I booked £400 flights for the wrong date - but the agent won't give me my money back

Daily Mail​

17 hours ago

I lost £400 by mistakenly booking flights online for the wrong dates.
I booked using an online travel agent that compares flights from different airlines.
I didn't realise when I navigated back a page, my dates were switched to the site's default dates.
The flight I accidentally booked was a few weeks away, while the one I intended to book had been in three months' time. I'm not able to travel on the former dates.
Within minutes, I realised my error and filled in an online cancellation form with the travel agent. This was a Sunday so I couldn't speak to them on the phone.
I thought I could get my money back as I read that purchases made online come with a two-week 'cooling off' period.
But my request was declined and I'm still out of pocket. Why? T.R
Helen Crane, This is Money's consumer champion, replies: The cost of going away has rocketed in the last few years, meaning we are all desperate to get a good deal.
When flipping back and forth between internet tabs comparing different airlines, dates and prices, I can see how a mistake like this could be made.
You are right to say that, when buying things online, customers usually benefit from a 14-day cooling off period. This is a legal protection.
But unfortunately for you, it doesn't apply to plane tickets - or tickets for any other form of transport, for that matter.
This is because the companies who sell them argue that, as the tickets are tied to a specific time and date, they would be hard to resell in many circumstances.
Essentially, they say having to pay back any customer who asks within two weeks would leave them at an unfair disadvantage.
Having a 14-day 'get out' clause would also encourage holidaymakers to game the system, as they'd be able to cancel and re-book if they saw prices had dropped.
When denied a refund they feel they deserve, a savvy consumer might turn to their credit card provider - if they paid using one - hoping to be protected by Section 75 of the Consumer Credit Act.
However, that is unfortunately also not possible in your case, as consumer expert Scott Dixon explains below.
So what options are open to you, if any, to recoup your £400? I asked Dixon, who runs the website The Complaints Resolver, to explain the rules and what you can do.
Scott Dixon replies: Unlike most online purchases, flight bookings are exempt from the standard 14-day cooling-off period under the Consumer Contracts Regulations 2013.
This means that once you have confirmed and paid for your flights, you are generally locked in, even if you have made a mistake.
The reason for this is because flight tickets are time-sensitive and perishable.
Airlines argue flights are time-specific services that cannot be easily resold if cancelled, and are subject to dynamic pricing, meaning that fares can fluctuate rapidly.
Airlines operate on tight margins and aim for maximum seat capacity, so changes can disrupt their logistics and financial position.
This exemption is set out in Regulation 28 of the Consumer Contracts Regulations 2013, which lists the circumstances where cancellation rights do not apply.
This includes accommodation, transport, vehicle hire, catering and leisure services, if the contract is tied to a specific date or period of performance.
In plain English, if you book transport like flights, trains or buses for a specific date or time, the 14-day cancellation right does not apply.
That's why consumers cannot legally cancel a flight just because they changed their mind or made a mistake, even within 24 hours of booking.
If you have made a booking error (like selecting the wrong date), you are relying on the airline's goodwill.
Some airlines such as British Airways, Virgin Atlantic and American Airlines may allow a 24-hour grace period to amend or cancel without penalty, but this is a voluntary policy and not a legal right.
Section 75 protection under the Consumer Credit Act 1974 only applies if there has been a breach of contract or misrepresentation, and only when you book direct and spend over £100.
It doesn't apply to mistakes made by consumers. Travel insurance typically won't cover this, unless a specific cancellation clause applies in the terms and conditions.
Always double-check your dates and details before you proceed. If things do go wrong, be polite but persistent and contact the airline directly as soon as possible.
You are relying on staff goodwill, so be nice if you need to ask for their help.
Politeness and good manners costs nothing, yet it can make the difference between you getting the outcome you want or the outcome you deserve.
Helen Crane replies: Unfortunately, it seems this is likely to be a costly lesson.
You are out of the 24-hour grace period that Scott mentions, and even then, this is completely voluntary and you don't know if the agent you used would have been willing to offer it.
That said, all of this is ultimately down to the company's discretion, so perhaps one attempt at a charm offensive as he describes wouldn't hurt.
It is interesting that the three firms he names which may look kindly on customers who make mistakes are all airlines, rather than agents.
Personally, I now try to book flights direct with the airline wherever possible, rather than using a third-party travel agent.
In my experience this makes life easier when things go wrong, whether that is a cancellation, lost luggage, or a booking error like yours - as you only have one company to deal with rather than two.
However, it does often mean missing out on the absolute cheapest deals.