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Full Refund vs Credit to Travel Bank amid COVID crisis

Full Refund vs Credit to Travel Bank amid COVID crisis

Old Mar 23, 2020, 3:36 pm
  #76  
 
Join Date: Feb 2020
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More info about the class action lawsuit filed against Air Canada and Air Transat in Quebec regarding the refunds:
Lachaine v. Air Transat and Air Canada et al. (COVID-19) ? Perrier Attorneys




Originally Posted by robsaw
Sure - to stave off insolvency. They could just throw-in-the-towel, declare bankruptcy and maybe the consumer will get a few cents on the dollar 2 or 3 years down-the-road.
they are not doing the decent and fair thing towards their customers.
the consumer will get its money from the card issuing banks as a chargeback even after the bankruptcy of the airline.
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Old Mar 23, 2020, 5:24 pm
  #77  
 
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Originally Posted by hoipolloi
More info about the class action lawsuit filed against Air Canada and Air Transat in Quebec regarding the refunds:
Lachaine v. Air Transat and Air Canada et al. (COVID-19) ? Perrier Attorneys
Looks like any one in a class action lawsuit in Quebec could be waiting a while, supposedly took 12 years for one regarding bank charges: https://www.educaloi.qc.ca/en/capsul...t-class-action
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Old Mar 23, 2020, 6:04 pm
  #78  
 
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Originally Posted by aerobod
Looks like any one in a class action lawsuit in Quebec could be waiting a while, supposedly took 12 years for one regarding bank charges: https://www.educaloi.qc.ca/en/capsul...t-class-action
even if it took 12 years, that class action lawsuit was worth it because forced financial institutions to explicitly state the foreign currency charges for credit cards, which made the consumer aware of the fees and resulted in some credit card products that don't carry FX fees.


Class action lawsuits, however, often result in settlements that considerably reduce the duration of the class action.

For example, the class action against Air Canada for not honouring a flight pass price error was initiated in 2015 and settled in 2019.
Air Canada Flight Pass Mispricing National Class Action

Another class action against Airbnb was initiated in 2017 and settled in 2020:
https://lpclex.com/airbnb/
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Old Mar 23, 2020, 6:51 pm
  #79  
 
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Originally Posted by hoipolloi
even if it took 12 years, that class action lawsuit was worth it because forced financial institutions to explicitly state the foreign currency charges for credit cards, which made the consumer aware of the fees and resulted in some credit card products that don't carry FX fees.


Class action lawsuits, however, often result in settlements that considerably reduce the duration of the class action.

For example, the class action against Air Canada for not honouring a flight pass price error was initiated in 2015 and settled in 2019.
Air Canada Flight Pass Mispricing National Class Action

Another class action against Airbnb was initiated in 2017 and settled in 2020:
https://lpclex.com/airbnb/
Obviously several years is your best case scenario in these examples with no guarantee of success. Also doesn’t solve any problem of someone who has current cash flow problems. Those who use the credit after the crisis is over for a well deserved holiday, will have a much easier time, long before the possibility of a class action payout.
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Old Mar 24, 2020, 9:27 am
  #80  
 
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Originally Posted by hoipolloi
More info about the class action lawsuit filed against Air Canada and Air Transat in Quebec regarding the refunds:
Lachaine v. Air Transat and Air Canada et al. (COVID-19) ? Perrier Attorneys

they are not doing the decent and fair thing towards their customers.
the consumer will get its money from the card issuing banks as a chargeback even after the bankruptcy of the airline.
Your expectation that there is enough financial solvency to refund ALL consumers equally is quite simply faulty and the idea that forcing airlines into bankruptcy will result in making ALL passengers equally and fairly whole is unlikely.
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Old Mar 24, 2020, 10:54 am
  #81  
 
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First off welcome all the new FT members who have joined in the past few months.


I had booked a flight to SXM in April which was just cancelled, to which I will probably get travel credit back. What I would prefer to have is the flight re-booked at a later date because it is unlikely I can get the same fare I paid originally.
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Old Mar 24, 2020, 2:04 pm
  #82  
 
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Originally Posted by hoipolloi
Class action lawsuits, however, often result in settlements that considerably reduce the duration of the class action.

For example, the class action against Air Canada for not honouring a flight pass price error was initiated in 2015 and settled in 2019.
Air Canada Flight Pass Mispricing National Class Action
Ironically, the settlement in this suit was that each of the flight pass purchasers received an eCoupon from AC for approximately $503, valid for 1 year.

