Full Refund vs Credit to Travel Bank amid COVID crisis
#91
Join Date: Jun 2019
Programs: WestJet Gold
Posts: 79
The Canadian Transportation Agency (CTA) has taken steps to address the major impacts that the COVID-19 pandemic is having on the airline industry by making temporary exemptions to certain requirements of the Air Passenger Protection Regulations (APPR) that apply from March 13, 2020 until June 30, 2020.
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
#92
Join Date: Mar 2010
Location: Calgary
Posts: 1,444
The Canadian Transportation Agency (CTA) has taken steps to address the major impacts that the COVID-19 pandemic is having on the airline industry by making temporary exemptions to certain requirements of the Air Passenger Protection Regulations (APPR) that apply from March 13, 2020 until June 30, 2020.
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
#93
Join Date: Jul 2014
Location: YVR
Programs: WS Nothing, AC Something, AS Gold. Too big for 737Max washrooms
Posts: 893
#94
Join Date: May 2019
Posts: 302
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
#95
Join Date: Dec 2006
Location: YEG
Posts: 3,925
If not the travelers, it'll be taxpayers giving a loan. Gov't probably looking at this as more of a "user pay" model for loaning the airline money. Not saying its right... Taxpayer money likely coming anyways.
#96
Join Date: Aug 2014
Location: YYC
Posts: 2,075
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.
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.
#97
Join Date: Feb 2020
Posts: 1,204
The Canadian Transportation Agency (CTA) has taken steps to address the major impacts that the COVID-19 pandemic is having on the airline industry by making temporary exemptions to certain requirements of the Air Passenger Protection Regulations (APPR) that apply from March 13, 2020 until June 30, 2020.
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
While any specific situation brought before the CTA will be examined on its merits, the CTA believes that, generally speaking, an appropriate approach in the current context could be for airlines to provide affected passengers with vouchers or credits for future travel, as long as these vouchers or credits do not expire in an unreasonably short period of time (24 months would be considered reasonable in most cases).
Read the full text here: https://otc-cta.gc.ca/eng/statement-vouchers
Despite what the airline and travel industry shills or bootlickers might want to believe, that CTA's wishy washy statement about vouchers is just an opinion and is not a regulation nor a law. Even if it were a CTA regulation, it doesn't override consumers' chargeback rights, nor the tariffs nor the consumer protection laws before the courts.
The CTA recommended a 24 months expiry, but they should also recommend certain flexibility and usage standards such as guaranteed transferrability, combinability and non-loss of residual values when used for cheaper flights.
Quebec's Consumer Protection Act
54.13. Within 15 days following the cancellation of the contract, the merchant must refund all sums paid by the consumer under the contract and any accessory contract, including sums paid to a third person.
Within 15 days following the cancellation of the contract or following delivery if it postdates cancellation, the consumer must restore the goods that were the object of the contract to the merchant in the same state in which they were received.
The merchant shall assume the reasonable costs of restitution.
2006, c. 56, s. 5.
54.14. If the merchant defaults on the obligation to make a refund under section 54.13 and the consumer has paid by credit card, the consumer may, within 60 days following the default, request the card issuer to chargeback all amounts paid under the contract and any accessory contract, and to cancel all charges made to the consumer’s account in relation to those contracts.
2006, c. 56, s. 5.
54.15. A chargeback request must be in writing and contain the following information:
(a) the credit cardholder’s name;
(b) the credit card number and expiry date;
(c) the merchant’s name;
(d) the date the contract was entered into;
(e) the amount charged to the credit card account and the sums to be refunded by the merchant;
(f) a description of the goods or services that are the object of the contract and for which chargeback is requested;
(g) the reason for cancelling the contract; and
(h) the date of cancellation and the means used to send the cancellation notice.
2006, c. 56, s. 5.
