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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We cancelled flight by phone 48 hours before flight as passenger

Resolved Question:

We cancelled flight by phone 48 hours before flight as passenger had emergency operation. The agent did not return our call as promised or stated we had to email it. No further reply despite more phone calls until Carlton Leisure phone the day after the flight to ask why we did not show. They asked Oman Air for refund which was refused.
Please can you.
robert francis
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hello what did the terms say for cancellation?
Customer: replied 11 months ago.
Terms not available at the moment but Carlton Leisure is ATOL protected. They say they did not receive email to cancel flight. We have evidence of call made on Sunday 20th December at 12.32 but no request for email confirmation. Call made again on Monday 21st but no reply and on 22nd asked to send email.On 23rd received phone call at 19.74 why we did not show. Details of emergency operation on 23rd December to remove tumour to bladder sent to Agency but Oman Air regected claim The flight to Muscat on 22nd December at 20.15 has booking ref 08CVSA. Case of gross negligence.
Customer: replied 11 months ago.
The contact at Carlton Leisure is a supervisor called Roy who said today that they would not meet our claim having sent several emails since the beginning of January with no reply.
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Did you have travel insurance please?
Alex
Customer: replied 11 months ago.
Yes ,
I have travel insurance and have contacted the company concerned but feel I should pursue Carlton Leisure for gross negligence.
Expert:  Ash replied 11 months ago.
What did the terms say about cancellation? Was it a flexible flight ticket?
Customer: replied 11 months ago.
Not flexible ticket and Carlton Leisure have officially informed there will be no refund
Expert:  Ash replied 11 months ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
Thanks for advice and will write to Carlton Leisure requesting refund or go to court.
Expert:  Ash replied 11 months ago.
Good luck
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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