Flight cancelled, TA and airline refuse to pay me back
#1
Original Poster
Join Date: Sep 2006
Location: BRU
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Flight cancelled, TA and airline refuse to pay me back
I have a general question about the booking of a flight ticket through an (online) travel agency.
I have booked a flight through an online travel agency, and got invoiced the ticket price by the airline and the booking fee by the travel agency (or this is what it looks like on my credit card statement)
The flight got cancelled by the airline for technical reasons. I could not accept the alternative they offered and the whole booking got cancelled.
Now, the airline refers to the travel agency for reimbursement; they say that they can cancel the booking but the reimbursement needs to go through the travel agency as I have bought it from them. The travel agency refers to the airline and says the airline has my money and they would ask for it and pay me back, but I am waiting for 2 months and I am getting nowhere.
I have two questions:
- Who needs to pay me back, the airline or the travel agency?
- I am entitled to a refund of the full ticket price. But what about the service fee of the travel agency? Can I get that one back as well?
I have booked a flight through an online travel agency, and got invoiced the ticket price by the airline and the booking fee by the travel agency (or this is what it looks like on my credit card statement)
The flight got cancelled by the airline for technical reasons. I could not accept the alternative they offered and the whole booking got cancelled.
Now, the airline refers to the travel agency for reimbursement; they say that they can cancel the booking but the reimbursement needs to go through the travel agency as I have bought it from them. The travel agency refers to the airline and says the airline has my money and they would ask for it and pay me back, but I am waiting for 2 months and I am getting nowhere.
I have two questions:
- Who needs to pay me back, the airline or the travel agency?
- I am entitled to a refund of the full ticket price. But what about the service fee of the travel agency? Can I get that one back as well?
#3
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,449
The travel agency. They are the ones to receive the money back from the airline, and then need to proceed back to you. The fees for the travel agency are probably gone, as I guess they're non refundable..
#4
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Thanks! I don't have experience with travel agencies as I always book directly at the airline. Much experience with flight cancellations, and I have always received my money back within 7 days.
I have filed a complaint at the credit card company, will see what they say.
Is there anything I can do against the travel agency? It is ebookers.de, registered in Germany. I don't want compensation from them or anything, although I would like to get their service fee back as well if possible, as their service is really unacceptable. But mainly I want to send them a signal that they can't behave like this.
I have filed a complaint at the credit card company, will see what they say.
Is there anything I can do against the travel agency? It is ebookers.de, registered in Germany. I don't want compensation from them or anything, although I would like to get their service fee back as well if possible, as their service is really unacceptable. But mainly I want to send them a signal that they can't behave like this.
#5
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,449
Ebookers is considered to be one of the better OTAs, so that does surprise me a bit.
I'd absolutely make sure to document everything in written form.
ie, that the carrier cancelled the flight and told you you'll get a full refund, that it will go through your TA (and that they actually sent it to the TA), etc.
Ordering a chargeback otherwise - if the refund process is just ongoing - might end bad with you having to pay a nasty fee possibly.
I'd absolutely make sure to document everything in written form.
ie, that the carrier cancelled the flight and told you you'll get a full refund, that it will go through your TA (and that they actually sent it to the TA), etc.
Ordering a chargeback otherwise - if the refund process is just ongoing - might end bad with you having to pay a nasty fee possibly.
#6
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First, while you did not provide flight details, I am presuming that your location and FFP membership suggest at least an EU carrier if not an EU origination for your flight, EC 261/2004 gives you the option of a full refund in the case of a cancellation. This is the responsibility of the operating carrier of the flight. While the refund may not come from the operating carrier, it is the responsibility of the operating carrier to get it done. Thus, telling you to seek the refund from your TA is inappropriate (although perhaps more efficient).
Second, even if EC 261/2004 did not apply, you have a contractual right to the return of all funds as the service was not supplied. This is not a matter of fault. Things happen. But, a refund is due and whoever holds the funds ought to return them. In the case of a credit card, to the original form of payment, e.g. a credit to the card account.
Third, if neither the operating carrier nor the TA initiated the credit in short order, the chargeback through the card issuer, presumably a bank (although it could be another financial institution) should be initiated. This should be simple and short. All that is necessary is the assertion that the flight was cancelled, that you elected a refund and that your effort to obtain a refund from both the operating carrier and the TA has been unsuccessful. The card issuer will handle the rest.
Do not be scared off by the suggestion that you will be assessed a fee for disputing the charge. Neither merchant vendor, the term for the air carrier and the TA, has accepted responsibility for processing the refund which you are due. Quite the contrary, both have effectively denied your request. This is exactly what the dispute process is for.
