Airlines evading passenger rights to refunds

One of the major consequences of the COVID-19 pandemic is mass flight cancellations, but this does not mean that airlines can ignore the consequences of cancelling flights, including refunds for services not provided. This is without exception even during “extraordinary circumstances” like the COVID-19 pandemic.

Unfortunately, many airlines in the current crisis are ignoring passenger demands. Instead of cash refunds for unused tickets airlines are offering a choice of free date changes or vouchers for other flights. GIVT has created a service to combat this practice and help passengers recover their money effectively, without stress.

Over 90 airlines have seriously limited their flights or ceased operating completely. Some of the biggest are:

• Air France and TAP Portugal cancelling 90% of flights until May,
• Lufthansa Group have cancelled 98% of flights until April 19th inclusive and are mainly operating only repatriation flights,
• Ryanair has suspending up to 99% of flights from March 25th (reduced service between Great Britain and Ireland only),
• easyJet has suspended 90% of flights from March 24th,
• SAS has cancelled up to 99% of flights (until March 24th they were still increasing flights to Spain and Portugal),
• Finnair is reducing flights by 90% until June,
• Norwegian has cancelled 85% of flights indefinitely.

“The cancelling of flights due to coronavirus does not justify airlines avoiding passenger rights. Even though pandemics are extraordinary circumstances exempting airlines from flight compensation liability under Regulation (EU) 261/2004, passengers have the right to choose at their discretion a full ticket refund, a change of travel dates or a voucher for future flights, as stated by the European Commission on March 18th”, says Kamila Szczygieł, attorney at law GIVT.

AIRLINES AVOIDING PASSENGER REFUNDS

Passengers can choose how they wish to receive compensation from airlines, however many airlines are ignoring refund requests and disregarding passengers’ rights, forcing customers to opt for a change of dates or a voucher. One leading low-cost airline, for example, is offering customers a voucher for 120% of the unused ticket value. In addition to this, passengers may also experience:

• extended hotline waiting times
• Facebook chat, with no response
• chat inactive during supposed hours of service

On top of these, there are often problems with sending completed ticked refund applications on specific airline’s websites.

These are not one off events, passengers have posted about trying different browsers, but without success. In addition, some airlines are swindling customers forced to rebook their flights, hiding additional fees of up to £80 in changes.

TRAVEL AGENT TICKET REFUNDS

The same rules apply for travel agents. Generally, if you have insurance the insurer will continue to provide assistance under the conditions stipulated in your contract. However, if you do not have insurance, the best thing to do is contact the operating airline directly to seek a refund. In this case, however, customers may be refused a refund and be offered a voucher or change of travel dates instead. This is aimed at helping the travel industry minimise losses.

Another possibility is to request a chargeback at your bank, where the bank can dispute your transaction with the merchant, to try and get your money back. It is vital you tell the bank what you paid for, why the merchant is not refunding you and what the terms and conditions of the purchase were.

The German association of independent travel agents (VUSR) was initially in favour of offering vouchers, but has recently changed tack, stating that in addition to the financial aspect, companies should also consider their most important asset, customer trust. According to VUSR extra money from refunds will be useful to customers in times of curtailed working hours.

This does not change the fact that many airlines are still making it difficult to obtain a refund. European airlines are appealing to the European Commission for a change in legislation. EU authorities have pledged further assistance to the aviation industry, however, they have emphasised that passengers should be reimbursed if they request a cash refund.

HOW TO GET A REFUND IF THEY AIRLINE WILL NOT PAY?

GIVT, specialists in Regulation (EU) 261/2004 flight compensation, are offering legal support to help meet customers’ needs for unused ticket refund requests and launched an online service on March 24th for effective cost recovery of unused paid for tickets.

For further information visit the GIVT website.