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Covid19: Swiss refunds after cancellation

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Old May 28, 2020, 3:14 pm
  #421  
 
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Originally Posted by whereiswaldo
Wow. Just wow. Swiss confirmed that my booked flights are officially canceled. No per written confirmation, but per call center (and of course per Swiss timetable). I asked the call center for refunds to be processed. Call center confirmed that refunds will be processed and then issued the below. Note that the cancellation e-mail states that I requested a cancellation, now word of Swiss cancelling the flight, and that a refund may be "possible". This is outright fraudulent.
-------

Hello Mr. YYYYYYY

Your booking has been cancelled as requested.

Tickets no.:
xxxxxxxxxxxx

have been passed on for a possible* refund.


Best regards,
Swiss International Air Lines
Unfortunately, this is the default generic wording of Swiss itinerary cancellations, regardless of source of initiation.

When Swiss cancelled flights on me, but before the itinerary was cancelled, I was able to pull up the reservation on Lufthansa's website that showed the cancelled segments. On Swiss's website, the cancellations were not reflected. Not sure if it's too late for you to try to pull up the reservation on Lufthansa.com.
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Old May 28, 2020, 3:25 pm
  #422  
 
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Reading through the above threads completely reflects the experience I’ve been going though. The first time I called I was told to call back in about a year!!!!

I’ve been also through the chargeback saga with Amex, resulting in Swiss saying it’s my fault because I am a British citizen and wouldn’t have been allowed on the flight (which just by chance happened to have been cancelled).

BA on the other hand have been fantastic, and almost in sympathy with them and to thank them for their good service, I have (probably stupidly) agreed to accept one expensive flight refunded as a voucher.

I have two returns cancelled with Swiss and am going to peruse it all back, I don’t ever want to book or fly with them again.
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Old May 28, 2020, 3:33 pm
  #423  
 
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Originally Posted by nufnuf77
There is nothing fraudulent. Front line agent cannot tell or guarantee what the refund is.
You are kidding, right? Swiss canceled the flights in question but did not sent a cancellation note. The above quote from the e-mail sent by Swiss today clearly implies that I, not Swiss, canceled the booking. I did not - I requested a refund of a canceled flight. And that is not what Swiss documented.
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Old May 28, 2020, 3:35 pm
  #424  
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Again -> in the UK -> sue them through MCOL/small claims court;
in Germany -> sue them through a local Amtsgericht;
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Old May 28, 2020, 11:55 pm
  #425  
 
Join Date: Oct 2015
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Originally Posted by citricut
Chargeback approved 16. April, rejected 22nd May


Yes I got the cancellation mail, sent it as part of the original chargeback documentation. Will try again!



Thank you for the reference. Swiss claims I accepted article 7.1.2.g of their conditions of carriage that states they can refuse to carry me if I don't possess valid immigration documents. I'm a Spanish national travelling to Spain so I don't really know how they want to fit this article with the general travel ban due to State of Alarm.



In my case it's a Swiss visa Platinum (viseca), I'm also annoyed by how the took side with the airline straight away.

Ok so I've instructed CC to initiate chargeback on the representment. Will update as I know more. I wish I could opt to not fly LX anymore but to us in landlocked Switzerland this is just not an option for many destinations unless you are willing to make stopovers.
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Old May 29, 2020, 2:27 am
  #426  
 
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Originally Posted by capedreamer
Based on the experience of others, I'm now expecting my credit card company to take the side of Swiss and reverse the temporary credit. Out of frustration and anger, I have taken the time to fill out the EC261 passenger report claim via FOCA's website. After completing the online form, one has to sign and e-mail it to FOCA with supporting documentation. In case helpful, please I've attached a copy of my e-mail and a few supporting documents.
Thank you for sharing!
I also processed a similar (less detailed) complaint to our local authorities in my country.
Interestingly, based on the reports here on what basis Swiss rejects the claims, I checked the fare conditions of my tickets to India and it includes the following around Refunds/Cancellations:

CANCELLATIONS

ANY TIME
TICKET IS NON-REFUNDABLE.
WAIVED FOR DEATH OF PASSENGER OR FAMILY MEMBER.
NOTE -
WAIVERS MUST BE EVIDENCED BY DEATH CERTIFICATE
-----------------------------------------------
REFUND PERMITTED BEFORE DEPARTURE IN CASE OF
REJECTION OF VISA. EMBASSY STATEMENT REQUIRED.

