Community
Wiki Posts
Search

Has anyone ever sued AF over a refund? Any advice?

Thread Tools
 
Search this Thread
 
Old Dec 10, 2023, 3:03 pm
  #1  
Original Poster
 
Join Date: Mar 2002
Location: BCN
Programs: BA Gold · A3 Gold · DL Gold · VY apologist
Posts: 8,545
Has anyone ever sued AF over a refund? Any advice?

Had to cancel flights late 2021 due to Covid, business class flights on DL metal, AF ticket, booked through AF website, total of about 3400€. Called AF to cancel two days before departure. After several months waiting for a refund I contacted them, they claimed to know nothing about it, I was just a no-show as far as they were concerned, but they took the info and told me they would process a refund. Three months later, a credit showed up on my card for 80€. When I called to inquire they told me this was the only refundable portion of the ticket I bought (it was I class, so...no, and besides this was the middle of the pandemic and flights were fully refundable). Several calls more and I'm just told they consider the matter resolved and there is nothing to be done. At this point there is no alternative but a legal one I'm afraid.

I want to understand the best way to go about this. I bought the tickets on airfrance.es. Where should I file the lawsuit? In Spain, or France? Delta doesn't have anything to do with the matter, correct?

Thanks for any insight.
alanw is offline  
Old Dec 10, 2023, 7:12 pm
  #2  
Accor Contributor Badge
 
Join Date: May 2015
Location: RBA / TBS
Programs: AF Gold / Accor Gold / Hilton Diamond / TP Silver / A3 Gold
Posts: 2,762
Originally Posted by alanw
Had to cancel flights late 2021 due to Covid, business class flights on DL metal, AF ticket, booked through AF website, total of about 3400€. Called AF to cancel two days before departure. After several months waiting for a refund I contacted them, they claimed to know nothing about it, I was just a no-show as far as they were concerned, but they took the info and told me they would process a refund. Three months later, a credit showed up on my card for 80€. When I called to inquire they told me this was the only refundable portion of the ticket I bought (it was I class, so...no, and besides this was the middle of the pandemic and flights were fully refundable). Several calls more and I'm just told they consider the matter resolved and there is nothing to be done. At this point there is no alternative but a legal one I'm afraid.

I want to understand the best way to go about this. I bought the tickets on airfrance.es. Where should I file the lawsuit? In Spain, or France? Delta doesn't have anything to do with the matter, correct?

Thanks for any insight.
the airline who sold the ticket is the one you should aim at

In your case i would recommand to gather all written evidences and first reach the spanish equivalent of CFPB and/or spanish consumer groups for such matter , then your CC issuer if possible

Then if you really want to sue AF then i strongly recommend to double check all small details and discuss with a lawyer if all other options are not working

To avoid such issue, i was usually asking AFKL to generate vouchers instead of reimbursement , cause i knew chances of them going bankrupt was low , but same for the chances of ever seeing my money back to my account
DiamondMile likes this.
fifty_two is online now  
Old Dec 10, 2023, 7:46 pm
  #3  
FlyerTalk Evangelist
 
Join Date: Dec 2003
Location: Not here; there!
Programs: AA Lifetime Gold
Posts: 29,606
Can we assume that, since the flights in question were operated by Delta, this was for travel from, to, or through the United States? If so, I would file a complaint against AF with the U.S. Department of Transportation, which has jurisdiction over such matters. But be mindful of statute of limitations expiration dates in any jurisdiction where you might ultimately file suit.

DOT Air Consumer complaint form here:

https://secure.dot.gov/air-travel-complaint

But unless you have proof that you cancelled before flight departure, you might have an uphill battle. Did you ever receive an email confirmation of the cancellation?

Last edited by guv1976; Dec 10, 2023 at 7:57 pm
guv1976 is offline  
Old Dec 10, 2023, 10:31 pm
  #4  
 
Join Date: Sep 2019
Posts: 603
What proof do you have that you canceled the flight before departure? That seems to be the key element here.
AfterHour likes this.
FabCW is offline  
Old Dec 11, 2023, 6:21 am
  #5  
 
Join Date: Jan 2011
Location: Boston, MA, USA
Programs: FB LTPE, BAEC GGL, EK Blue, SK Gold, Marriott Amb+LTT, IHG Diamond Amb, Accorhotels Silver
Posts: 1,960
Originally Posted by FabCW
What proof do you have that you canceled the flight before departure? That seems to be the key element here.
Agreed, there should be a trail somewhere, you should receive an email after your call proving that the reservation was cancelled.
olivedel is offline  
Old Dec 11, 2023, 9:43 am
  #6  
 
Join Date: Jun 2020
Programs: FlyingBlue
Posts: 2,427
Originally Posted by olivedel
Agreed, there should be a trail somewhere, you should receive an email after your call proving that the reservation was cancelled.
IIRC during Covid AF would not send confirmation emails when bookings were canceled, but when the request was processed (with the matching invoice).

