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4 March 2021

Letter to make a Section 75 claim for a cancelled flight

You can claim for a cancelled flight paid for using a credit card and with a total ticket value of over £100, if the airline refuses to refund you.
W
Which?Editorial team

There is a file available for download. (16 KB). This file is available for download at .

[Your address]

[Company address]

Dear Sir/Madam,

Reference: Claim under Section 75 of the Consumer Credit Act for failure of airline to comply with (EC) Regulation 261/2004

I am writing to you in connection with flight [insert flight number] which I [together with my partner/mother/father/children] was due to travel to [destination] on [date].

These tickets were all purchased using my [insert supplier name] credit card and the total cost of each ticket was [£xx]. 

[List the other family members on whose behalf you are writing]

The flight was supposed to depart from [airport] at [time], but was cancelled as a result of [insert reason]. 

Under (EC) Regulation 261/2004, [I/we] opted to take the re-routing option and [my/our] rearranged flight departed from [airport] at [time]

Under the (EC) Regulation 261/2004, [I am/we are] are entitled to:

  • free meals and refreshments appropriate to the delay
  • free hotel accommodation for each night between the original and rearranged departure time; and
  • free transfers between the airport and the hotel I used during the additional stay

However, as a result of my flight being cancelled, [I/we] incurred the following additional costs, as evidenced by the attached receipts:

  • for meals and refreshments: [insert amount], comprised of:
  • [insert details eg, breakfast for 2 adults and 2 children at overnight hotel] on [date] at a total cost of [£xx]
  • for hotel accommodation: [insert total amount], comprised of: [insert details]
  • for hotel transfers: [insert amount]; comprised of: [insert details]

I’ve tried to resolve this dispute with the airline, but they have not refunded my expenses as they are required to do pursuant to Articles 5 and 9(1)(b) of (EC) Regulation 261/2004.

I understand that under section 75 of the Consumer Credit Act 1974, you are jointly and severally liable for their breach of contract.

As I paid for [my/our] flights using my credit card, I hold you liable for this breach of contract and so I am writing to request that the above amounts be refunded. 

I look forward to your prompt response. 

For convenience, I attach a copy of my ticket(s).

Yours sincerely,

There is a file available for download. (16 KB). This file is available for download at .