Peter Kay cancelled shows – your rights

Refunds for cancelled events

Earlier today Peter Kay announced on Twitter that he was cancelling his 18 month tour due to unforeseen family circumstances.

Your rights if you bought tickets for this cancelled event

Refunds for tickets bought from Ticketmaster

Ticketmaster was the official vendor for the live arena tour. It usually refunds tickets automatically including any service charges and it will make the refund to the card you used for payment.

Refunds for tickets bought from a third party seller

StubHub has a FanProtect service so it will refund you the total cost of your order. Seatwave also offers a full refund for cancelled events. Some secondary agents belong to the Association of Secondary Ticket Agents (ASTA) therefore following a code of conduct which includes refunding the full amount in light of cancelled events. Other secondary sites are not members so you will need to check the site for their terms and conditions.

Refunds for tickets bought from social media sites

If you have bought from a Facebook individual/group or a ticket tout you don’t have any rights because the contractual rights for a refund lay with them. Your only chance is if you can trace them and request that they refund you.

Timescales for getting a refund from a cancelled event

You should be refunded from a seller within 30 days but providers may set their own deadlines if overwhelmed. Ticketmaster has said it will refund within 15 days.

Other ways to get a refund for a cancelled event

Credit card. If you paid more than £100 by credit card you will be able to claim from the credit card company using Section 75 of the Consumer Credit Act

Paypal. You should be able to get a refund through their Buyer Protection scheme.

Debit card. You may be able to claim through Chargeback. Contact your bank regarding this voluntary scheme.

Telephone costs incurred due to cancelled events

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 traders cannot use a number that is charged at more than the basic rate for after sale enquiries. Numbers starting 084, 087, 090, 091 or 098 are non-geographic numbers. They have an Access Charge set by and paid to the benefit of the caller’s telephone provider and a Service Charge set by and paid to the benefit of the called party and their telecoms provider. They are banned for use in after sales customer services situations. If you have to ring one of these numbers ensure you get the cost of the call refunded. Please let me know in the comments if you have had to ring one of these numbers after sales in the comments below.

The Sun covered these costs in more detail. Peter Kay fans charged up to 62p per minute to call premium rate phone line to claim ticket refunds.

Administration costs you paid for cancelled events

In theory you should get all he costs back but a third party seller may say that it still undertook the service and so is entitled to keep this amount. It is possible that this cost will be kept. Always check terms and conditions when using these sites, although you can try and argue unfair charges and contracts.

Consequential loss from cancelled event

Because there is a breach of contract (Consumer Rights Act 2015) you should be entitled to consequential loss such as travel costs or hotels that you may have booked. In this case there has been so much notice given that it is unlikely that you would have lost out on travel costs or not be able to get the costs of a hotel back. In the unlikely event that you have incurred other costs you should claim under the Consumer Rights Act 2015.

For more information on cancelled events and your rights see All you need to know when an event is cancelled

 

For more information, tips, advice, guidance and consumer laws explore the blog and GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

 

 

Peter Kay cancelled shows Your Rights (1)

Ryanair flies into oblivion

Ryanair strikes 2107 and what you need to know

In the latest apparent “Let’s treat customers as badly as possible” Ryanair business plan, it has decided to cancel 40-50 flights a day from its schedule of over 2,500 flights for  six weeks to the end of October. This is caused by incredibly bad management of staff leave. Not only that, it is so poor that they aren’t even managing the cancellation properly. Giving people little to no notice.

Ryanair’s Facebook and Twitter feed provides little information and people are flocking to share their outrage at the appalling management of the whole situation.

What the Ryanair pilots say about the strikes

I was on Radio 5 this morning and there were a few calls from Ryanair pilots who wanted to understandably remain anonymous. They were saying that Ryanair pay poorly and whilst they recognise that pilots are well paid, it is below the industry average. They also have to pay for their own accommodation and training and so staff turnover is high. A pilot for Jet2 said that Ryanair pilots are always leaving and joining them. Pilots are limited to the hours they can fly a year So the problem is not only that Ryanair has mismanaged the leave, it would also appear that it is because they treat their staff badly they get fed up and quit. Of course, if Ryanair paid better, the cost of the flights would go up? Maybe it is something it needs to look at if it is to survive.

On the news this evening (18/09/17) pilots were saying could happen again next year. (I won’t be flying Ryanair, I use them all the time, I won’t be now!) Update – they were correct, in fact the situation was even worse in 2018 See Landing in court with Ryanair (what you need to know about airlines and ADR too!)

Ryanair not informing you of your rights

But, not only is Ryanair not providing information about cancelled flights quickly enough, it also isn’t giving people their legal rights, most importantly the significant compensation that people are due. Just like BA powercut debacle: Airline keeps passengers in the dark about their rights update 18/09/17 CEO has said will pay EU compensation.

Ryanair has now released a list up to 28th October. Still no mention of applying for compensation on there!

What Ryanair should be doing to avert strikes

Ryanair should be trying to get you onto another flight, even if that is with another carrier and must pay you compensation. Airline template and information for all the details. You can use their form but you could write, adapting the letter for your circumstances and the costs that you incurred and give a deadline for payment as they will have a huge rise in claims at the moment methinks!

If the flight is more than 14 days away then you will not get the compensation.

You are entitled to the compensation (details in link above) unless you are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival”.

