Originally Posted by
Tafflyer
So the question remains; how can we force credit card companies to enforce EU law on their merchants. If Amex, for example, is accepting nonsensical argumentation from Lufthansa rejecting a chargeback, does that not make Amex just as liable as Lufthansa.
Would I be free to initiate proceedings against both the airline and the bank not just for the refund but for other losses suffered as a consequence, like interest payments, loss of hotel bookings etc.?
Or should we initate another injunction in the same way we did to force Lufthansa to rebook flights without upfaring?
Another avenue I thought about is the travel insurance route. This is also with Amex. My platinum card has quite comprehensive insurance to reimburse travel costs due to failure of the service provider. This would be interesting as it pushes the card organisation into the corner with regard to the choice of getting the refund from their merchant or their own insurers.
In your current situation, where your initial claim has been rejected, you can complain to the credit card company. They must reply within a specified time limit, after which you can take your complaint to the omdudsman. Again, that's how things work here: I imagine there are similar processes to go through in other jurisdictions
I don't believe the UK is not unique in its provisions under Section 75 of the Consumer Credit Act. Under S75 you can claim from the bak issuing your card, or from the merchant. The bank is going to prefer you go for the merchant, but the choice is yours - and as Lufthansa is clearly being evasive, the cc bank is probably the best target. If the bank refuses your claim, you can take it to court or take he case to the ombudsman. A Section 75 claim is more hedged with conditions, but it has an advantage over the internally regulated dispute/chargeback in that it is a legally enforcable process AND you can claim for consequential damages.
Travel insurance gets tricky. Many insurers appear to recognise only very limited liability to COVID-associated claims, and the date you made the reservation would be crucial in assessing that liability.