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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I bought some tickets via an online travel agency in January

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I bought some tickets via an online travel agency in January this year to travel in July/Aug. They took a £200 deposit and sent me confirmation with an invoice saying they needed copies of our passports. I noticed that the address was wrong on the invoice and phoned asking them to send me a revised one. For weeks they didn't. I wasn't worried since they had said i could pay the remainder 45 days before flying. I decided to follow them up in March only to be told that we had lost the tickets because I had not responded in time. I was fuming and asked for a refund but they wouldnt give me the full amount. They offered to get me a "good deal" which although was £404 more was better than I could find elsewhere. Because I was desperate i decided to go with it and higlighted to them I will be seeking compensation through The Ombudsman.
I send them copies of passports and in the email I sent I asked them to confirm that I could still pay within 45 days as before but never got any confirmation.
I chased them again today only to be told that we had lost those tickets too because apparently he had informed that I needed to pay by 16th March. In all honest he probably did but I was so upset on the day we spoke I probably didn't register it. He claims to have called me back and sent me an email but he quoted a wrong mobile number and I have no email. We are now faced with paying an extra £1000 from the original quote which is now threatening our trip. I have tried to find an appropriate Ombudsman but I can't find one.

Can you please help?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How did you pay for the tickets? Credit card or debit card?

Was it your address that was wrong on the invoice? Whose fault was that?

Did you ever send the passports? If so, when did you send them?

How long after booking the tickets in January did they tell you that you lost the tickets and had you sent passports in the interim?
Customer: replied 3 years ago.

Thanks for coming back to me.


I paid for the tickets by credit card.


Yes it was my address that was wrong and it was their fault. So I asked them to correct it.


I sent the passport copies of front page only on the second time second time after they had told that I had lost the first tickets.


They told me we had lost the tickets at the beginning of March. I hadn't sent them the tickets because I was still expecting a revised invoice because I was meant to sign and return with copies of passport pages.



I just need 30 mins to type out an answer if thats OK?

Thank you.

The agent is in breach of the Supply of Goods and Services Act for failing to carry out the job with reasonable care and skill.

You advised them of the wrong address which was their fault.

They then didn’t contact you and if you had not followed up in March you might not have heard from them until the payment time 45 days before you were due to travel.

I don’t think they can rely on the fact that you didn’t send the passports within a reasonable period of time. It would have been quite reasonable for them to get in touch with you and tell you that if you did not supply the copy passports by a certain date, you would lose the booking.

However even if you didn’t do that, you had paid a deposit and you are entitled to those tickets at the price you agreed to pay. If you had lost those tickets because you hadn’t complied with something which you had been told, then you would be entitled to a full refund.

Fortunately, you paid by credit card so contact the credit card company and tell them that you wish to file a section 75 claim. Section 75 of the Consumer Credit Act puts liability on to the credit card company along with the merchant/agent.

Tell the agent that unless they (your choice) refund your deposit in full all give you the tickets that you paid for, you will file a section 75 claim with the credit card company immediately. Very often, knowing that you are going to do that, the merchant will think twice before sticking to their guns.

The beauty of section 75 claims is that they are free and if there is any element of doubt, the credit card company will just call the money back from the merchant and will re-imburse you

Can I clarify anything for you?

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Jo.


That sounds promising. Just to clarify do I contact the agent first and tell them about my proposal to use section 75 then if they refuse I contact the credit card company? Or do I contact the credit card people first?

Customer: replied 3 years ago.

Something else sorry. Do you know roughly how long it would take say to get the money hack from section 75? I am trying to balance whether to just force them to give me my deposit back and buy tickets elsewhere. If I leave it too late the tickets could get more and more expensive.

It is certainly going to take a month or even two to resolve by section 75 if it does get resolved by section 75.

You could always get the tickets elsewhere and if you have to pay extra elsewhere, sue the original agent in the Small Claims Court for the difference on the basis they are in breach of their statutory duty.

The worst that can happen is that you lose a small amount of court costs and a day in court.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile
Customer: replied 3 years ago.


All the best