Flight Cancellation: 6 months for refund - is it legal?
Apr 27, 20, 3:22 am
#16
Join Date: Nov 2017
Location: New Zealand (when I'm home!)
Programs: Air NZ Elite
Posts: 1,209
So 1 minute per refund that is say 60 per hour, 10000 means 167 hours, equates to 4 weeks.
So not months and even triple time is only 12 weeks for one person.
If 100000 then about 40 weeks up to 120 weeks, but again only 1 person.
Use 10 people all over in 12 weeks max.
So not months and even triple time is only 12 weeks for one person.
If 100000 then about 40 weeks up to 120 weeks, but again only 1 person.
Use 10 people all over in 12 weeks max.
And that isn't taking into account the time that is required to take the call from the person on the phone, etc. And the fact they'll be getting support calls completely separate to this to answer too.
It's a lot of time, during a period people are working inefficiently at home.
Six months may be pushing it
but months of delays for some customers? Absolutely. There is a reason Air NZ is basically begging people to not call unless their flight is soon. Its to manage their incredible backlog of cancelled flights. Refunds do take actual time.
Apr 27, 20, 5:05 am
#18
Join Date: Nov 2017
Location: New Zealand (when I'm home!)
Programs: Air NZ Elite
Posts: 1,209
Well, my testy and very biased replies on here clearly belie a very big sensitivity on my part to Air NZ. Its a very stressful time and watching a business that is a national pride that has done so much good for this country get battered like this and have to lay off so many genuinely hurts.
So I am one of those people that has chosen to just accept credit. But most people I know, are seeking refunds. Understandably, flights are just one cost of travel... A lot of people don't know if they (or their business) will be able to afford travel in the future. There have been mixed results in speaking to a representative on the phone.
So I am one of those people that has chosen to just accept credit. But most people I know, are seeking refunds. Understandably, flights are just one cost of travel... A lot of people don't know if they (or their business) will be able to afford travel in the future. There have been mixed results in speaking to a representative on the phone.
Jun 17, 20, 10:28 pm
#19
Join Date: Jul 2006
Location: Earth (non-US)
Programs: NW Gold->CO->UA->DL PM
Posts: 1,332
I think you made the above up; I'd certainly be taking any business that attempted to send a successful chargeback (which is an administrative dispute process) straight to Court in the US.
Jun 19, 20, 6:13 pm
#20
Join Date: Jan 2007
Location: Auckland NZ
Programs: NZ Gold Elite, AS, AC, QF
Posts: 740
Here's a tip: if you were sent an e-ticket, look at the details: was the form of payment your credit card? If so then whomever issued the ticket need only submit an IATA refund (with an approval code from NZ if necessary) and your refund is processed during the next weekly ticketing report. There is literally nothing else required.
However if they sold the airfare as part of a larger sale--and used their agency's credit card facility rather than IATA's--you are more trapped with the terms and conditions of the sale.
However if they sold the airfare as part of a larger sale--and used their agency's credit card facility rather than IATA's--you are more trapped with the terms and conditions of the sale.
Jun 22, 20, 2:04 pm
#21
Join Date: Jun 2020
Posts: 1
They are still legally bound to deliver a valid reservation. If the airline has cancelled a flight a valid reservation was NOT delivered to the consumer - nothing of usable value was delivered to the consumer - so the entire transaction is void. This is akin to the OTA just delivering a phony reservation to the customer and keeping the money, that isn't going to fly legally.
While the DOT may not be able to help I will file a lawsuit to get 100% of my money back because I do not think the OTA can operate this way. This does not happen in any other industry. If I buy something from an online retailer and do not get the product for whatever reason I most definitely get my money back.
While the DOT may not be able to help I will file a lawsuit to get 100% of my money back because I do not think the OTA can operate this way. This does not happen in any other industry. If I buy something from an online retailer and do not get the product for whatever reason I most definitely get my money back.
Jun 25, 20, 3:32 am
#22
Join Date: Feb 2014
Location: Frensham, Lincolnshire
Programs: RFC
Posts: 4,782
Can't legally happen in NZ, and based on my 10+ years in the US, I've never seen or heard of anything even remotely like that happening there.
Apr 14, 21, 6:20 am
#23
Join Date: Apr 2021
Posts: 1
Did you file a lawsuit?
Hi,
I am very interested to find out if you had filed a lawsuit, because I am looking to do the same. I wanted to ask you a few questions, such as, where do I begin? Im trying to do a little research to find out which entity regulates ovago but not having any luck.
Thanks,
Kristy
I am very interested to find out if you had filed a lawsuit, because I am looking to do the same. I wanted to ask you a few questions, such as, where do I begin? Im trying to do a little research to find out which entity regulates ovago but not having any luck.
Thanks,
Kristy
They are still legally bound to deliver a valid reservation. If the airline has cancelled a flight a valid reservation was NOT delivered to the consumer - nothing of usable value was delivered to the consumer - so the entire transaction is void. This is akin to the OTA just delivering a phony reservation to the customer and keeping the money, that isn't going to fly legally.
