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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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If I have booked flight only ticket with an airline 12 months

Resolved Question:

If I have booked flight only ticket with an airline 12 months in advance but 10 months before the flight I become aware of a family celebration which I would like to attend. The airline have said that to change my flights to another date with them will cost me 50% of the original flight tickets which is £886 plus an admin fee of £30 each. Now I'm fine with the admin fee but the cancellation fee of £886 seem excessive to me. They have also mentioned that if I also had a booking with them for flights and accommodation then the charge to change the booking would only be £50 per person.
Is their flight only charge, legal and can I challenge their flight only cancellation charge.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can answer your question for you.

tdlawyer :

What do their terms of booking say about the flight change criteria and cost?

Customer:

They have quoted their T&C and I'm sure that they are probably covered but it still seems excessive to me and wondered if they were allowed to charge such high cancellation fees for an event 10 months away

tdlawyer :

OKay. Regrettably, if it's in their terms and conditions, then they would be allowed to do this. There is nothing in the general law that prevents them doing this after 2 months from the point of booking I'm afraid.

tdlawyer :

I'm assuming, of course, they have got things covered properly in their booking process and terms and conditions to prevent you from cancelling without paying this charge.

Customer:

What do you mean

tdlawyer :

Im just saying that if they have all this sewn up in the terms and conditions like you think they would, then there isn't going to be a right to cancel.

tdlawyer :

But you should check their terms and conditions and see what it says about cancellation and price revision to change the date.

tdlawyer :

But there is nothing in the law that would prevent them charging this kind of sum to change flights.

Customer:

What T&C should I look at the ones that are shown while booking or with the booking confirmation

tdlawyer :

The ones that were shown when booking (although these should be the same as the ones with the booking confirmation).

Customer:

OK, do I send you copies or is that your advice completed

tdlawyer :

I can't advise on the specific terms I'm afraid, but if there is nothing in there that says they have to charge a minimal or smaller fee to change, then there is no right to change and they can charge whatever they like.

tdlawyer :

Is there anything more you would like to ask me?

Customer:

Just looking through their T&C it doesn't not mention and amendment or changes charges and quotes the following

Customer:

Payment


Full payment is required as soon as you confirm your booking. Payment is by credit or debit card only.

Payment by credit card attracts a fee, the amount of which will be displayed in the booking summary, before you are asked to confirm your booking. Please note, all journeys originating outside the UK, whether it be a return or one-way automatically attract an admin fee.

All bookings are non-refundable. Changes may, however, be made to your booking, subject to availability, as well as the conditions and charges stated on this website.

Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of £10 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).

Customer:

so I assume that as all bookings are non refundable I don't have a 'leg to stand on'

tdlawyer :

Yes, I'm afraid to say that I think that is likely to be the case.

tdlawyer :

You only have a legal right to change if the right is included in your contract.

tdlawyer :

If no mention is made, then the right doesn't exist.

Customer:

That seem wrong

tdlawyer :

It seems unfair, yes.

tdlawyer :

But, sadly, the law isn't always fair.

Customer:

At the same time, as it is not included in the T&C surely that means that they don't have to charge that, therefore they cannot say its company policy

tdlawyer :

They dont HAVE TO charge it, they can charge a lesser amount if they wanted to, but you'd need to convince them to do that - you can't force them to do it.

Customer:

how do i go about convincing them or is that outside your advice

tdlawyer :

It's difficult to do - but the best way is to complain and say it's unfair and that you might write negative reviews about their customer service policies on this issue etc.

tdlawyer :

There is a lot to be said for trying to ask very nicely to start with, if this is something they don't have to do, it's easier to try nicely nicely first, then go to being stern etc. It's harder to be stern first then be nicely nicely.

Customer:

OK thanks for that. Anything else

tdlawyer :

Nothing else I can think of.

Customer:

Ok thanks

tdlawyer :

Thank you. ***** just check that you're happy with the service this evening please?

Customer:

Not happy with the answers but you have answered all my questions fully

Customer:

so yes happy with the service

tdlawyer :

That's great - thank you!







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