54.16. A credit card issuer that receives a chargeback request must
(a) acknowledge receipt within 30 days;
(b) make the chargeback and cancel all credit card charges in connection with the distance contract and any accessory contract within 90 days or two complete periods, as defined in section 67, following receipt of the request, whichever comes first.
Within 15 days following the cancellation of the contract or following delivery if it postdates cancellation, the consumer must restore the goods that were the object of the contract to the merchant in the same state in which they were received.
The merchant shall assume the reasonable costs of restitution.
2006, c. 56, s. 5.
54.14. If the merchant defaults on the obligation to make a refund under section 54.13 and the consumer has paid by credit card, the consumer may, within 60 days following the default, request the card issuer to chargeback all amounts paid under the contract and any accessory contract, and to cancel all charges made to the consumer’s account in relation to those contracts.
2006, c. 56, s. 5.
54.15. A chargeback request must be in writing and contain the following information:
(a) the credit cardholder’s name;
(b) the credit card number and expiry date;
(c) the merchant’s name;
(d) the date the contract was entered into;
(e) the amount charged to the credit card account and the sums to be refunded by the merchant;
(f) a description of the goods or services that are the object of the contract and for which chargeback is requested;
(g) the reason for cancelling the contract; and
(h) the date of cancellation and the means used to send the cancellation notice.
2006, c. 56, s. 5.
54.16. A credit card issuer that receives a chargeback request must
(a) acknowledge receipt within 30 days;
(b) make the chargeback and cancel all credit card charges in connection with the distance contract and any accessory contract within 90 days or two complete periods, as defined in section 67, following receipt of the request, whichever comes first.
#98
Join Date: Apr 2010
Programs: aeroplan, amex, priority club
Posts: 115
booked a flight on west jet months ago on pts with a cibc credit card to go out west from east coast , paid some of price with pts some with cash , westjet canceled flight , i canceled credit card after i booked flight , cibc telling me have i have travel credit as per West Jet good will policy, refund is not allowed., i prefer to get my money back as when i book a flight i have to go to cibc rewards again to book flight , rather be able to book with anyone i want as i dont have credit card with them anymore , any info on this be great
#99
Join Date: Feb 2020
Posts: 1,204
booked a flight on west jet months ago on pts with a cibc credit card to go out west from east coast , paid some of price with pts some with cash , westjet canceled flight , i canceled credit card after i booked flight , cibc telling me have i have travel credit as per West Jet good will policy, refund is not allowed., i prefer to get my money back as when i book a flight i have to go to cibc rewards again to book flight , rather be able to book with anyone i want as i dont have credit card with them anymore , any info on this be great
#100
Join Date: Mar 2010
Location: Calgary
Posts: 1,444
Information on credit card chargebacks relative to Covid-19 from a travel industry expert, rather than an emotional consumer:
https://bcove.video/33HXRzA
https://bcove.video/33HXRzA
#101
Join Date: Aug 2019
Posts: 57
Information on credit card chargebacks relative to Covid-19 from a travel industry expert, rather than an emotional consumer:
https://bcove.video/33HXRzA
https://bcove.video/33HXRzA
Who the heck is going to read the terms and conditions and then proceed to interpret a force majeure clause? The bottom line is that the consumer did not receive a product paid for. The bank can look into it and decide to proceed or not to proceed. Realistically, if people are filing an insurance claim, let's say for their house by analogy, they don't read the policy's term and conditions. They file the claim and hope for the best.
My experience with chargebacks is that the bank decides if you have a case based on what you tell them. They put it through if they agree with you and wait for a response, if any from the merchant. I think this guy may know the travel business but not the banking business.
BTW, he said he spoke with VISA but I think chargebacks are bank specific not VISA specific. I just spoke with my bank today and they confirmed I had 120 days to file a dispute and this was for a VISA card.
