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CTA - claiming refund through credit card

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Lozzo


Joined: 06/11/2008
Posts: 55

Message Posted:
30/06/2010 10:41

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Message 1 of 41 in Discussion

We are due to fly to Dalaman at the end of August for two weeks with CTA. I don't really want to wait and see what happens and potentially lose the holiday so am thinking of re-booking flights to Antalya. I paid for the original flights by credit card. As Atlasjet are laying on flights for CTA passengers (nothing to Dalaman yet), has anyone managed to make a successful claim through their credit card?



3gmifi


Joined: 18/05/2010
Posts: 40

Message Posted:
30/06/2010 11:24

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Message 2 of 41 in Discussion

I thought you only received the credit card refund after the flight date passes



crofter


Joined: 16/12/2008
Posts: 1035

Message Posted:
30/06/2010 11:31

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Message 3 of 41 in Discussion

Hi.....we are in a similar situation as you and are booked to travel on 28 July to Manchester. A claim cannot be made until after this date. Now we need to make a decision as to whether to rebook flights to Manchester return or hold on and see if a Manchester flight is going to operate on or around that date. To be assured we get seats we are probably going to do the former.



Having checked the terms and conditions of Barclaycard they list 4 options of which one must be provided in order to make a claim.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 11:43

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Message 4 of 41 in Discussion

if your flight is cancelled and you have not been booked on an alternative then you should claim now on the basis that you need to make the journey on the date of your contract or earlier. As the credit cards are only refunding your lost payment you cannot be expected to wait until the date has passed to purchase what will then be an expensive flight. You should also get the credit card to put your payment in contention by arguing that you should not be expected to pay interest on a payment for a cancelled contract. Send them a copy of any reliable confirmation that CTA cannot possibly resume flights, e.g that they have lost their license because of insolvency. Talk to a supervisor the moment you are told this cannot happen.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 11:56

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Message 5 of 41 in Discussion

crofter, to confirm, NO ONE IS BEING OFFERED AN ALTERNATIVE BOOKING it's a first come first served basis. This means you don't have to wait. You can still turn up and try to get on an AtlasJet plane but no one can force you to go at a time which in not, I believe, within 3 hours of your original journey.



silcuty21


Joined: 24/05/2010
Posts: 208

Message Posted:
30/06/2010 13:43

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Message 6 of 41 in Discussion





Here we go again Malsancak is giving incorrect information giving people armcahir advsie



"Please people have lost enough money dont create more stress its a hard time for people asis

they have lost money



cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
30/06/2010 15:51

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Message 7 of 41 in Discussion

msg 6



please explain your post. As far as read malsancak is correct with what he is saying?????



TopTen


Joined: 15/04/2009
Posts: 1246

Message Posted:
30/06/2010 15:55

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Message 8 of 41 in Discussion

Our friends are due out from Manchester next Wednesday and their travel agent has told them that there is no flight out of Manchester on AtlasJet's schedule they are now coming with Monarch via Larnaca. Just trying to sort taxi out for them



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 17:12

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Message 9 of 41 in Discussion

silcuty21, my only qualification to make the claims I do is that I was a Business Law lecturer involved in writing GCE Advanced level law exam papers for OCR exam board. Oh, and I won a claim against Barclaycard when a tour company went bust in 2001, plus my wife has just arrived on an Atlasjet replacement flight yesterday.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 17:22

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Message 10 of 41 in Discussion

and I forgot to add, I've got over £1000 worth of outstanding flight tickets with CTA and my travel insurance doesn't cover airlines going bust.



silcuty21


Joined: 24/05/2010
Posts: 208

Message Posted:
30/06/2010 17:43

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Message 11 of 41 in Discussion



Hi Malsancak



The facts are simple you can re-claim on the card only when you do not recive the goods you have paid for

or the goods are faulty and only after the company has refused to refund you.



In the case of CTA the Airline has ceased to fly but has agreed to fly passengers who have paid monies

not just to repatriate (this is important) therefore sticking to their contractual obligation only if they advsie passengers they can not fly you and then refuse to refund you can you claim, therefore until the day of departure or unless thay advsie they will not and then say they will not refund you only then can you fall back on your credit card company



you have in a round about way told people if you dont like what you hear ask for the supervisor

Unfortunately i am not as educated as you but did finish the school of common sense being polite and not being arrogant, going over everyones head if i dont like what i hear it goes a long way



sylv



zcacmxi


Joined: 30/11/2008
Posts: 388

Message Posted:
30/06/2010 18:21

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Message 12 of 41 in Discussion

Malsacak/silcuty21:



If you booked a flight with KTHY for a flight at any date in the next 3 months (their licence is suspended for atleast 3 months), then you should contact your credit card company.



Do you have to accept alternative that is so different? If the flight offered were on the same date and time+-few hours from the same aiport that may be reasonable.