I always found that a bit puzzling, fearing exactly this kind of mishaps.
hugolover likes this.
maalloc is offline  
Old Dec 11, 2023, 9:47 am
  #7  
Original Poster
 
Join Date: Mar 2002
Location: BCN
Programs: BA Gold · A3 Gold · DL Gold · VY apologist
Posts: 8,545
There was a connecting flight on UA that I have the email for, never received anything from AF. I suppose I can find an old phone bill that proves I called them right before UA. But I'm not sure it matters...as I understand the flights were completely refundable in late 2021. Or is that not right?
alanw is offline  
Old Dec 11, 2023, 9:59 am
  #8  
 
Join Date: Sep 2017
Location: Detroit, MI
Programs: Delta, JetBlue, Marriott
Posts: 153
Are you sure the ticket was fully refundable? My understanding was that during the COVID period, flights were changeable with no fee and you could cancel your flight at any time and receive a credit (unless you purchased a full-fare refundable ticket).
irishguy28 likes this.
EBiafore99 is offline  
Old Dec 11, 2023, 10:03 am
  #9  
FlyerTalk Evangelist
 
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,753
Originally Posted by alanw
There was a connecting flight on UA that I have the email for, never received anything from AF. I suppose I can find an old phone bill that proves I called them right before UA. But I'm not sure it matters...as I understand the flights were completely refundable in late 2021. Or is that not right?
Non-refundable flights were never completely refundable unless the airline themselves had cancelled the flight...but you could cancel any ticket and receive a voucher. That was why it was always advisable to refrain from pro-actively cancelling the ticket until the last minute (I ended up "cancelling" lots of tickets, but by waiting til close to the day of departure, in almost all cases, one or more of the flights in the ticket was eventually cancelled by the airline, thereby giving rise to the right to a cash/refundable voucher refund)

At best, you would have received a voucher with a (minimum) 12-month validity period. This may or may not have been "refundable" - though by late 2021, with a voluntary cancellation, I think it would have been a non-refundable voucher.

When you log into your Flying Blue account, and click on your "Vouchers", do you see any (expired) voucher which might be a possible match (date/price wise - clicking the "down arrow" on the right shows the date each voucher was actually issued. In most cases, this was *many months* after actually requesting the refund) for a "refund" of this ticket?

If it was an actual AF ticket, the voucher should have arrived by email with the subject line "THIS IS YOUR EMD RECEIPT" and sent from an @Pop3.amadeus.net (or similar) address.

(though, given that you received something back on your credit card, it sounds like maybe you rejected the offer of a voucher and insisted on having a cash refund - which therefore would have been per the fare rules of the ticket, and a mere refund of the government taxes, less a handling fee? Regardless, if you search your email using the PNR and/or ticket number, you should have some kind of an invoice for the "refund" that was processed to you)
Attached Images  

Last edited by irishguy28; Dec 11, 2023 at 10:16 am
irishguy28 is online now  
Old Dec 11, 2023, 11:19 pm
  #10  
FlyerTalk Evangelist
 
Join Date: Jul 2006
Location: Hong Kong, France
Programs: FB , BA Gold
Posts: 15,568
This is an old story and you already posted in February 2023.
Missing refund, now they've sent me a bill.

Your flight was not refundable in cash.The practice then was to issue a voucher that you could use for another flight or get a refund.
These vouchers had a one year validity. Your original flight was in December 2021, so the voucher expired in December 2022. Apparently you took no action on this voucher which is now void.
The other possibility is that your ticket was never cancelled and that you were a no-show. I assume that you checked back in February 2023, but that was already too late.
Frankly, I do not see what you can do two years later.
FabCW, irishguy28, mlin32 and 3 others like this.
brunos is online now  
Old Dec 17, 2023, 3:55 pm
  #11  
FlyerTalk Evangelist
 
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,753
Originally Posted by alanw
Thanks for any insight.
Can you tell us if you received a voucher?

Did you go back and check?
irishguy28 is online now  


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.