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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice
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Booked flights and paid in full received tickets with

Resolved Question:

Booked flights and paid for them in full received tickets with all flight times and booking reference. Turned up at airport only to find out we missed the flight it had allready gone.
It appears that the times on our tickets were printed and there were no such flights.
Under the consumer law am I entitled to receive a full refund and expenses that incurred and compensation
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you there in good time?
Do they accept it is their fault?
Expert:  Jo C. replied 1 year ago.
Can you respond?
What was the time of the actual flight? Are they likely to start saying that you weren't there in time anyway?
Customer: replied 1 year ago.

Sorry Jo I was in the middle of replying to you and my computer switched off.

It appears that all the times on my tickets were incorrect. Not our fault the trip was Cardiff to Dublin to New York. We had to wait 10 hours in Cardiff for them to put us on next Air Lingus flight to Dublin the put us in hotel at airport so that we could fly on the next available flight to New York early following morning. We eventually got to New York missing a night and day.

Coming home due to their errors we had a 5 hour wait in Dublin for the connected flight to Cardiff.

The have said that somethings gone wrong between Flexi Trips and Air Lingus and that customer relations will be in touch we arrived home last Tuesday and I haven't heard from them yet.

I want to know where I stand legally as I paid for flights that were non exsistant so I ended up having flights that I would never have choosen!!! I also had expense incurred and lost a night in New York.

The stress was horrendous and ruined my holiday

Expert:  Jo C. replied 1 year ago.
Did you pay for the second flights?
Customer: replied 1 year ago.

No

Expert:  Jo C. replied 1 year ago.
Thanks.
You do have a claim but it is not going to be a full refund I'm afraid.
Come what may, you did get to your destination. I realise it wasn't ideal and it was stressful and you lost time but the service was provided.
If these are the travel agents then you do have a claim essentially in disappointment which is a specific head of compensation relevant to holidays and weddings. You lost time from the holiday and the journey was more disjointed. However, there is no prospect of a refund of the flight tickets. The flight was used.
You do have a claim for expenses actually incurred.
I'm not sure that the loss in having to wait five hours in an airport is really quantifiable though. Airports are all about waiting apart from anything else. It would probably be better to roll that into the overall complaint of disappointment.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Surely I paid for something that didn't exsist therefore I should have my many back ??

Expert:  Jo C. replied 1 year ago.
Well, that would be right if you hadn’t got different flights or if you had paid for them. They found you flights to get to your destination ultimately so you did receive the service for which you paid.
Customer: replied 1 year ago.

I'm confused because I booked the flight times that suited me and paid for those flights and be cause they made an error and put incorrect flights on their website I ended up paying for flights that I did not want surely that cant be right

Expert:  Jo C. replied 1 year ago.
No, and that is why you do have a claim. But not for a service that was used.
I'm really sorry and I wish I could say something else but you cannot use the flights and get a full refund as well.
Customer: replied 1 year ago.

Ok do you know what sort of compensation I would be looking at ???

Expert:  Jo C. replied 1 year ago.
It depends on the cost of the holiday and it's length but since you lost two days and there was an onerous journey I would ask for 50% of the holiday cost. They won't agree to that but then you can negotiate.
Customer: replied 1 year ago.

Ok I now at least have a guide line

Thank you

Expert:  Jo C. replied 1 year ago.
Well, that is the maximum you would realistically get but with negotiations you should always ask for more than the figure you would accept.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience: Over 5 years in practice
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