But if you've booked from Heathrow, and there are no alternatives, surely you have a claim!



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 18:30

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Message 13 of 41 in Discussion

silcuty, you can CLAIM when you are certain that you will not be supplied the goods but you will not be repaid, in the case of the flight, until the date is passed. You can ask for the amount you paid to be put in contention, i.e. so that you don't have to pay interest as well, the minute your flight is cancelled and you don't have to wait for the flight date. How do I know? I've done it!

The flight IS cancelled. CTA have been banned from carrying any passengers because they are insolvent and their licence is revoked. Atlasjet have voluntarily taken over that job.

If correcting your misunderstandings is arrogant then I've been paid for doing it for 30 years so why should I change?

I'm off for tea and muffins now. But seriously silk, I don't blame you for getting angry, we're all getting angry but the last thing we should do is turn on the victims. My earlier comment about not spreading what could be a rumour, but which turned out not to be, was to try and avoid what happened.



nilmoney


Joined: 29/12/2008
Posts: 122

Message Posted:
30/06/2010 20:02

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Message 14 of 41 in Discussion

Hi Folks,

When making a claim against the credit company do be fobbed of they may tell you to try the airline first don't bother its their resposibility.

Obviously if you have a return ticket you will have to wait till after the return date flight has passed before entering into a claim.



continued



nilmoney


Joined: 29/12/2008
Posts: 122

Message Posted:
30/06/2010 20:03

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Message 15 of 41 in Discussion

[insert date]

[insert name and

address of credit

card company]



Dear Sir or Madam,



Account number: [insert credit card number]



Ref: Section 75 of the Consumer Credit Act 1974



[Use this section if the company has gone into administration or delete]

I am writing to request that you reimburse me the value of [enter amount] as paid to [enter company name] for a [enter item purchased] on [enter date] with my [enter the name of your credit card] credit card.



My claim is made on the grounds that the company has gone into administration and you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974.



[Use this section if you have a faulty good or delete]

I am writing to request that you reimburse me the value of [enter amount] as [select from full payment for / partial payment towards] a [enter item purchased] I paid for with my [enter the name of your credit card] credit



silcuty21


Joined: 24/05/2010
Posts: 208

Message Posted:
30/06/2010 20:04

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Message 16 of 41 in Discussion

Malsancak



im am not angry i have been embarassed by inviting friends over and they were stranded thats life

but what annoys me is when everybody knows whats going on when clearly they dont



it would be nice if there were a official line people can take,its such a mess



Atol have just got back to me the Tour operator who told us they are not liable as it was "seat only"

are liable the reason is there is certain wording that has to be in their invoice they clearly did not have this and Atol have advsied to expect a refund for £380 or they will take action , thats good news



i would be a very good idea if you could help contact atol and bring clarity to this issue for all concerned if you have time this really would help out a lot of people.



thanks

sylv



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 20:24

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Message 17 of 41 in Discussion

unfortunately for those of us who bought CTA flight tickets on their website, ATOL is not involved. It's credit card or nothing. I had assumed that the cancellation insurance I had was if the airline cancelled but it turns out it's only if I do. As you can see, clever I ain't! The only good thing is that after the summer the rest of the tickets we bought are with pegasus and easyjet.



BillBarnacle


Joined: 20/04/2009
Posts: 167

Message Posted:
30/06/2010 20:44

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Message 18 of 41 in Discussion

The Atlas flights listed are only shown upto 11th July.Does anyone KNOW what is happening beyond that date

Tks in advance of any answers

BB



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 20:49

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Message 19 of 41 in Discussion

aparently there is an update expected on 6th July, just a rumour as the government don't believe in using their English language Public Information Office for such unimportant things - headlines at http://www.trncpio.org are currently "UNITED NATIONS HAVE A POSITIVE LOOK ON THE TRIPARTITE CONFERENCE OFFER"



Toolsy


Joined: 30/06/2010
Posts: 6

Message Posted:
30/06/2010 21:12

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Message 20 of 41 in Discussion

My sister paid for her KTHY tickets with a VISA DEBIT card through a travel agent (seat only).



What is her position with regards to getting her money back if she wishes to? I'm worried that she may be in trouble.



She has travel insurance but says that they may not cover airline failure.



Thanks



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
30/06/2010 21:32

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Message 21 of 41 in Discussion

toolsy, if you read message 16 I think you have to look at the invoice to see if the travel agent should refund you. I don't think Debit cards will return the money unless it is under £100



clayton


Joined: 30/11/2008
Posts: 1143

Message Posted:
30/06/2010 21:40

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Message 22 of 41 in Discussion

toolsy

we have booked with travel agent for the 4th sept.told us if we cancelled we would lose all monies plus have to pay cancellatoin fee.asked them if we were getting on the plane then from manchester couldnt answer that.they said we shouldnt be to hasty and hang on.



