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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10595
Experience:  Barrister 17 years experience
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I bought a Tiger Moth flight from Blue Eye Aviation last

Customer Question

Hello - I bought a Tiger Moth flight from Blue Eye Aviation last March 2016 for a 60th present (flight arrange for August 2016 just after his birthday). The flight was cancelled due to weather conditions, which I believe is usual, but when ringing to rearrange they could not arrange this until June 2017. I requested a refund as this was unacceptable but they will not refund. I have emailed them again requesting them to reconsider and also mentioned my concern that the voucher they provided when booking states it expires in March 2017. I paid by credit card £490 and really want my money back and want to know the best way to do this.
Hope you can help
Regards
Nicky
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Nicolette, the best way to deal with this situation is to take up the issue with the credit card issuer and cancel the payment made by your credit card. This is because under section 75 of the Consumer Credit Act, 1974, the credit card issuer is jointly and severally liable for any breach of contract or misrepresentation made by the seller of goods or services. So, there, your credit card issuer is liable for the breach of contract by Blue Eye Aviation in making it impossible for you to use your voucher before it expires.

Expert:  Buachaill replied 1 year ago.

2. You can seek a refund on your credit card for the breach of contract of Blue eye Aviation in not permitting you to take up your flight. So, here, you should formally write to your credit card issuer and seek a refund based on the breach of contract by Blue Eye. Quote Section 75 of the CCA and get your refund.

Expert:  Buachaill replied 1 year ago.

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