Paying for your holiday | MyLawyer (2024)

Contents

  • 1. Section 75 claim
  • 2. Chargeback
  • 3. Exclusions

There are some advantages to paying for your holiday using your credit card. These apply whether you're paying for flights or package holidays at home or abroad.

Section 75 claim

If your flight or package holiday was cancelled and you paid the company directly by credit card, you may be able to get your money back using a Section 75 claim. This refers to Section 75 of the Consumer Credit Act 1974, which in these circ*mstances makes the credit card company liable along with the airline for breach of contract. You'd be claiming the money back directly from the credit card company.

Section 75 applies if the total cost of your purchase was more than £100 but not more than £30,000, even if you only paid part of it with your credit card or only paid a deposit. You can claim from the credit card company a refund for the total amount you paid to the airline. You must claim within 6 years of the date of your purchase.

Chargeback

If your flight or package holiday was cancelled and you paid the company directly with an American Express, MasterCard or Visa card, you could make use of these card companies' chargeback arrangements. Chargeback means, in some situations, you may be able to get your payment reversed.

Whatever the amount you paid, it's worth trying to get your money back in this way, as it's intended to help you recover your money if you pay for something that you then don't get. Your card company will ask for the money back from the bank of the airline or travel company.

However, you must claim within 120 days of buying your ticket or package holiday. And if you do get your money, it's possible that the airline or travel company could take it back again if they successfully dispute your claim (usually within 45 days).

Exclusions

If you paid an agent or a third party who were acting on behalf of the supplier (rather than paying the supplier directly), then you might not be able to claim for flights or package holidays. Examples would include travel agents taking payments for an airline, or if online payments are made through processors such as Paypal or WorldPay. The exception to this would be if the funds were paid directly to the supplier and there's a legal agreement with the payment processor creating an arrangement to pay the supplier, such as a 'commercial entity agreement'). Examples of suppliers selling through third parties include Amazon Marketplace and Groupon.

Paying for your holiday | MyLawyer (2024)
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