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Irish travel agent charging me €50 for Emirates refund for Covid-19 cancellation

  • 21-05-2020 10:48am
    #1
    Chivito550
    Registered Users, Registered Users 2 Posts: 7,695 ✭✭✭


    Emirates have changed their stance on refunds. Got no update from the travel agent I booked through, so I contacted them. They then send me the copy and paste job and at the end say a refund or reissue will cost €50. They claim that I am paying for a service they provide (discounted tickets, and them liaising with the airline).

    The flight was cancelled by Emirates due to Covid 19. Why should the travel agent come out of this €50 up for a a flight that never happened.

    Is this legal?


Comments

  • #2
    endofrainbow
    Registered Users, Registered Users 2 Posts: 2,765 ✭✭✭endofrainbow


    What do their t&c's say ?


  • #3
    Chivito550
    Registered Users, Registered Users 2 Posts: 7,695 ✭✭✭Chivito550


    endofrainbow wrote: »
    What do their t&c's say ?

    Turns out it doesn't matter what the T&Cs say.

    I did my research and found out this is in breach of contract law. I won't mention the travel agents name but if they still refuse to issue me a full refund, I'll plaster their name all over the internet.

    This is the email I sent them after getting all the facts:
    Dear XXXX

    I have spoken to the Competition and Consumer Protection Commission (CCPC) about this matter and I have been informed that this is a breach of contract.

    By placing payment, I'm contracting with XXXXXX that you are going to provide the service paid for (the return flights from Dublin to XXX).

    Where Emirates can no longer supply the flight, it's viewed that XXXXX are acting outside the agreed contract and are in breach of the contractual agreement.

    When a trader can not supply the service, the non-refundable elements of a contract are deemed non-applicable.

    In the event of a breach of contract, I am entitled to either of the following:
    - I can re-negotiate the contract, or
    - I am entitled to a full refund
    In this event, I am looking to seek a full refund of €XXX by 20th June 2020.

    Under Contract Law, a refund should be provided without undue delay.

    I look forward to this matter being resolved quickly and without any further difficulty.


  • #4
    mailburner
    Registered Users, Registered Users 2 Posts: 23,931 ✭✭✭✭mailburner


    same thing happened my brother and eventually he gave up after many calls and emails

    It is ridiculous to say the least


  • #5
    paddy19
    Registered Users Posts: 1,145 ✭✭✭paddy19


    Chivito550 wrote: »
    Emirates have changed their stance on refunds. Got no update from the travel agent I booked through, so I contacted them. They then send me the copy and paste job and at the end say a refund or reissue will cost €50. They claim that I am paying for a service they provide (discounted tickets, and them liaising with the airline).

    The flight was cancelled by Emirates due to Covid 19. Why should the travel agent come out of this €50 up for a a flight that never happened.

    Is this legal?

    Best bet is chargeback through you credit/debit card.
    Maybe even the threat of chargeback will get rid of this problem.

    If all else fails Emirates are legally liable for the refund under EU261 but it could be a pain to enforce.


  • #6
    ninebeanrows
    Registered Users, Registered Users 2 Posts: 12,780 ✭✭✭✭ninebeanrows


    You really begrudging a struggling Irish travel agent 50€ at this time?

    The 50€ is to cover admin costs for organising the refund no? Saving you making the calls and emails?

    Move on.


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  • #7
    slave1
    Moderators, Sports Moderators Posts: 19,197 Mod ✭✭✭✭slave1


    I agree OP and have no problem naming Eflights/eTravel as it's a matter of fact.
    I have booked all my US flights with them for the last 9 years and no way I'm paying this €50


  • #8
    Lundstram
    Closed Accounts Posts: 2,129 ✭✭✭Lundstram


    Sleety_Rain wrote: »
    You really begrudging a struggling Irish travel agent 50€ at this time?

    The 50€ is to cover admin costs for organising the refund no? Saving you making the calls and emails?

    Move on.
    I can't believe what I've just read.

    €50 is a lot of money to most people. It's not up to the OP to help struggling businesses.

    €50 for a few phone calls and emails (which are free)? Good one.

    Small Claims Court OP. They'll back down once you mention those three words.


  • #9
    Mike3549
    Registered Users, Registered Users 2 Posts: 1,023 ✭✭✭Mike3549


    I know sometimes when YOU cancel theres a 50-100 euro admin charge, but in this case its the airline that canceled, not you. I think in the end it all depends on T&Cs.


  • #10
    paddy19
    Registered Users Posts: 1,145 ✭✭✭paddy19


    slave1 wrote: »
    I agree OP and have no problem naming Eflights/eTravel as it's a matter of fact.
    I have booked all my US flights with them for the last 9 years and no way I'm paying this €50

    Legally they are entitled, but obviously not obliged, to charge you per terms and conditions: Clause 13.

