[PREM FARE GONE] Mad-scl biz $280 return
Jun 21, 2022, 8:02 am
#841
Join Date: Apr 2009
Location: LAX
Programs: UA Plat MM, CM Plat, Amex Plat, Hertz CP, Hyatt Globalist, SPG Gold, Vons Club
Posts: 6,849
Wait and see.
Yes, you only have a certain timeframe AFTER you receive the purchased product.
So if you preorder a physical good, the deadline won't start until you receive it because otherwise you wouldn't be able to file a chargeback anymore for any product defects.
Same for flights (at least with Visa+MC), countdown for chargebacks does not start until the 1st flight was supposed to happen since the merchant / airline have not provided the cardholder with anything for their money yet.
Thats why flight bookings are considered high risk products for payment processors and the rolling reserve / fees are higher (for most psp)
Yes, you only have a certain timeframe AFTER you receive the purchased product.
So if you preorder a physical good, the deadline won't start until you receive it because otherwise you wouldn't be able to file a chargeback anymore for any product defects.
Same for flights (at least with Visa+MC), countdown for chargebacks does not start until the 1st flight was supposed to happen since the merchant / airline have not provided the cardholder with anything for their money yet.
Thats why flight bookings are considered high risk products for payment processors and the rolling reserve / fees are higher (for most psp)
Jun 21, 2022, 8:04 am
#842
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,825
SK AAR - Neither Iberia nor LATAM nor my TA has ever communicated any price mistake to myself or any other party involved. So this is not about a price mistake. Things do not just become true when you post them over and over again. Also, my ticket is not canceled but just changed. Let's switch the discussion to the usual price mistake legal discussion when it is communicated as such. This case is different from the others.
Jun 21, 2022, 8:15 am
#843
Join Date: Apr 2009
Location: LAX
Programs: UA Plat MM, CM Plat, Amex Plat, Hertz CP, Hyatt Globalist, SPG Gold, Vons Club
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Booking.com tells me "in this case your flights were cancelled by the airlines and not by us." Important terminology: flights cancelled. Nothing about a so-called error. To me, this means the situation falls squarely within EC261/2004 and I'm entitled to the provisions of Article 8, as megaloman mentioned earlier.
Jun 21, 2022, 8:19 am
#844
Join Date: Apr 2016
Posts: 15
Just curious if you're able to fly?
Jun 21, 2022, 8:20 am
#845
Join Date: Apr 2009
Location: LAX
Programs: UA Plat MM, CM Plat, Amex Plat, Hertz CP, Hyatt Globalist, SPG Gold, Vons Club
Posts: 6,849
Sorry, but this is not the way Spanish/civil law works. If the airline explains that this is a mistake fare (fare way too low) and it is held that pax knew this or ought to have known it as the price was much lower than normal/comparable biz tickets, then the ticket will be void and not binding for the airline, i.e. there was no formation of a valid contract/ticket regardless that you received ticket No etc.
Jun 21, 2022, 8:33 am
#846
Join Date: Jul 2009
Programs: M&M
Posts: 992
I disagree the laws of the United States are different: What Are American Express's Chargeback Time Limits? In most cases, American Express cardholders have 120 days after the transaction occurs to file a chargeback. However, for chargebacks related to damaged or defective items, the deadline is 120 days from the day the item was received.
Jun 21, 2022, 8:38 am
#847
Join Date: Jun 2022
Posts: 39
in the United States it’s 120 days from the transaction date:
What Are American Express's Chargeback Time Limits? In most cases, American Express cardholders have 120 days after the transaction occurs to file a chargeback. However, for chargebacks related to damaged or defective items, the deadline is 120 days from the day the item was received.
What Are American Express's Chargeback Time Limits? In most cases, American Express cardholders have 120 days after the transaction occurs to file a chargeback. However, for chargebacks related to damaged or defective items, the deadline is 120 days from the day the item was received.
I disagree the laws of the United States are different: What Are American Express's Chargeback Time Limits? In most cases, American Express cardholders have 120 days after the transaction occurs to file a chargeback. However, for chargebacks related to damaged or defective items, the deadline is 120 days from the day the item was received.
Jun 21, 2022, 9:19 am
#849
Join Date: Apr 2012
Location: NYC
Programs: QF LTG
Posts: 1,200
Jun 21, 2022, 9:25 am
#850
Join Date: Jun 2014
Programs: UA Premier 1K, *A Gold
Posts: 160
The ticket is currently unflyable as it is and service via the courts is much faster than playing games with a bunch of incompetent airlines. Either the ticket will become flyable, they will have to commit perjury by attesting that the ticket is flyable (would not be surprised there) or the court will award material damages.
Jun 21, 2022, 9:47 am
#851
Join Date: Apr 2012
Location: NYC
Programs: QF LTG
Posts: 1,200
The ticket is currently unflyable as it is and service via the courts is much faster than playing games with a bunch of incompetent airlines. Either the ticket will become flyable, they will have to commit perjury by attesting that the ticket is flyable (would not be surprised there) or the court will award material damages.
Jun 21, 2022, 9:57 am
#852
Join Date: Apr 2009
Location: LAX
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Regarding the point about the other side of the state. Everything is done electronically including appearances. They file from their comfort of their home or office and appear the same. I assume you know that already so Why mention the other side of the State?!
Last edited by Flying Machine; Jun 21, 2022 at 10:41 am
Jun 21, 2022, 10:08 am
#854
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,825
I wonder on which basis a US judge will accept to deal with this matter as it has no connection to the US. LATAM could easily dispute jurisdiction/the competence to deal with matter. If purchased through PL, Booking or other US OTA I fail to see how that binds LATAM to US jurisdiction.
This will indeed be interesting to follow.
Jun 21, 2022, 10:11 am
#855
Join Date: Oct 2005
Location: Seattle
Posts: 339
In September I purchased a few of the CMN-MIA F sale fares on my American Express. One of the tickets AA changed the origin from CMN to MAD. In March just before departure I decided not to fly, canceled the flight online and requested a refund. AA denied the refund. A quick call to AMEX to chargeback got the ticket refunded to my AMEX within a week - this was 6 months after the initial purchase.