Cheap Western Canada Flight Pass

Purchasers didn't get a refund, nor was the airline forced to honour the flight pass. Whether it was worth the lawsuit in the end, I can't say as I wasn't involved.
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Old Mar 24, 2020, 5:35 pm
  #83  
 
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Originally Posted by YEG USER
Purchasers didn't get a refund
I'm pretty sure it was reported at the time that they were offered a refund or bonus flights if they wished to pay for the pass at full price.
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Old Mar 24, 2020, 5:55 pm
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Originally Posted by Error 601
I'm pretty sure it was reported at the time that they were offered a refund or bonus flights if they wished to pay for the pass at full price.
Could have been. My point was simply that there was a class action suit, and in the end the plaintiffs came away with very little. A class action suit might work in this case, but if it goes to trial it'll be a long time to get anything if victorious, and if there is a settlement in the near term, it'll likely be for only a portion of what is sought (especially once the lawyers take their cut).
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Old Mar 25, 2020, 11:18 am
  #85  
 
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it remains that Westjet is morally and ethically wrong in refusing to refund customer's money. Westjet believes it can refuse refunds because of the risk of bankrupty. It is in "every mean necessary" mode, whether it's legal or not.
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Old Mar 25, 2020, 11:21 am
  #86  
 
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Originally Posted by YEG USER
Could have been. My point was simply that there was a class action suit, and in the end the plaintiffs came away with very little. A class action suit might work in this case, but if it goes to trial it'll be a long time to get anything if victorious, and if there is a settlement in the near term, it'll likely be for only a portion of what is sought (especially once the lawyers take their cut).
I'm sure in this case the plaintiffs will end up with refunds or at least an a bonused voucher or gift card with no transferability or combinability restrictions
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Old Mar 25, 2020, 11:31 am
  #87  
 
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Originally Posted by taupo
Looks as though a refund will be possible:
Hello taupo,

Due to adjustments to our flight schedule, we're sorry to advise you that it has been necessary to change one or more of your WestJet flights and we are unable to provide an alternative flight option.

For your reference, the reservation code is: taupo1

We are not processing refunds to original form of payment at this time. The full value of your flight has been refunded to a WestJet travel bank (for WestJet bookings) or WestJet Dollars account (for WestJet Vacations bookings), which is valid for 24 months from date of issue. If you prefer a refund to original form of payment, we will provide information about when that can be requested at a later date.
We sincerely apologize for any inconvenience these changes may cause you. Thank you for your understanding.

I have received this same e-mail. Strange that they advised me that there is no alternative flight option. My return flight remains intact. If I go to the booking site, there are three outgoing flights scheduled for that day. Who gets these?

Despite the wording "has been refunded", my travel bank still shows $0.00 with no mention of the companion voucher that I used for this trip.
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Old Mar 25, 2020, 12:52 pm
  #88  
 
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Originally Posted by hoipolloi
it remains that Westjet is morally and ethically wrong in refusing to refund customer's money. Westjet believes it can refuse refunds because of the risk of bankrupty. It is in "every mean necessary" mode, whether it's legal or not.
I'm not disagreeing. IMHO when a service that has been paid for can't be provided, the money should be refunded. Actually, I think there should be a 2nd option available to customers - instead of a refund to "travel bank" if a customer chooses, they should be allowed to rebook at a future date for the same origin/destination without being subject to fare difference. I'm sure there are many people who bought seats on a seat sale and won't want to go on the trip in 12 months when the price has doubled.

Originally Posted by hoipolloi
I'm sure in this case the plaintiffs will end up with refunds or at least an a bonused voucher or gift card with no transferability or combinability restrictions
Quite possibly, but that could be years down the road. If there are people who have a need of the funds immediately a class action suit won't really help them.
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Old Mar 25, 2020, 1:05 pm
  #89  
 
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having to pay a higher fare ?

Originally Posted by Heffeh41
I would prefer to have is the flight re-booked at a later date because it is unlikely I can get the same fare I paid originally.
I agree. In fact, this should be the norm. For example, I recently changed YXX-YEG-YVR to YXX-YYZ-YEG-YVR as a result of a schedule change. + 1 PQS. No additional fare req'd!.
I was astonished to be told today that the fare for my cancelled flight to BNE is double due to the date change ? IMO, the date change is not in my control. Why do I have to pay more ? As long as the replacement flight is the same fare class & on AC metal ?

Last edited by Antonio8069; Mar 25, 2020 at 1:05 pm Reason: typo
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Old Mar 25, 2020, 1:17 pm
  #90  
 
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For Swoop, here it is ladies and gentlemen. Nevermind what some airline industry shills might say. It says it right in their tariffs that customers can elect for a refund for cancellations outside of Swoop's control, even if it's a force majeure case
https://www.flyswoop.com/tariffs/

Domestic tariff page 93 and 94



Transborder tariff page 55:


Should we just bend over and take it that they won't fulfill their obligations ?

Last edited by hoipolloi; Mar 25, 2020 at 1:39 pm
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