    "eTravel administration fees, as below, will be charged in addition to relevant airlines fees.

    After-sales Service fee EUR 25.00
    Cancellations (for any reason including schedule changes, plus fee paid at time of booking) EUR 50.00"

    https://flights.e-travel.ie/info/terms/ZcWdjjtOCyLXJesv2wryiBqArDPeLPmvsacSrmzVpHM/

    I think you can make a reasonable case that this should be at max an After-sales Service fee EUR 25.00
    since the cancellation fee is normally where the passenger makes the change rather than in this case the airline.

    The other obvious point is it worth throwing away a loyal 9 year customer for €50?

    Doesn't sound like smart business to me.


  • #11
    ninebeanrows
    Registered Users, Registered Users 2 Posts: 12,780 ✭✭✭✭ninebeanrows


    Lundstram wrote: »
    I can't believe what I've just read.

    €50 is a lot of money to most people. It's not up to the OP to help struggling businesses.

    €50 for a few phone calls and emails (which are free)? Good one.

    Small Claims Court OP. They'll back down once you mention those three words.

    Give me a break. If you are booking flights with Emirates and planning a major getaway 50 euro should not be a lot of money to you. If losing 50 euro is enough to derail your plans then it brings in to question whether you should have made such plans in the first place.

    Get off your high horse.


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  • #12
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Sleety_Rain wrote: »
    Give me a break. If you are booking flights with Emirates and planning a major getaway 50 euro should not be a lot of money to you. If losing 50 euro is enough to derail your plans then it brings in to question whether you should have made such plans in the first place.

    Maybe 50 euro wasn't a big deal to OP when they booked their holiday, but who knows what OP's current employment status is with the virus.

    Regardless, suggesting that they shouldn't get back the fifty euro just because it may or not be a relatively small amount is a very dumb argument.


  • #13
    Rodin
    Registered Users, Registered Users 2 Posts: 3,130 ✭✭✭Rodin


    Don't know why people use travel agents.


  • #14
    ninebeanrows
    Registered Users, Registered Users 2 Posts: 12,780 ✭✭✭✭ninebeanrows


    And my opinion is that 50 euro seems a reasonable fee for a travel agent to deal with Emirates and organising redund for customer


  • #15
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Sleety_Rain wrote: »
    And my opinion is that 50 euro seems a reasonable fee for a travel agent to deal with Emirates and organising redund for customer

    So your opinion is that someone who booked a <€50 return flight through a travel agent shouldn't get any money back at all? :rolleyes:

    I assume you think then that Ticketmaster should keep a similar amount since they have have to spend so much and time effort dealing with refunds from promoters?


  • #16
    slave1
    Moderators, Sports Moderators Posts: 19,197 Mod ✭✭✭✭slave1


    paddy19 wrote: »
    Legally they are entitled, but obviously not obliged, to charge you per terms and conditions: Clause 13.

    "eTravel administration fees, as below, will be charged in addition to relevant airlines fees.

    After-sales Service fee EUR 25.00
    Cancellations (for any reason including schedule changes, plus fee paid at time of booking) EUR 50.00"

    https://flights.e-travel.ie/info/terms/ZcWdjjtOCyLXJesv2wryiBqArDPeLPmvsacSrmzVpHM/

    I think you can make a reasonable case that this should be at max an After-sales Service fee EUR 25.00
    since the cancellation fee is normally where the passenger makes the change rather than in this case the airline.

    The other obvious point is it worth throwing away a loyal 9 year customer for €50?

    Doesn't sound like smart business to me.

    That €50 charge is where the consumer cancels per earlier clause 6 of their T&C


  • #17
    paddy19
    Registered Users Posts: 1,145 ✭✭✭paddy19


    Sleety_Rain wrote: »
    You really begrudging a struggling Irish travel agent 50€ at this time?
    Move on.

    Your image of eTravel as a struggling wee travel agent is tweetch naive.

    Last accounts for 2018 show a nice net profit of the guts of a million euro with impressive cash reserves of €5.5M.

    So the are doing something right.

    I think they can probably afford to waive the €50 fee.


  • #18
    deepsilent
    Registered Users Posts: 75 ✭✭deepsilent


    Chivito550 wrote: »
    Emirates have changed their stance on refunds. Got no update from the travel agent I booked through, so I contacted them. They then send me the copy and paste job and at the end say a refund or reissue will cost €50. They claim that I am paying for a service they provide (discounted tickets, and them liaising with the airline).

    The flight was cancelled by Emirates due to Covid 19. Why should the travel agent come out of this €50 up for a a flight that never happened.

    Is this legal?

    did you get the refund?
    I'm on the same boat waiting for 8 weeks already, and now they tell me it might take 10 weeks...


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