Originally Posted by
citricut
Ok so Swiss strikes back. Somehow they've managed to justify there is no ground for a chargeback as the flight was cancelled due to government restrictions thus there are no dispute rights according to Visa. I'll try to fight back, I don't see 261/2004 makes any distinction on reason for cancellation regarding cash refund, which they have refused to provide in the given 7 days.
You are correct. The airline cancelled. One of your legal remedies is a full refund within 7 days. This is regardless of underlying reason and not subject to the extraordinary circumstances rule which only affects additional monetary compensation.
Did you not get a cancellation confirmation after you requested a refund?
My cancellation confirmation for my cancelled Swiss AMS-ZRH-HKG-AKL flight, which surprisingly was sent by Lufthansa despite ticket andbooking being on Swiss, contained the following text:
Unfortunately we had to cancel your booking on 15 April 2020.
The already issued ticket(s) have been sent to our refund department for further processing.
We kindly inform you that if you require proof that your scheduled flight was delayed/cancelled, you need to request it immediately after the flight has been delayed/cancelled as we do not handle such requests retroactively.
This reflects IMHO the recognition that a refund is due. Therefore, chargeback is justified if this refund does not appear within 7 days.
In your case, I would insist on the CC company rejecting Swiss’ arguments. If that fails then use all legal remedies in your juresdiction. Perhaps a legal claim against both the airline and your CC company might get their attention.