Smity



Joined: 14/09/2009
Posts: 826

Message Posted:
01/07/2010 00:33

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Message 23 of 41 in Discussion

I am claining back my moey after a went on the Foreign & commonwelth web site on the 25th it stated that CTA had ceased trading and to contact yourtravel agent or make other arangeements

I Printed this and saved it

On speaking to VIsa they aske what proof I had this print off was faxed to Visa and they said it was the proof they required

http://www.fco.gov.uk/en/travel-and-living-abroad



Good Luck



Smity



Joined: 14/09/2009
Posts: 826

Message Posted:
01/07/2010 00:36

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Message 24 of 41 in Discussion

REF MSG 23



This is now what the FCO has to say on the subject



On 25 June 2010 Cyprus Turkish Airlines (CTA) joined forces with AtlasJet. Passengers holding CTA tickets should seek advice in the first instance, from their travel agent or tour operator or directly with Atlas Jet Airlines. A local ‘help line’ number is available: (+90 392) 22 83666 ext 300 or 22 87647. Alternatively information is available on the Atlasjet website at: http://cmss.atlasjet.com/en/faq under the regulation for passengers holding KTHY tickets tab.



matty


Joined: 22/10/2008
Posts: 7

Message Posted:
01/07/2010 00:58

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Message 25 of 41 in Discussion

just to let you know that under section 75 of the consumer credit act you can claim. My advise is to talk to your credit card company. I have informed mine and they have put my amount as a 'dispute' therefore i am in the process of having the amount re-instated to my card. Normally they would give a refund after the date but as the company is bankrupt there is no need to wait as no company no service. I have also spoken to atlasjet and they have said that they doubt putting on replacement flights. They only have to provide to nearest airport on there schedule.



crimper


Joined: 08/05/2010
Posts: 22

Message Posted:
01/07/2010 09:41

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Message 26 of 41 in Discussion

You can check out section 75 on this link



http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#exceptions



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
01/07/2010 10:18

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Message 27 of 41 in Discussion

matty, thank you for confirming what I have been saying all along. You don't have to wait for the flight date to pass and you must put the sum in dispute or you could end up paying interest.

The old FCO notice which is better to use to prove CTA has ceased trading can be found here http://www.northcyprusfreepress.com/wp-content/uploads/2010/07/fco%20cta%20advice.png



zcacmxi


Joined: 30/11/2008
Posts: 388

Message Posted:
01/07/2010 11:38

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Message 28 of 41 in Discussion

If you booked direct with KTHY, then the http://www.kthy.net website itself clearly states: "With reference to the Turkish Civil Aviation General Directorate’s letter of 21 June 2010 all Kıbrıs Turkish Airlines flights are suspended until further notice."



Isn't that evidence enough...



You booked a flight with flight code YK on that website, and all flights with codes YK are suspended. It's simple, the goods can't be delivered. You don't have to accept an alternative airline, airport, time, etc.. It's up to you if you do.



I read in the TC press weeks ago that KTHY's Bank/Card Merchant started witholding money from them, as they got wind of the problems and were preparing for possible refunds.



If the report in the newspaper was true, they the bank may even already have your money, as they were preparing for this eventuality.



malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
01/07/2010 12:53

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Message 29 of 41 in Discussion

that's right, KTHY have not been declared bankrupt so they should still be liable for refunding passenger. The best way to go, if you paid by credit card, is to claim from the card company and let them counter claim from KTHY



zcacmxi


Joined: 30/11/2008
Posts: 388

Message Posted:
01/07/2010 13:33

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Message 30 of 41 in Discussion

The advice from the CAA is also quite clear on this page: http://www.caa.co.uk/default.aspx?catid=125&pagetype=90&pageid=9522



If your purchase is ATOL protected, contact ATOL. If you bought directly from CTA and paid by card, contact your card company.



The AtlasJet scheme is something that the TRNC government concocted. If you are desparate to get to Cyprus or return home, you may need to play their game and risk being given the run around..



Cyprusquest


Joined: 09/12/2008
Posts: 428

Message Posted:
01/07/2010 16:23

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Message 31 of 41 in Discussion

Lots of stories in a lot of threads! Is there any agent on Curpus 44 who can tell the truth? Tom seems to be absent!



zcacmxi


Joined: 30/11/2008
Posts: 388

Message Posted:
01/07/2010 18:54

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Message 32 of 41 in Discussion

The truth is that nobody knows what is going on... The facts are there are no flights from Gatwick or Heathrow, there are some replacements from Stansted... They're hoping people will accept these as alternatives...



susie123


Joined: 01/07/2010
Posts: 13

Message Posted:
01/07/2010 19:11

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Message 33 of 41 in Discussion

Hi, we have flights booked Manchester-Antalya 14th July, I have contacted Egg visa card today and told them that the airline has ceased trading and flights are grounded, they have told me to put the claim form in and rebook new flights



Still unsure what to do due to the Atlasjet situation, any comments please would help ??



susie123


Joined: 01/07/2010
Posts: 13

Message Posted:
01/07/2010 19:11

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Message 34 of 41 in Discussion

Hi, we have flights booked 14th July Manchester-Antalya. have been in touch with Egg Visa today and told them CTA ceased trading and flights grounded, They have told me to put claim form in and rebook elsewhere but unsure whether to rebook because of the Atlasjet situation



Any comments/thoughts please !!



