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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Under which Act does a refund difference of the cost

Resolved Question:

Under which Act does a refund for the difference of the cost on an aeroplane ticket for a seat in one class (eg Premium Economy) and a lesser class occupied (e.g. Economy) - paid by the travel agent (tour operator)
* The Consumer Rights Act?
* The Supply of Goods & Services Act?
* The Consumer Credit Act?
* or some other Act?
Not to be confused with Article 10 of EC Regulation 261/2004 which deals with rights to compensation paid by the air carrier in proportion of the ticket price.
Thank you
John Rosier
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello can you please explain what has happened in some more detail?
Customer: replied 1 year ago.
Ben,
My wife and I were downgraded from Premium Economy to Economy on Flight BA 58 Dep Cape Town 2055 on 6 March 2015 Ar London Heathrow at 0645 on 7March 2015 - BA being the 'air carrier'
BA failed to pay us COMPENSATION in accordance with Article 10 of EC Regulation 261/2004
We received a REFUND from Saga the 'tour operator' for the difference in cost of the seats we paid for in advance and the seats we occupied.
The case has now been referred to Worcester County Court for a hearing I assume within the next few weeks
My dispute with BA is that they claim that The Refund is included within the calculation for Compensation.
Assuming that the EC Regulation did not exist - under which Act would a refund for the difference in cost for a seat paid for in advance in one class and the cost of a seat occupied in a lesser class?
Regards
John Rosier
Customer: replied 1 year ago.
Both ABTA and Saga have confirmed to me (in writing) that they are not responsible for compensation under EC Regulation 261/2004
Customer: replied 1 year ago.
I will try to add my DRAFT letter to the County Court
Expert:  Ben Jones replied 1 year ago.
Just to clarify, you have received the difference in price from the tour operator is that correct?
Customer: replied 1 year ago.
Yes it was £618
I have also received the following compensation (of £723.16 being 75% of the ticket price:
£150:00 on 6 March 20125
£143:00 on 29 May 2015
£247.36 on 18 June 2015
The outstanding amount (Including Interest and Court fees) is £331.83
Customer: replied 1 year ago.
BA were able to sell the two seats we vacated for over £1,000 each!!
They make an even bigger profit if they withhold compensation other than the £75 we were each paid at the 'boarding gate' at the heard of the access tunnel to the aeroplane
The ticket price was heavily discounted for Saga at £482.11 each
Customer: replied 1 year ago.
Ben
Are you still there?
JR
Expert:  Ben Jones replied 1 year ago.
Yes sorry I am mobile today so may not be able to respond immediately. What I am unclear about is are you actually pursuing a refund for the difference in price of the seats, which you have already received from the tour operator?
Customer: replied 1 year ago.
Ben,
Of course not!
I am only pursuing the appropriate compensation from BA
The tour operator remains as Defendant 2 because of the difference of opinion between BA and Saga (and ABTA) regarding the inclusion of the refund within the calculation for the compensation
This is why I have asked the question:
Under which (UK)? Act does the refund come under?
JR
Customer: replied 1 year ago.
Ben,
In view of your being mobile would it not be better for you to email me on Monday?
Regards
JR
Expert:  Ben Jones replied 1 year ago.
The Consumer Rights Act 2015 will be the relevant piece of legislation although that only applies to purchases made on or after 1 October 2015. As you bought the ticket before that date it will not be relevant to you. Instead you need to rely on legislation which applied at the time of the purchase. It would not be the Sale of Goods Act because you were not sold goods, you were sold a service and as such it would have to be the Supply of Goods and Services Act 1982.
Hope this answers your query.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ben,
Thanks
We got there in the end!
Enjoy the rest of your weekend
Regards
JR

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