Section 75 claim for a cancelled flight: what your credit card actually covers

Your airline went bust mid-trip. Or they cancelled and refuse to refund. Or they've gone radio silent for six months. If you paid by credit card, there's a route most people don't know about: Section 75 of the Consumer Credit Act 1974. It makes your card provider equally liable - and a lot harder to ignore than the airline.

What the law says

Section 75 of the Consumer Credit Act 1974 makes the credit card provider jointly and severally liable alongside the supplier for any breach of contract or misrepresentation, where:

• The cash price of the item is more than £100 and not more than £30,000
• You paid at least part of the price using a credit card (not debit, not Klarna, not bank transfer)
• There's a "debtor-creditor-supplier" link - i.e. you used your card with the supplier directly

That last point trips people up. If you booked through a travel agent, the chain might break. If you booked direct with the airline using your credit card, Section 75 applies.

"Joint and several" means you can claim the full amount from your card provider - not just the bit charged to the card. Pay £40 deposit on credit card and £600 by debit card? You can still claim the full £640 from the credit card provider, provided the cash price was over £100.

For purchases under £100, or where Section 75 doesn't apply, chargeback is the parallel route. Chargeback isn't statutory - it's a card-scheme rule (Visa, Mastercard, Amex). Time limit is typically 120 days from the transaction or service date, but check with your provider.

Step-by-step: how to claim

1. Try the airline first. Card providers usually want to see you've attempted resolution.
2. Gather the evidence pack.

- Original booking confirmation

- Card statement showing the charge

- Cancellation notice (or proof airline went into administration)

- All correspondence with the airline

- Quote of the replacement cost if you had to rebook

1. Decide: Section 75 or chargeback? Use our Section 75 checker to confirm eligibility, and our chargeback tool to weigh the alternative route.
2. File with your card provider in writing. Most have an online form. Reference Section 75 explicitly.
3. Set a reasonable response deadline. 8 weeks is the regulatory window before you can escalate to the Financial Ombudsman.

Letter snippet

Dear [CARD ISSUER],

>

Re: Section 75 Consumer Credit Act 1974 - claim against [AIRLINE]

>

On [DATE] I booked a flight from [DEPARTURE] to [ARRIVAL] with [AIRLINE] for £[AMOUNT]. I paid using my [CARD NAME] ending [LAST 4]. The flight was [cancelled / not provided / the airline entered administration on [DATE]] and [AIRLINE] has [refused to refund / not responded].

>

Under section 75 of the Consumer Credit Act 1974, you are jointly and severally liable with the supplier for breach of contract. I claim the full sum of £[AMOUNT], being the price paid (and any additional reasonably foreseeable losses such as the £[X] replacement booking).

>

Please process this claim and refund the amount to my account within 8 weeks. If the matter is not resolved by then, I will refer it to the Financial Ombudsman Service.

>

Yours faithfully,

[NAME] - Account [NUMBER]

If they say no

Card issuers reject Section 75 claims more than they should. Common excuses:

• "It's not our problem - claim from the airline." Wrong. Section 75 is statutory joint liability, not a fallback.
• "The contract was with a third-party agent." Maybe - check whether you paid the airline directly or through an intermediary. Aggregator sites can break the chain.
• "You didn't pay enough on the credit card." Joint and several liability covers the full purchase, not just the card portion, as long as cash price is £100-£30k.

If they refuse, escalate to the Financial Ombudsman Service (FOS) - free, binding on the bank up to £430,000 (2026 limit), 6-month window from the bank's final response. The FOS is generally robust on Section 75 claims.

FAQs

Can I do both Section 75 and a UK261 claim?

Yes, but only recover once. If the airline pays under UK261, the Section 75 claim is satisfied. You're claiming the same loss two different ways.

My card was an Amex - does Section 75 apply?

Yes. Amex is regulated as a credit card under the Consumer Credit Act.

What about debit cards?

Section 75 doesn't apply to debit cards. Use chargeback instead - shorter time limit but covers similar ground.

Does Section 75 cover cancellations within the airline's terms?

If the airline cancels, that's a breach of contract (failure to provide the service). If you cancel because you changed your mind, no - you have to rely on their refund policy.

Is there a deadline?

Six years under the Limitation Act 1980 (five in Scotland) for the contract claim. But card issuers and the FOS prefer claims within months, not years.

Section 75 was drafted in 1974 to protect people exactly like you. Use it.