While the DOT may not be able to help I will file a lawsuit to get 100% of my money back because I do not think the OTA can operate this way. This does not happen in any other industry. If I buy something from an online retailer and do not get the product for whatever reason I most definitely get my money back.
While the DOT may not be able to help I will file a lawsuit to get 100% of my money back because I do not think the OTA can operate this way. This does not happen in any other industry. If I buy something from an online retailer and do not get the product for whatever reason I most definitely get my money back.
Apr 14, 21, 9:35 am
#24
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,265
One thing that remains unclear after all this time is whether US law applies at all. OP simply says that he purchased a ticket on NZ to Europe. While, at the time, that was theoretically possible, it is also entirely possible that this was a ticket NZ-Europe or anywhere-NZ-Europe.
Without the specific routing, we will never know whether US law applied at all. For a non-US carrier, US law would only apply if the ticket departed from the US.
As to the chargeback, presuming that OP used a US-issued card, I have never heard of a successful chargeback being turned over to collections.
Without the specific routing, we will never know whether US law applied at all. For a non-US carrier, US law would only apply if the ticket departed from the US.
As to the chargeback, presuming that OP used a US-issued card, I have never heard of a successful chargeback being turned over to collections.
Apr 15, 21, 8:12 pm
#25
Original Poster
Join Date: Mar 2008
Posts: 660
Hi,
I am very interested to find out if you had filed a lawsuit, because I am looking to do the same. I wanted to ask you a few questions, such as, where do I begin? Im trying to do a little research to find out which entity regulates ovago but not having any luck.
Thanks,
Kristy
I am very interested to find out if you had filed a lawsuit, because I am looking to do the same. I wanted to ask you a few questions, such as, where do I begin? Im trying to do a little research to find out which entity regulates ovago but not having any luck.
Thanks,
Kristy
Here is a lesson to be learned - I will NEVER EVER book through these shady outfits again regardless of the price. Always try to book direct through the airline, IF for some reason you can't then use a reputable agency - Orbitz or Expedia.
Apr 15, 21, 8:43 pm
#26
Join Date: Jun 2019
Posts: 64
https://www.tripadvisor.co.nz/ShowTo...ir_Travel.html
Over a 1000 negative posts just in this thread, and hundreds of other threads about how shonky OTA's are. Unfortunately, the same reasons for choosing them - they looked cheap, but it didn't work out that way.
A 5 minute web search of Ovago would have anyone running a mile before spending a cent with them.
Over a 1000 negative posts just in this thread, and hundreds of other threads about how shonky OTA's are. Unfortunately, the same reasons for choosing them - they looked cheap, but it didn't work out that way.
A 5 minute web search of Ovago would have anyone running a mile before spending a cent with them.
Apr 15, 21, 8:45 pm
#27
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,265
Most important point. Always book direct through the carrier.
If you absolutely must use a travel agent, choose one with a physical presence in your community where you and others know the specific people.
Bottom line is that whatever its failings, NZ might have delayed, but would have refunded and had it not, a chargeback would have pried back your money sooner rather than later.
If you absolutely must use a travel agent, choose one with a physical presence in your community where you and others know the specific people.
Bottom line is that whatever its failings, NZ might have delayed, but would have refunded and had it not, a chargeback would have pried back your money sooner rather than later.
Apr 18, 21, 4:51 am
#28
Join Date: Dec 2015
Posts: 354
Despite having status with Hotels.com (I believe owned by Expedia) I received terrible advice and nil refund for an approximately 3 week European booking last year - I was cut off many times by their Priority Customer Service - when I eventually contacted the apartment provider directly they told me they had told Hotels.com different information to that told to me by Hotels.com. Interestingly despite Hotels.com taking the whole booking amount and refunding nothing they also refused to provide loyalty nights. I was lucky in the end that I was able to convince my insurance that I was entitled to claim.
Apr 18, 21, 2:25 pm
#29
Join Date: Apr 2013
Location: New Zealand (most of the time)
Programs: Air NZ Elite *G, Honors Gold, IHG Platinum Elite
Posts: 5,910
One thing so many people seem to forget (or simply not understand) is that a travel agent is exactly that - your agent. Your relationship is not directly with the airline or hotel, it's with the person or company you've asked to be your representative for the transaction, and it's that person or company that you have the contractual agreement with.
Apr 18, 21, 3:34 pm
#30
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,265
I would not hesitate to file a chargeback if a refund is requested and not initiated in short order (EU is 7 days, US is 7 days for air carrier and 10 for TA).
Always do the chargeback in writing (could be an email or webform) and always attach or include the appropriate documents which make for an irrefutable case.
Some countries and card issuers may have time limits. Do not let those pass or come even close.
Always do the chargeback in writing (could be an email or webform) and always attach or include the appropriate documents which make for an irrefutable case.
Some countries and card issuers may have time limits. Do not let those pass or come even close.
