We noticed that you're using an unsupported browser. The TripAdvisor website may not display properly.We support the following browsers:
Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari.

Possibly another right for UK Air Passengers???

Romford, United...
Level Contributor
2,065 posts
22 reviews
Save Topic
Possibly another right for UK Air Passengers???

This story concerns a tour operator (TUI) but has the element of the air fare included, a gentleman had to cancel his package holiday plus private taxi( arranged through TUI) on arrival 6 days prior to commencement because his wife was ill, TUI declined to to refund any of the package or taxi and told him to take it up with his insurers which he did and they paid out, however he was so incensed by TUI's refusal to even refund the taxi money that he tracked the package they were due to take and found it had been resold-flights and hotel were no longer available

He thought this was unfair and TUI had double bubble so on his own he took them to the small claims court and won a full refund and costs-TUI appealed to the High Court (specialist lawyers in tow) and lost-the victor has agreed to refund what has already been paid by insurers

My question is does this now mean a none-refundable is fully refundable if it can be proved that the airline has resold the seat or ticket?

Edited: 11:43 am, February 28, 2014
London, United...
Level Contributor
27,178 posts
29 reviews
Save Reply
1. Re: Possibly another right for UK Air Passengers???

Thats an interesting little precedent and could change things quite a lot....it could mean exactly what you say, but I assume the airlines will fight like dogs not to let it.

Lancashire, United...
Destination Expert
for Playa Blanca
Level Contributor
33,928 posts
57 reviews
Save Reply
2. Re: Possibly another right for UK Air Passengers???

According to one of the travel papers today, TUI lost in the small claims so it doesn't set a precedent, and have asked to be allowed to appeal to the High Court.

http://www.travelweekly.co.uk/Articles/2014/02/27/47113/consumer+wins+landmark+cancellation+charges+case+against+tui+travel.html

Leeds, United...
Destination Expert
for Leeds, Bradford
Level Contributor
18,500 posts
279 reviews
Save Reply
3. Re: Possibly another right for UK Air Passengers???

I find it interesting too. I was initially going to reply is it fair the passenger gets the 'double bubble' until I read the rest of the relevant paragraph in that he has agreed to refund his insurers.

Lancashire, United...
Destination Expert
for Playa Blanca
Level Contributor
33,928 posts
57 reviews
Save Reply
4. Re: Possibly another right for UK Air Passengers???

Sorry link didn't work.

http://tinyurl.com/lzlyvfy

London, United...
Level Contributor
27,178 posts
29 reviews
Save Reply
5. Re: Possibly another right for UK Air Passengers???

Ok,,,so two different facts,,,jumper saying it's been to high court and lost,,,leyland saying it's yet to go. Anyone know which it is,,,,?

Romford, United...
Level Contributor
2,065 posts
22 reviews
Save Reply
6. Re: Possibly another right for UK Air Passengers???

Sorry got to issue a correction to this TUI have applied for leave to appeal this decision, seems Froggy you are right -the plaintiffs claim was based not on any EU directive but Unfair Contracts Consumer Regulations 1999 whatever they are?

Wales, United...
Destination Expert
for Bargain Travel, Cruises, Swansea, Cardiff, Carmarthenshire, Neath, Port Talbot
Level Contributor
49,457 posts
431 reviews
Save Reply
7. Re: Possibly another right for UK Air Passengers???

I wouldn't be surprised if the High Court upheld the appeal.

Edited: 12:13 pm, February 28, 2014
Romford, United...
Level Contributor
2,065 posts
22 reviews
Save Reply
8. Re: Possibly another right for UK Air Passengers???

Yes even if the High Court uphold the judgement no doubt they will take it even higher and higher as there is too much at stake, but suppose you bought and paid in full for a new car and suppose before you took delivery of the vehicle you were taken so ill that you could never ever drive it, you wouldn't expect the dealer to give you a full refund but if they found another buyer for it (even at a reduced cost) you would expect some form of refund?

I realise this is not comparing apples with apples but???

Exeter, United...
Level Contributor
1,189 posts
57 reviews
Save Reply
9. Re: Possibly another right for UK Air Passengers???

It's not another right merely the application of regulations already in existence to the particular facts of a case.

London, United...
Level Contributor
27,178 posts
29 reviews
Save Reply
10. Re: Possibly another right for UK Air Passengers???

>>It's not another right merely the application of regulations already in existence to the particular facts of a case.<<

What regulations? Can you explain further?