Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > Avianca | LifeMiles and Amigo
Reload this Page >

Trying to get refund from Avianca from their documented error

Trying to get refund from Avianca from their documented error

Old Oct 22, 2016, 12:57 pm
  #1  
Original Poster
 
Join Date: Sep 2014
Location: NYC, AKL, YVR
Posts: 19
Trying to get refund from Avianca from their documented error

I'm going to try and keep this concise because it's been two months of back-and-forth with the Avianca. The super spark notes sequence of events are:
- I missed my first flight of a return trip to Brazil (this was my error, phone died overnight, and I recognized this from the beginning)
- After discussing my situation with staff at the airport, bought a one-way ticket to Brazil. I was informed my return flight was valid and was told all I have to do within 24 hours is confirm with the call center I still wanted my return flight)
- Informed call center immediately after confirming my one-way flight there
- Flight center told me the information I was told by airport staff incorrect and the information desk staff told me was not right.

After unsuccessfully aiming to have this flight resolved many times directly with the Avianca I was forced to purchase a one-way ticket back from Brazil. Upon returning a put a formal sequence of events together for the Avianca and formally requested a full refund on the return flight I was forced to book (about $1k USD).

Information I maintain as it relates to this incorrect advice from Avianca Staff:
1. I recorded the convo and have a confirmation from the lady at the desk advising me this.
2. I got her to print out a confirmation of my valid flights.

Up to this point I have not given them either of these documents (under advice of a lawyer, who said if you decided to take further recourse it's better to wait until they come back on your request).

They just came back to me saying they are not honoring my request. They have offered me $500 in Avianca credit and 5,000 Avianca Miles. Neither of these in combination come close to what I have asked for.

What do I do next?

Technically, the advice I was given from the Avianca desk caused me to purchase both one way tickets. Had I been informed correctly of the position of my return ticket I may have elected to remain at home and rebook a trip for another date. Again, advice of a lawyer, I was told to pursue the airline for both of these tickets and other incremental costs (looking at more like $3K US + legal fees).

All I want is them to cover the cost of this flight single flight. Is there any merit in going back to them again to try and request this or do you weigh up the decision of pursuing them more formally.

As a long time frequent flyer with Star Alliance this was the only reason I decided to fly with Avianca and their handling of this issue has been absolutely shocking. I've done my best to keep them informed and push this process along but each step took 3-5 requests to get anything actioned. Makes you wonder why you even bother with the Alliance.

Any feedback on Avianca here would be great. Can I actually have this resolved by them or will it need to be done through formal demands?

Last edited by willstew; Oct 22, 2016 at 2:04 pm
willstew is offline  
Old Oct 22, 2016, 2:23 pm
  #2  
A FlyerTalk Posting Legend
 
Join Date: Apr 2013
Location: PHX
Programs: AS 75K; UA 1MM; Hyatt Globalist; Marriott LTP; Hilton Diamond (Aspire)
Posts: 56,227
Originally Posted by willstew
Technically, the advice I was given from the Avianca desk caused me to purchase both one way tickets. Had I been informed correctly of the position of my return ticket I may have elected to remain at home and rebook a trip for another date. Again, advice of a lawyer, I was told to pursue the airline for both of these tickets and other incremental costs (looking at more like $3K US + legal fees).
I don't claim to know anything about Colombian or Brazilian law.

But in the US, you would be SOL and at the mercy of the airline in terms of a customer service gesture. Phone agents don't have authority to alter the fare rules or CoC. Rely on what they tell you at your peril.
Kacee is offline  
Old Oct 22, 2016, 3:12 pm
  #3  
Original Poster
 
Join Date: Sep 2014
Location: NYC, AKL, YVR
Posts: 19
But in the US, you would be SOL and at the mercy of the airline in terms of a customer service gesture. Phone agents don't have authority to alter the fare rules or CoC. Rely on what they tell you at your peril.
Thanks for that!

To clarify, this happened in New York and the advice was from their employee at their JFK office.
willstew is offline  
Old Oct 22, 2016, 6:30 pm
  #4  
A FlyerTalk Posting Legend
 
Join Date: Apr 2013
Location: PHX
Programs: AS 75K; UA 1MM; Hyatt Globalist; Marriott LTP; Hilton Diamond (Aspire)
Posts: 56,227
Originally Posted by willstew
To clarify, this happened in New York and the advice was from their employee at their JFK office.
I suppose you could try a small claims action, but I would hesitate to tell you that you have a viable legal remedy. You're basically arguing either that the phone agents modified the terms of your fare or some sort of promissory estoppel or negligent misrepresentation claim. I don't see either of those having any reasonable chance of success. And that's putting aside the significant preemption issue.

Others here who have dealt with AV can perhaps give more color on whether you're likely to get an improved customer service gesture than the $500 + 5K miles.
Kacee is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.