Not sure if this exception is also listed for other destinations.
Whilst in my view their reason for rejection doesn’t stand anyway if they cancel the flight, this certainly voids their argument even more.
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Old May 29, 2020, 2:34 am
  #427  
 
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Originally Posted by MOZBOB
Thank you for sharing!
Ugh - Unfortunately, I just received a response from FOCA redirecting me to the French authorities (presumably) because my first segment commences at CDG. Unfortunately, the Direction générale de l'aviation civile (DGAC) does not appear to have an online form. Its website (https://www.ecologique-solidaire.gouv.fr/) is all in French and also does not have an e-mail contact option.
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Old May 29, 2020, 3:18 am
  #428  
 
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Originally Posted by capedreamer
Ugh - Unfortunately, I just received a response from FOCA redirecting me to the French authorities (presumably) because my first segment commences at CDG. Unfortunately, the Direction générale de l'aviation civile (DGAC) does not appear to have an online form. Its website (https://www.ecologique-solidaire.gouv.fr/) is all in French and also does not have an e-mail contact option.
Aah yes, you need to file those complaints in the first country of departure!
This is also where Amex initially got confused, saying Switzerland is not in the EU and hence EC261/2004 doesn't apply.....but it's a passenger right, not an airline right.

My French is poor, but just looked and https://www.ecologique-solidaire.gouv.fr/contact-mtes has a button at the bottom of the page to activate an online form with your email address. You could always try to copy over your stuff in English...
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Old May 29, 2020, 4:45 am
  #429  
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DGAC wont do anything! A complaint there is just a waste of time.
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Old May 29, 2020, 5:06 am
  #430  
 
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Originally Posted by MOZBOB
Aah yes, you need to file those complaints in the first country of departure!
This is also where Amex initially got confused, saying Switzerland is not in the EU and hence EC261/2004 doesn't apply.....but it's a passenger right, not an airline right.

My French is poor, but just looked and https://www.ecologique-solidaire.gouv.fr/contact-mtes has a button at the bottom of the page to activate an online form with your email address. You could always try to copy over your stuff in English...
Originally Posted by warakorn
DGAC wont do anything! A complaint there is just a waste of time.
Very disheartening. Ugh. Does anyone know whether I can choose to submit a claim for the Zurich-Sao Paulo leg only and thus qualify for handling by FOCA instead of DGAC?

Btw, I had to delete my earlier post because it included a wrong attachment. I'm reposting my earlier message here:

Based on the experience of others, I'm now expecting my credit card company to take the side of Swiss and reverse the temporary credit. Out of frustration and anger, I have taken the time to fill out the EC261 passenger report claim via FOCA's website. After completing the online form, one has to sign and e-mail it to FOCA with supporting documentation. In case helpful, please I've attached a copy of my e-mail and a few supporting documents.
Attached Images
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Old May 29, 2020, 6:40 am
  #431  
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Even if you could file at FOCA -> it wont make a difference.

Again - I know that fellow FT'ers will attack me for that - I also recommend to just refuse to pay Amex/issueing bank for the representment charge.
A debt collection agency has no privileges; your credit score cannot be downgraded in Germany (if you have filed a detailed dispute); I doubt that Amex or the card issueing bank will want to test the chargeback guidelines in a front of a court of law.
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Old May 29, 2020, 8:39 am
  #432  
 
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FWIW, FOCA claims they forwarded my case to DGAC.

Originally Posted by warakorn
Even if you could file at FOCA -> it wont make a difference.

Again - I know that fellow FT'ers will attack me for that - I also recommend to just refuse to pay Amex/issueing bank for the representment charge.
A debt collection agency has no privileges; your credit score cannot be downgraded in Germany (if you have filed a detailed dispute); I doubt that Amex or the card issueing bank will want to test the chargeback guidelines in a front of a court of law.
I appreciate what you're saying but I think it's understandable that most laymen like me would rather not chance things. It seems you have some familiarity with EU law. If you indeed have a background in this field, could you recommend any legal representation we might be able to organize to file a class action claim against LX / LH. That seems more likely to succeed vs. advocating for individual FT members to take on a multi-billion corporation on their own.
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Old May 29, 2020, 2:27 pm
  #433  
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Got the documentation from AMEX/Swiss today. Thought I would share a couple of interesting images, note the grounds on which they are refusing the chargeback. It was my fault for not being allowed to enter Kenya
Sorry, just realised this is not new, didn't read through the thread. But I will leave the images anyway.
Attached Images   

Last edited by MaxFlying; May 29, 2020 at 2:32 pm
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Old May 29, 2020, 2:50 pm
  #434  
 
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Originally Posted by MaxFlying
Got the documentation from AMEX/Swiss today. Thought I would share a couple of interesting images, note the grounds on which they are refusing the chargeback. It was my fault for not being allowed to enter Kenya
Sorry, just realised this is not new, didn't read through the thread. But I will leave the images anyway.
This appears to be the reason for chargeback refusal Swiss is using across the board now. It is such BS but you gotta respect the chutzpah of Swiss's legal team for coming up with a claim this ridiculous: "It's not relevant whether we cancelled a flight because the passenger wouldn't have been able to enter the destination country. Hence we had the right to deny them boarding for a flight we were no longer operating." Incredible.
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Old May 29, 2020, 3:01 pm
  #435  
 
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In such scenarios, is this purely a delay (so they can refund on their own terms months from now) or are they actually refusing to refund altogether?
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