Second, even if EC 261/2004 did not apply, you have a contractual right to the return of all funds as the service was not supplied. This is not a matter of fault. Things happen. But, a refund is due and whoever holds the funds ought to return them. In the case of a credit card, to the original form of payment, e.g. a credit to the card account.
Third, if neither the operating carrier nor the TA initiated the credit in short order, the chargeback through the card issuer, presumably a bank (although it could be another financial institution) should be initiated. This should be simple and short. All that is necessary is the assertion that the flight was cancelled, that you elected a refund and that your effort to obtain a refund from both the operating carrier and the TA has been unsuccessful. The card issuer will handle the rest.
Do not be scared off by the suggestion that you will be assessed a fee for disputing the charge. Neither merchant vendor, the term for the air carrier and the TA, has accepted responsibility for processing the refund which you are due. Quite the contrary, both have effectively denied your request. This is exactly what the dispute process is for.
#7
Original Poster
Join Date: Sep 2006
Location: BRU
Programs: LH (SEN), IHG (Plat Amb)
Posts: 498
I'd absolutely make sure to document everything in written form.
ie, that the carrier cancelled the flight and told you you'll get a full refund, that it will go through your TA (and that they actually sent it to the TA), etc.
Ordering a chargeback otherwise - if the refund process is just ongoing - might end bad with you having to pay a nasty fee possibly.
ie, that the carrier cancelled the flight and told you you'll get a full refund, that it will go through your TA (and that they actually sent it to the TA), etc.
Ordering a chargeback otherwise - if the refund process is just ongoing - might end bad with you having to pay a nasty fee possibly.
The carrier (SAS) cancelled the flight and did not refund me, that is a fact. We are 2 months later now.
The TA said they wanted to refund me but I have spent 2 times 1,5 hours on the phone with them, I am not going to call a third time.
Fact is, after two months I still have not got my money back.
#8
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You did business with and paid money to the travel agency. They owe you the refund. Including the service fee and full ticket price.
#9
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First, while you did not provide flight details, I am presuming that your location and FFP membership suggest at least an EU carrier if not an EU origination for your flight, EC 261/2004 gives you the option of a full refund in the case of a cancellation. This is the responsibility of the operating carrier of the flight. While the refund may not come from the operating carrier, it is the responsibility of the operating carrier to get it done. Thus, telling you to seek the refund from your TA is inappropriate (although perhaps more efficient).
Some say the airline is responsible, others say if you booked through a travel agency, the TA is responsible. You see both opinions also in this thread, so it is very confusing. That's why I wanted to ask this question here.
Third, if neither the operating carrier nor the TA initiated the credit in short order, the chargeback through the card issuer, presumably a bank (although it could be another financial institution) should be initiated. This should be simple and short. All that is necessary is the assertion that the flight was cancelled, that you elected a refund and that your effort to obtain a refund from both the operating carrier and the TA has been unsuccessful. The card issuer will handle the rest.
#10
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This should be an easy one for them to resolve in your favor.
#11
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#12
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Ultimately, it's the travel agency's responsibility to coordinate the refund. Even if the cancellation is the carrier's fault, you should be able to rely on the travel agency to advocate for you and coordinate the refund with the airline--that's why you pay a travel agent.
One thing I'll note, though, is that typically a travel agency service fee is nonrefundable. In this case, because the travel agency has failed to fulfill it's responsibility here I'd pursue a refund of the service fee as well, but under more typical circumstances the work that the travel agent does is not reduced by the cancellation--in fact, in most cases it's more work.
#13
Original Poster
Join Date: Sep 2006
Location: BRU
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Posts: 498
Ultimately, it's the travel agency's responsibility to coordinate the refund. Even if the cancellation is the carrier's fault, you should be able to rely on the travel agency to advocate for you and coordinate the refund with the airline--that's why you pay a travel agent.
One thing I'll note, though, is that typically a travel agency service fee is nonrefundable. In this case, because the travel agency has failed to fulfill it's responsibility here I'd pursue a refund of the service fee as well, but under more typical circumstances the work that the travel agent does is not reduced by the cancellation--in fact, in most cases it's more work.
Second, the problem is not even that they do nothing, but they also make themselves virtually unreachable for their customers: very long waiting times by phone, no online communication, no reaction to a letter. I am waiting for 2 months for a reimbursement of 3,500 EUR which I have always received within 7 days in the cases I had booked directly with the airline. So I think in this case they don't deserve to keep the service charge I paid.
#14
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Second, even if EC 261/2004 did not apply, you have a contractual right to the return of all funds as the service was not supplied. This is not a matter of fault. Things happen. But, a refund is due and whoever holds the funds ought to return them. In the case of a credit card, to the original form of payment, e.g. a credit to the card account.
Scoot does not refund any money in case of an (airline-side) cancellation.
#15
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