#102
Join Date: Aug 2019
Posts: 57
booked a flight on west jet months ago on pts with a cibc credit card to go out west from east coast , paid some of price with pts some with cash , westjet canceled flight , i canceled credit card after i booked flight , cibc telling me have i have travel credit as per West Jet good will policy, refund is not allowed., i prefer to get my money back as when i book a flight i have to go to cibc rewards again to book flight , rather be able to book with anyone i want as i dont have credit card with them anymore , any info on this be great
#103
Join Date: Mar 2010
Location: Calgary
Posts: 1,444
Well, he started to talk about chargebacks and then the rest of it was a commercial for travel agents.
Who the heck is going to read the terms and conditions and then proceed to interpret a force majeure clause? The bottom line is that the consumer did not receive a product paid for. The bank can look into it and decide to proceed or not to proceed. Realistically, if people are filing an insurance claim, let's say for their house by analogy, they don't read the policy's term and conditions. They file the claim and hope for the best.
My experience with chargebacks is that the bank decides if you have a case based on what you tell them. They put it through if they agree with you and wait for a response, if any from the merchant. I think this guy may know the travel business but not the banking business.
BTW, he said he spoke with VISA but I think chargebacks are bank specific not VISA specific. I just spoke with my bank today and they confirmed I had 120 days to file a dispute and this was for a VISA card.
Who the heck is going to read the terms and conditions and then proceed to interpret a force majeure clause? The bottom line is that the consumer did not receive a product paid for. The bank can look into it and decide to proceed or not to proceed. Realistically, if people are filing an insurance claim, let's say for their house by analogy, they don't read the policy's term and conditions. They file the claim and hope for the best.
My experience with chargebacks is that the bank decides if you have a case based on what you tell them. They put it through if they agree with you and wait for a response, if any from the merchant. I think this guy may know the travel business but not the banking business.
BTW, he said he spoke with VISA but I think chargebacks are bank specific not VISA specific. I just spoke with my bank today and they confirmed I had 120 days to file a dispute and this was for a VISA card.
#104
Join Date: Jul 2014
Location: YVR
Programs: WS Nothing, AC Something, AS Gold. Too big for 737Max washrooms
Posts: 893
#105
Join Date: Feb 2020
Posts: 1,204
Information on credit card chargebacks relative to Covid-19 from a travel industry expert, rather than an emotional consumer:
https://bcove.video/33HXRzA
https://bcove.video/33HXRzA
Here are the consumer rights, from the horse's mouth Quebec's Consumer Protection agency
https://translate.googleusercontent.com/translate_c?depth=1&nv=1&rurl=translate.google.com &sl=auto&sp=nmt4&tl=en&u=https://www.opc.gouv.qc.ca/consommateur/bien-service/voyage/fonds-indemnisation/covid-19/
My flight has been canceled and the airline is offering me credit on a future trip. Should I accept it? i
The situations in which consumers may find themselves are varied and a multitude of rules apply. These are complex legal situations about which it is difficult to pronounce without making a case-by-case analysis.It is not illegal for an airline to offer various solutions to the customer whose flight has been canceled.
It may be advantageous to accept this proposal if it suits you, in particular because it provides you with rapid compensation while minimizing your efforts.
However, the client may be tempted to refuse when the credit is subject to restrictive conditions, such as an expiration date or a penalty.
The Office recommends that you check the conditions attached to the use of a travel credit before accepting it.Make sure you can use it for a reasonable period of time, such as 24 months, and that there is no penalty for accepting such credit. Also, confirm if you can use it only for yourself or if it is used for someone else, such as a family member.
The FICAV could take into account the acceptance of such a credit when the time comes to assess the value of the claim.
If it is a purchase made on the Web or by telephone, for example without the intermediary of a travel agent, the consumer can benefit from specific provisions of the law, which provide in particular, in the event of refusal reimbursement of a duly canceled contract, the possibility of requiring the chargeback by the issuer of the credit card with which the purchase was made. The card issuer must then recall the payment to reimburse the consumer.
Last edited by hoipolloi; Mar 26, 2020 at 9:17 pm