If Ryanair has left you stranded you are entitled to the hotel and refreshment/food costs until they can get you onto another flight. You must keep these reasonable though and I would advise you keep evidence of searches to find low cost accommodation etc.

Consequential losses and your entitlement to redress

If you have booked a hotel and other things, Ryanair is saying that it will not pay and you may be able to claim on insurance. Again, I’d like to see this tested in court. It is Ryanair’s fault and I don’t see why the insurance companies should pay which will ultimately put our premiums up!

The EU laws don’t cover consequential losses. However domestic law may, but because Ryanair is based in Ireland you would need to sue through the Irish courts. You should be able to get advice from the UK European Consumer Centre. (Court action may mean having to pay Ryanair costs so take advice).

The Association of British Insurers is urging travellers affected by Ryanair cancellations to contact the airline in the first instance to seek replacement flights and compensation. Mark Shepherd, head of property, commercial and specialist lines at the ABI, said:

“Ryanair has admitted it is to blame for the large number of flights currently being cancelled. Travellers affected will be understandably upset and have every right to expect help and support from the airline, whether that is alternative flights with a different carrier or compensation for the disruption suffered and other expenses incurred. If passengers are experiencing additional costs which for some reason Ryanair is refusing to cover they may be able to make claims on a travel insurance policy, but this may depend on the level of cover they bought. Clearly the first port of call must be Ryanair itself.”

Consumer Rights Act 2015 came into force to cover airlines October 1st 2016 but it is such a new law that it’s largely untested and will be until we get a definitive judge-lead ruling. So given the lack of confidence in the airline ADR provider (as highlighted recently on BBC Watchdog) which lost its previous ombudsman title, in circumstances which remain unclear, The Retail Ombudsman is no more the consumer really has 2 realistic routes, that’s to go direct to the airline setting out that there has been a breach and the losses and if there is no remedy there it’s on to court for a ruling on both the CRA and contract breach. I think Ryanair will settle they wouldn’t want to risk it. So write to the airline detailing your case I think you’ll find that they will pay out just as BA did with their fiasco in May.

The UK EU Consumer Centres says “Consumers may be able to pursue the airlines under the Consumer Rights Act 2015 (CRA) as the company should perform a service with reasonable care and skill. Also, another instrument that passengers may be able to use is the Montreal Convention.” The CAA has been looking at how the CRA will work with the Montreal Convention as it is very complicated regarding what and when you are covered as the MC applies once in the sky and over rules anything else. It is far from clear cut!

However, request it as advised in the post and if you follow the tips you’ll get it as people are.

Package holidays and Ryanair

If you have booked a package holiday through a travel company which has put you on a Ryanair flight, it is responsible for getting you to your destination. It, should also be informing you of any issues with your flight. If not, it has not been providing services with reasonable skill and care which is a breach of  the Consumer Rights Act 2015 and also Package Travel, Package Holidays and Package Tour Regulations 1992. Regulations 12 and 13 refer to alterations in the package holiday or to departure times or location. Update from June 2018 Package Travel and Linked Travel Arrangements 2018

Getting another flight when Ryanair let you down

You are entitled under EU rules to “rerouting, under comparable transport conditions, to your final destination at the earliest opportunity”. Unfortunately what exactly “the earliest opportunity” means has not been properly tested and defined in court. Yet.

Ryanair in their continuing poor customer care are telling passengers that hey may have to wait three days or more before they can be flown to their destination. The Civil Aviation Authority (CAA) says that airlines are obliged to book you on a rival airline “where there is a significant d

ifference in the time that a reroute can be offered on the airline’s own services”. The CAA does not define “significant” Different airlines have different rules regarding what they think is “significant”. However, whether they are legal remains to be seen, so if you get another flight at two days and Ryanair don’t pay then please do take them to court and let me know about it!

Ryanair and accountability

The Civil Aviation Authority (CAA) is the enforcement body for upholding the consumer rights of air passengers, and so it is able to take action against any airline that operates out of the UK, regardless of nationality. (It does not, however, regulate Ryanair from a safety perspective, this is done by the Irish Aviation Authority.   My investigation into airlines charging to sit children with an adult Plane greedy – Are airlines holding families to ransom? uncovered that Ryanair are making a mandatory charge to sit a child with an adult in the group. The CAA categorically stated that the airline should not charge but would not do anything about it because Ryanair is based in Ireland and t

he IAA have refused point blank to comment. So I don’t hold out much hope here.)

Update – 27th September 2017  CAA has  launched enforcement action against Ryanair for persistently misleading passengers with inaccurate information regarding their rights in respect of its recent cancellations.

Ryanair has previous

Just to show that the CAA can take action when it wants to do so, this from September 2015 on the CAA website:

As part of its on-going campaign to safeguard the rights of UK air passengers, the UK Civil Aviation Authority (CAA) has launched enforcement action against Ryanair. This action follows a review by the regulator that found Ryanair is not complying fully with European consumer law designed to support passengers following flight disruption. Ryanair is now required to make policy changes or face the prospect of further enforcement steps leading to court action, if the airline remains non-compliant.

Contact details for Ryanair COO here.

Ryanair price hikes

 

Look East interviews Ryanair CCO and Helen Dewdney

 

Further help for complaining about holidays and flights

All you need to know about booking/complaining about holidays/flights for masses of info about booking/taking holidays and flights.

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! for information, advice, laws and template letters.