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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6497
Experience:  Senior Associate Solicitor
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I bought a ticket on tripmonster to travel to Togo from

Customer Question

I bought a ticket on tripmonster to travel to Togo from Heathrow. Whilst purchasing the ticket my Bank blocked the card and because I needed a ticket I went on Air Bruxelles website directly and bought the ticket with exact same details which I got. Then few days after my travel, I got an email by Aribruxelles informing me that the ticket to travel to Togo has been cancelled as I missed the plane. I soon realised that Tripmonster went ahead after I requested my bank to unblock the card. I immediately wrote to tripmonster and they advised me to contact Bruxelles Airline as they are the one who should refund me which I did Then Bruxelles Airlines replied telling me that I should contact Tripmonster as they are the ones responsible for my refund. Now this is what they v come up with : As informed on previous emails, the airline doesn't authorize the refund of this booking due to the duplicity, and as intermediaries, we have to follow the airline's fare rules.Kind regards
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: I believe someone somewhere should take the responsibility at least refund me even if it is not the whole amount
JA: What steps have you taken so far?
Customer: Thank you
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have had numerous emails from both tripmonster and Air Bruxelles that I am willing to share: My ticket was bought on the 16/102029 booking reference 5GTL1E and the flight was SN2014 my email is***@******.*** thanks
Submitted: 11 days ago.
Category: Law
Expert:  JimLawyer replied 11 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

If you paid by credit card you can see if they will reimburse you under Section 75 of the Consumer Credit Act. If your credit card company cannot help or you paid the money in another way, you should sue the booking company as their conduct is unlawful in EU law. You can sue for breach of contract.

You should send the booking company a letter before action to say that you believe your consumer rights have been infringed and that you demand repayment of the further payment within 14 days, failing which you will lodge a small claim at the county court business centre (which then gets sent to the booking company address).

The attached letter is generic and needs to be tailored (and quote the above breach).

You can use the European Small Claims procedure in order to claim. This allows for cross border claims of up to 5,000 euro in value.

Assuming they do not respond or they do and refuse to pay, you need to fill in the attached Form A and attach any evidence you wish to rely upon to :

County Court Money Claims Centre, PO Box 527, Salford, M5 0BY

The form asks for your bank details and the 25 euro issue fee will be deducted but added to your claim sum.

The court will then serve the form on the booking company who then has 30 days to respond. The court will consider the response and give judgment on the claim (or if further details are required the court will write to either party). They may hold an oral hearing (by telephone if the court has the facilities - which most courts do have) but with the facts of this case it is unlikely as it should be capable of being dealt with on paper. If you win you get a certificate against the booking company which means they must pay your claim.

With the letter before action I have uploaded a template for you - you can email it to the booking company and include your bank details so they can pay you (ensure you give them the IBAN and BIC code, name of your account and name of the bank).

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 10 days ago.

Morning, if you could please leave a rating and click “submit” I would be very grateful.

Many thanks,

Jim

Customer: replied 10 days ago.
I think this will help let me try it out and see if it can work thank you very much
Expert:  JimLawyer replied 9 days ago.

Morning, if you could please leave a rating and click “submit” I would be very grateful.

Many thanks,

Jim

Expert:  JimLawyer replied 7 days ago.

Hi, please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Many thanks,

Jim