelpak online, and they cannot get a replacement flight on alternate dates, so I asked for a refund.
Travelpak say I agreed to their T&C’s that allows them to make a charge of £29.50.
This doesn’t sit right with EU regulations on the CAA website that says the pax is entitled to a refund, and the Consumer Rights Act 2015 sections 48-57 that states a “trader” may not waive a consumer statutory rights in a contract for services when the performance of the service relies on the traders own free will.
Does anyone know if the passenger is really liable for this charge?
I booked through Travelpak online, and they cannot get a replacement flight on alternate dates, so I asked for a refund.
Travelpak say I agreed to their T&C’s that allows them to make a charge of £29.50.
This doesn’t sit right with EU regulations on the CAA website that says the pax is entitled to a refund, and the Consumer Rights Act 2015 sections 48-57 that states a “trader” may not waive a consumer statutory rights in a contract for services when the performance of the service relies on the traders own free will.
Does anyone know if the passenger is really liable for this charge?
Aug 13, 2020, 2:40 pm
#2
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Did you agree to the fee before payment? If you did, then the TA need not issue a refund as the TA has performed its service, e.g. issuing a ticket.
EC 261/2004 does entitle you to a refund of the ticket price when the operating carrier cancels. Although you do not say it explicitly, I take it that there is no problem with the ticket refund. The Regulation does not speak to TA's and private contracts one chooses to enter into with them.
If you had booked directly with the carrier, there would have been no fee and if for some reason there were one, it would be refunded.
EC 261/2004 does entitle you to a refund of the ticket price when the operating carrier cancels. Although you do not say it explicitly, I take it that there is no problem with the ticket refund. The Regulation does not speak to TA's and private contracts one chooses to enter into with them.
If you had booked directly with the carrier, there would have been no fee and if for some reason there were one, it would be refunded.
Aug 13, 2020, 4:02 pm
#3
Join Date: Aug 2017
Posts: 1,610
Yes you'll have to pay that agent fees for using their services (in booking the original ticket, which they did successfully).
I've had to pay $20 or so to priceline/expedia etc at times to cancel a fully-refundable ticket booked with them (pre-covid). I was aware of those fees when booking (I had my reasons for using the agent for the $20 fees vs the airline directly without fees).
I've had to pay $20 or so to priceline/expedia etc at times to cancel a fully-refundable ticket booked with them (pre-covid). I was aware of those fees when booking (I had my reasons for using the agent for the $20 fees vs the airline directly without fees).
Aug 13, 2020, 11:21 pm
#4
FlyerTalk Evangelist
Join Date: Oct 1999
Posts: 11,468
I booked LHR > CEB return back in March departing 1 Sep 2020, and the airline cancelled the flight.
I booked through Travelpak online, and they cannot get a replacement flight on alternate dates, so I asked for a refund.
Travelpak say I agreed to their T&C’s that allows them to make a charge of £29.50.
This doesn’t sit right with EU regulations on the CAA website that says the pax is entitled to a refund, and the Consumer Rights Act 2015 sections 48-57 that states a “trader” may not waive a consumer statutory rights in a contract for services when the performance of the service relies on the traders own free will.
Does anyone know if the passenger is really liable for this charge?
I booked through Travelpak online, and they cannot get a replacement flight on alternate dates, so I asked for a refund.
Travelpak say I agreed to their T&C’s that allows them to make a charge of £29.50.
This doesn’t sit right with EU regulations on the CAA website that says the pax is entitled to a refund, and the Consumer Rights Act 2015 sections 48-57 that states a “trader” may not waive a consumer statutory rights in a contract for services when the performance of the service relies on the traders own free will.
Does anyone know if the passenger is really liable for this charge?
PS: nice to see you back!
Aug 14, 2020, 7:39 am
#6
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
The workaround is to ask the TA to refund its fees as a courtesy. If you are a good customer, it might.
Your opaque third-party vendor is unlikely to do so. One more reason to avoid outfits such as this like the plague.
Your opaque third-party vendor is unlikely to do so. One more reason to avoid outfits such as this like the plague.
Oct 11, 2020, 10:12 pm
#7
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,072
That is nothing when you are getting essentially a full refund. I hate to say but you agreed to the fees before. My Father and I cancelled a Tour and we were out $100 Admin Fees for both of us you win some you lose some. If one could not afford to lose $100 then why are they booking a $3,500 package or $500 airfare in the first place without researching booking fees?