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4 October 2017

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Claiming your money back after a Monarch cancellation

Posted by: Alison Rocca

s if you pay for something – or even part-pay – on a credit card and it costs between £100 and £30,000, then the credit card company is jointly liable. In travel, it only works when you book direct, but that’s fine for those who paid Monarch on a credit card, as long as the cost was over £100.

For all debit cards and credit cards you can use a less well-known protection called ‘chargeback’ (though with credit cards, if you paid over £100, Section 75 is better). With this, you ask your card provider to ask Monarch for your money back as you have not received the service. While it’s not a legal protection like Section 75, this is a core protection in Visa, Mastercard and American Express rules and it can swiftly help people get their money back.

Most people who have booked a flight with Monarch, who have had their flight cancelled recently will have contacted Monarch about getting their money back.Not everyone will know that if the flight was booked using a credit or debit card you have additional rights and it might be quicker and easier to claim through your own bank.A Section 75 (Consumer Credit Act 1974) claim allows you to make a claim against your bank in the event of a breach of contract, i.e. Monarch cancelling the flight and you not being able to fly.  Pursuant to Section 75 you are able to claim against the defaulting party (Monarch) or your bank.You are able to make a claim which provides for you to be put back in the postion you would have been in had it not been for the breach.  This means you can claim your direct losses (the ticket price) and also any associated damages as long as the same are reasonable.The attached article offers some useful guidance to making a claim.

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Alison is an Associate in our Litigation department. Acting for both claimants and defendants, her clients range from large national companies to smaller start-up companies and individuals.

Alison Rocca - Senior Associate

To discuss how Glaisyers can assist you contact Alison Rocca on Alison.Rocca@glaisyers.com or via 0161 832 4666.

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