Haydock


Joined: 01/07/2010
Posts: 14

Message Posted:
01/07/2010 19:11

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Message 35 of 41 in Discussion

Hello,



I had flights booked Manchester to Dalaman Saturday, 17 July, returning 31 July.



Atlas has informed me as did CTA, there are no Manchester-Dalaman flights scheduled to date (maybe after July 6th but CTA guy wasn't too hopeful.

The Atlas site has said tickets could be used by Mcr-Dalaman customers on the Stansted-Antalya flights, but that route isn't what I booked! My ultimate destination is Olu Deniz, about 220 miles from Anatalya.



I have contacted my credit card company (Disputes)- they said they will get back to me in 7 days.

As someone has said, CTA are not technically insolvent therefore they probably not refund my ticket money on that premise.

Would they refund my monies because CTA have not supplied the service I require, Man-Dal flight??

Or if Atlas don't lay on Mcr-Dal flights, would Atlas or CTA refund me my money?



I have now booked alternative flights, but I would really like that original money back!!



Haydock


Joined: 01/07/2010
Posts: 14

Message Posted:
01/07/2010 19:42

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Message 36 of 41 in Discussion

Susie,



I think Atlas may put a Manchester to Anatalya flight on. It is the Dalaman flights they are unlikely to put on.



Try phoning Atlas on 0090 216 444 3 387. I phoned them at about 7.15 in the morning (9.15 out there!), and got thru quite quickly.

You could wait until the 6/07/10 when a full summer schedule is expected from Atlas. In the meantime monitor the Mcr-Ana flights on other websites and see if they are actually going up, I think as the 14th is pre-school holidays; you should have an abundance of cheap flights still available after the 06/07/10.

I feel sure they will fly from Stansted to Anatalya if that is of any use. But if it is first come first served, any man for himself, it wouldn't be a desirable start to your holiday.



susie123


Joined: 01/07/2010
Posts: 13

Message Posted:
01/07/2010 19:56

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Message 37 of 41 in Discussion

I also have now rebooked, Manchester out to Antalya with Monarch, return with Thomas cook (saved £15 per person that way !!!)



Fingers crossed for the visa card claim !!!!



susie123


Joined: 01/07/2010
Posts: 13

Message Posted:
01/07/2010 19:56

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Message 38 of 41 in Discussion

Thanks Haydock



It's done now, so if I don't get the refund just have to pay it off in installments once I've transferred it to Zero rate interest card !!!



zcacmxi


Joined: 30/11/2008
Posts: 388

Message Posted:
01/07/2010 21:40

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Message 39 of 41 in Discussion

You can claim a refund from CTA as they are no longer running the flight that you booked. Keep the correspondence, as when they don't pay up you can go back to the credit card.



m5col


Joined: 30/09/2009
Posts: 74

Message Posted:
01/07/2010 23:00

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Message 40 of 41 in Discussion

I can add a little to the above comments, I had a cta ticket for the flight from Stansted to Ercan last Tuesday (29th), I had been told Atlas was providing the service but at 15.15 not 10.30 as was scheduled, luckily I arrived early because people were trying to get on the flight from previous days, I was lucky and got a seat but 60+ people were not, they were being told to come back tomorrow (Friday) for the next Atals(cta) flight, my advice is, if you have a ticket get there early! Also it came via Antalya not Gaziantep - not much fun for the people going there.



flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
02/07/2010 00:40

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Message 41 of 41 in Discussion

Another tour operator who is currently getting a number of repatriation requests has said that there seems to be many clients who are ill-advised on tickets & claims. They have suggested that you are reminded about the rules for refunds. Basically if the ticket is issued by the airline within (some say 24 others 48 hours of your paying) they are then sold from a ticket provider. If you pay a deposit or the ticket is not issued by the airline (i.e.CTA) within that time it would not be treated by the CAA or credit card as a ticket provider sale and therefore the agent or tour operator is liable.

From CAA site "If you booked through a travel agent you should contact your agent. If your tickets were issued at the time of booking the agent would have been acting as a 'Ticket Provider' and merely contracting you with the airline. If you received an ATOL receipt or Confirmation Invoice with tickets to follow at a later date your contract might be with the agent, not the airline."



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